Last updated on March 15th, 2023 at 04:09 pm
Title 40 – Protection of Environment–Volume 23
CHAPTER I – ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
SUBCHAPTER C – AIR PROGRAMS (CONTINUED)
PART 97 – FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM
Subpart A – NOX Budget Trading Program General Provisions
§ 97.1 Purpose.
This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the federal NO
§ 97.2 Definitions.
The terms used in this part shall have the meanings set forth in this section as follows:
Account number means the identification number given by the Administrator to each NO
Acid Rain emissions limitation means, as defined in § 72.2 of this chapter, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under title IV of the Clean Air Act.
Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator’s duly authorized representative.
Allocate or allocation means, with regard to NO
Automated data acquisition and handling system or DAHS means that component of the CEMS, or other emissions monitoring system approved for use under subpart H of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by subpart H of this part.
Boiler means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401 et seq.
Combined cycle system means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.
Combustion turbine means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.
Commence commercial operation means, with regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. Except as provided in § 97.4(b), § 97.5, or subpart I of this part, for a unit that is a NO
Commence operation means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber. Except as provided in § 97.4(b), § 97.5, or subpart I of this part for a unit that is a NO
Common stack means a single flue through which emissions from two or more units are exhausted.
Compliance account means a NO
Continuous emission monitoring system or CEMS means the equipment required under subpart H of this part to sample, analyze, measure, and provide, by means of readings taken at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of nitrogen oxides (NO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated DAHS. A flow monitoring system provides a permanent, continuous record of stack gas volumetric flow rate, in units of standard cubic feet per hour (scfh);
(2) A nitrogen oxides concentration monitoring system, consisting of a NO
(3) A nitrogen oxides emission rate (or NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter. A moisture monitoring system provides a permanent, continuous record of the stack gas moisture content, in units of percent H
Control period means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive.
Electricity for sale under firm contract to the grid means electricity for sale where the capacity involved is intended to be available at all times during the period covered by a guaranteed commitment to deliver, even under adverse conditions.
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the NO
Energy Information Administration means the Energy Information Administration of the United States Department of Energy.
Excess emissions means any tonnage of nitrogen oxides emitted by a NO
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
Fossil fuel fired means, with regard to a unit:
(1) For units that commenced operation before January 1, 1996, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during 1995, or, if a unit had no heat input in 1995, during the last year of operation of the unit prior to 1995;
(2) For units that commenced operation on or after January 1, 1996 and before January 1, 1997, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during 1996; or
(3) For units that commence operation on or after January 1, 1997:
(i) The combination of fossil fuel, alone or in combustion with any other fuel, where fossil fuel actually combusted comprises more than 50 percent of the annual heat input on a Btu basis during any year; or
(ii) The combination of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than 50 percent of the annual heat input on a Btu basis during any year, provided that the unit shall be “fossil fuel-fired” as of the date, during such year, on which the unit begins combusting fossil fuel.
General account means a NO
Generator means a device that produces electricity.
Heat input means, with regard to a specified period to time, the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the NO
Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy from any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period equal to or greater than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input means the ability of a unit to combust a stated maximum amount of fuel per hour (in mmBtu/hr) on a steady state basis, as determined by the physical design and physical characteristics of the unit.
Maximum potential hourly heat input means an hourly heat input (in mmBtu/hr) used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use appendix D of part 75 of this chapter to report heat input, this value should be calculated, in accordance with part 75 of this chapter, using the maximum fuel flow rate and the maximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported, in accordance with part 75 of this chapter, using the maximum potential flowrate and either the maximum carbon dioxide concentration (in percent CO
Maximum potential NO
Maximum rated hourly heat input means a unit specific maximum hourly heat input (in mmBtu/hr) which is the higher of the manufacturer’s maximum rated hourly heat input or the highest observed hourly heat input.
Monitoring system means any monitoring system that meets the requirements of subpart H of this part, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.
Most stringent State or Federal NO
Nameplate capacity means the maximum electrical generating output (in MWe) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings as measured in accordance with the United States Department of Energy standards.
Non-title V permit means a federally enforceable permit administered by the permitting authority pursuant to the Clean Air Act and regulatory authority under the Clean Air Act, other than title V of the Clean Air Act and part 70 or 71 of this chapter.
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
Operating means, with regard to a unit under §§ 97.22(d)(2) and 97.80, having documented heat input for more than 876 hours in the 6 months immediately preceding the submission of an application for an initial NO
Operator means any person who operates, controls, or supervises a NO
Opt-in means to be elected to become a NO
Overdraft account means the NO
Owner means any of the following persons:
(1) Any holder of any portion of the legal or equitable title in a NO
(2) Any holder of a leasehold interest in a NO
(3) Any purchaser of power from a NO
(4) With respect to any general account, any person who has an ownership interest with respect to the NO
Percent monitor data availability means, for purposes of § 97.43 (a)(1) and § 97.84(b), total unit operating hours for which quality-assured data were recorded under subpart H of this part in a control period, divided by the total number of unit operating hours in the control period, and multiplied by 100 percent.
Permitting authority means the State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the NO
Potential electrical output capacity means 33 percent of a unit’s maximum design heat input.
Receive or receipt of means, when referring to the permitting authority or the Administrator, to come into possession of a document, information, or correspondence (whether sent in writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by the permitting authority or the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in appendix A of part 60 of this chapter.
Serial number means, when referring to NO
Source means any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility that emits or has the potential to emit any regulated air pollutant under the Clean Air Act. For purposes of section 502(c) of the Clean Air Act, a “source,” including a “source” with multiple units, shall be considered a single “facility.”
State means one of the 48 contiguous States or a portion thereof or the District of Columbia that is specified in § 52.34 of this chapter and in which are located units for which the Administrator makes an effective finding under § 52.34 of this chapter.
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery. Compliance with any “submission,” “service,” or “mailing” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Title V operating permit means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.
Title V operating permit regulations means the regulations that the Administrator has approved or issued as meeting the requirements of title V of the Clean Air Act and part 70 or 71 of this chapter.
Ton or tonnage means any “short ton” (i.e., 2,000 pounds). For the purpose of determining compliance with the NO
Unit means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.
Unit operating day means a calendar day in which a unit combusts any fuel.
Unit operating hour or hour of unit operation means any hour (or fraction of an hour) during which a unit combusts any fuel.
§ 97.3 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this part are defined as follows:
§ 97.4 Applicability.
(a) The following units in a State shall be a NO
(1)(i) For units other than cogeneration units –
(A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator –
(1) With a nameplate capacity greater than 25 MWe and
(2) Producing electricity for sale under a firm contract to the electric grid.
(B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator –
(1) With a nameplate capacity greater than 25 MWe and
(2) Producing electricity for sale under a firm contract to the electric grid.
(C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator –
(1) With a nameplate capacity greater than 25 MWe and
(2) Producing electricity for sale.
(ii) For cogeneration units –
(A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1995 or 1996 under the Acid Rain Program.
(B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator with a nameplate capacity grater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1997 or 1998 under the Acid Rain Program.
(C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for any year.
(2)(i) For units other than cogeneration units –
(A) For units commencing operation before January 1, 1997, a unit –
(1) With a maximum design heat input greater than 250 mmBtu/hr and
(2) Not serving during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid.
(B) For units commencing operation in 1997 or 1998, a unit –
(1) With a maximum design heat input greater than 250 mmBtu/hr and
(2) Not serving during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid.
(C) For units commencing on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr:
(1) At no time serving a generator producing electricity for sale; or
(2) At any time serving a generator with a nameplate capacity of 25 MWe or less producing electricity for sale and with the potential to use no more than 50 percent of the potential electrical output capacity of the unit.
(ii) For cogeneration units –
(A) For units commencing operation before January 1, 1997, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for 1995 and 1996.
(B) For units commencing operation in 1997 or 1998, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) under the Acid Rain Program for 1997 and 1998.
(C) For units commencing on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr and qualifying as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for each year.
(b)(1) Notwithstanding paragraph (a) of this section, a unit under paragraph (a)(1) or (a)(2) of this section that has a federally enforceable permit that restricts the unit to combusting only natural gas or fuel oil (as defined in § 75.2 of this chapter) during a control period includes a NO
(2) The exemption under paragraph (b)(1) of this section shall become effective as follows:
(i) The exemption shall become effective on the date on which the NO
(ii) If the NO
(3) The permitting authority that issues a federally enforceable permit under paragraph (b)(1) of this section for a unit under paragraph (a)(1) or (a)(2) of this section will provide the Administrator written notice of the issuance of such permit and, upon request, a copy of the permit.
(4) Special provisions. (i) A unit exempt under paragraph (b)(1) of this section shall comply with the restriction on fuel use and unit operating hours described in paragraph (b)(1) of this section during the control period in each year.
(ii) The Administrator will allocate NO
(A) The owners and operators of the unit must specify a general account, in which the Administrator will record the NO
(B) After the Administrator records a NO
(iii) A unit exempt under this paragraph (b) shall report hours of unit operation during the control period in each year to the permitting authority by November 1 of that year.
(iv) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (b)(1) of this section shall retain, at the source that includes the unit, records demonstrating that the conditions of the federally enforceable permit under paragraph (b)(1) of this section were met, including the restriction on fuel use or unit operating hours. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit met the restriction on fuel use or unit operating hours.
(v) The owners and operators and, to the extent applicable, the NO
(vi) On the earlier of the following dates, a unit exempt under paragraph (b)(1) of this section shall lose its exemption:
(A) The date on which the restriction on fuel use or unit operating hours described in paragraph (b)(1) of this section is removed from the unit’s federally enforceable permit or otherwise becomes no longer applicable to any control period starting in 2004; or
(B) The first date on which the unit fails to comply, or with regard to which the owners and operators fail to meet their burden of proving that the unit is complying, with the restriction on fuel use or unit operating hours described in paragraph (b)(1) of this section during any control period starting in 2004.
(vii) A unit that loses its exemption in accordance with paragraph (b)(4)(vi) of this section shall be subject to the requirements of this part. For the purpose of applying permitting requirements under subpart C of this part, allocating allowances under subpart E of this part, and applying monitoring requirements under subpart H of this part, the unit shall be treated as commencing operation and, if the unit is covered by paragraph (a)(1) of this section, commencing commercial operation on the date the unit loses its exemption.
(viii) A unit that is exempt under paragraph (b)(1) of this section is not eligible to be a NO
§ 97.5 Retired unit exemption.
(a) This section applies to any NO
(b)(1) Any NO
(2) The exemption under paragraph (b)(1) of this section shall become effective the day on which the unit is permanently retired. Within 30 days of permanent retirement, the NO
(3) After receipt of the notice under paragraph (b)(2) of this section, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (b)(1) and (c) of this section.
(c) Special provisions. (1) A unit exempt under this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.
(2) The Administrator will allocate NO
(3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time prior to the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(4) The owners and operators and, to the extent applicable, the NO
(5)(i) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the NO
(ii) A unit exempt under this section and located at a source that is required, or but for this exemption would be required, to have a non-title V permit shall not resume operation unless the NO
(6) On the earlier of the following dates, a unit exempt under paragraph (b) of this section shall lose its exemption:
(i) The date on which the NO
(ii) The date on which the NO
(iii) The date on which the unit resumes operation, if the unit is not required to submit a NO
(7) For the purpose of applying monitoring requirements under subpart H of this part, a unit that loses its exemption under this section shall be treated as a unit that commences operation or commercial operation on the first date on which the unit resumes operation.
(8) A unit that is exempt under this section is not eligible to be a NO
§ 97.6 Standard requirements.
(a) Permit requirements. (1) The NO
(i) Submit to the permitting authority a complete NO
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NO
(2) The owners and operators of each NO
(3) The owners and operators of a NO
(b) Monitoring requirements. (1) The owners and operators and, to the extent applicable, the NO
(2) The emissions measurements recorded and reported in accordance with subpart H of this part shall be used to determine compliance by the unit with the NO
(c) Nitrogen oxides requirements. (1) The owners and operators of each NO
(2) Each ton of nitrogen oxides emitted in excess of the NO
(3) A NO
(4) NO
(5) A NO
(6) A NO
(7) A NO
(8) Upon recordation by the Administrator under subpart F or G of this part, every allocation, transfer, or deduction of a NO
(d) Excess emissions requirements. (1) The owners and operators of a NO
(i) Surrender the NO
(ii) Pay any fine, penalty, or assessment or comply with any other remedy imposed under § 97.54(d)(3).
(e) Recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of the NO
(i) The account certificate of representation under § 97.13 for the NO
(ii) All emissions monitoring information, in accordance with subpart H of this part; provided that to the extent that subpart H 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 NO
(iv) Copies of all documents used to complete a NO
(2) The NO
(f) Liability. (1) Any person who knowingly violates any requirement or prohibition of the NO
(2) Any person who knowingly makes a false material statement in any record, submission, or report under the NO
(3) No permit revision shall excuse any violation of the requirements of the NO
(4) Each NO
(5) Any provision of the NO
(6) Any provision of the NO
(g) Effect on other authorities. No provision of the NO
§ 97.7 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the NO
(b) Unless otherwise stated, any time period scheduled, under the NO
(c) Unless otherwise stated, if the final day of any time period, under the NO
Subpart B – NOX Authorized Account Representative for NOX Budget Sources
(a) Except as provided under § 97.11, each NO
(b) The NO
(c) Upon receipt by the Administrator of a complete account certificate of representation under § 97.13, the NO
(d) No NO
(e) (1) Each submission under the NO
(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a NO
(a) An account certificate of representation may designate one and only one alternate NO
(b) Upon receipt by the Administrator of a complete account certificate of representation under § 97.13, any representation, action, inaction, or submission by the alternate NO
(c) Except in this section and §§ 97.10(a), 97.12, 97.13, and 97.51, whenever the term “NO
(a) Changing NO
(b) Changing alternate NO
(c) Changes in owners and operators. (1) In the event a new owner or operator of a NO
(2) Within 30 days following any change in the owners and operators of a NO
§ 97.13 Account certificate of representation.
(a) A complete account certificate of representation for a NO
(1) Identification of the NO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO
(3) A list of the owners and operators of the NO
(4) The following certification statement by the NO
(5) The signature of the NO
(b) Unless otherwise required by the permitting authority or the Administrator, documents of agreement referred to in the account 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.
(a) Once a complete account certificate of representation under § 97.13 has been submitted and received, the permitting authority and the Administrator will rely on the account certificate of representation unless and until a superseding complete account certificate of representation under § 97.13 is received by the Administrator.
(b) Except as provided in § 97.12 (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 NO
(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 NO
Subpart C – Permits
§ 97.20 General NOX Budget Trading Program permit requirements.
(a) For each NO
(1) For NO
(2) For NO
(b) Each NO
§ 97.21 Submission of NOX Budget permit applications.
(a) Duty to apply. The NO
(b)(1) For NO
(i) For any source, with one or more NO
(ii) For any source, with any NO
(2) For NO
(i) For any source, with one or more NO
(ii) For any source, with any NO
(c) Duty to reapply. (1) For a NO
(2) For a NO
§ 97.22 Information requirements for NOX Budget permit applications.
A complete NO
(a) Identification of the NO
(b) Identification of each NO
(c) The standard requirements under § 97.6; and
(d) For each NO
(1) “I certify that each unit for which this permit application is submitted under subpart I of this part is not a NO
(2) If the application is for an initial NO
§ 97.23 NOX Budget permit contents.
(a) Each NO
(b) Each NO
§ 97.24 NOX Budget permit revisions.
(a) For a NO
(b) For a NO
Subpart D – Compliance Certification
§ 97.30 Compliance certification report.
(a) Applicability and deadline. For each control period in which one or more NO
(b) Contents of report. The NO
(1) Identification of each NO
(2) At the NO
(3) At the NO
(4) The compliance certification under paragraph (c) of this section.
(c) Compliance certification. In the compliance certification report under paragraph (a) of this section, the NO
(1) Whether the unit was operated in compliance with the NO
(2) Whether the monitoring plan that governs the unit has been maintained to reflect the actual operation and monitoring of the unit and contains all information necessary to attribute NO
(3) Whether all the NO
(4) Whether the facts that form the basis for certification under subpart H of this part of each monitor at the unit or a group of units (including the unit) using a common stack, or for using an excepted monitoring method or alternative monitoring method approved under subpart H of this part, if any, have changed; and
(5) If a change is required to be reported under paragraph (c)(4) of this section, specify the nature of the change, the reason for the change, when the change occurred, and how the unit’s compliance status was determined subsequent to the change, including what method was used to determine emissions when a change mandated the need for monitor recertification.
§ 97.31 Administrator’s action on compliance certifications.
(a) The Administrator may review and conduct independent audits concerning any compliance certification or any other submission under the NO
(b) The Administrator may deduct NO
Subpart E – NOX Allowance Allocations
§ 97.40 Trading program budget.
In accordance with §§ 97.41 and 97.42, the Administrator will allocate to the NO
§ 97.41 Timing requirements for NOX allowance allocations.
(a) The NO
(b) By April 1, 2005, the Administrator will determine by order the NO
(c) By April 1, 2010, by April 1 of 2015, and thereafter by April 1 of the year that is 5 years after the last year for which NO
(d) By April 1, 2004 and April 1 of each year thereafter, the Administrator will determine by order the NO
(e) The Administrator will make available to the public each determination of NO
§ 97.42 NOX allowance allocations.
(a)(1) The heat input (in mmBtu) used for calculating NO
(i) For a NO
(A) For a unit under § 97.4(a)(1), the average of the two highest amounts of the unit’s heat input for the control periods in 1995 through 1998; or
(B) For a unit under § 97.4(a)(2), the control period in 1995 or, if the Administrator determines that reasonably reliable data are available for control periods in 1996 through 1998, the average of the two highest amounts of the unit’s heat input for the control periods in 1995 through 1998.
(ii) For a NO
(iii) For a NO
(2) The unit’s heat input for the control period in each year specified under paragraph (a)(1) of this section will be determined in accordance with part 75 of this chapter. Notwithstanding the first sentence of this paragraph (a)(2):
(i) For a NO
(ii) For a NO
(b) For each group of control periods specified in § 97.41(a) through (c), the Administrator will allocate to all NO
(1) The Administrator will allocate NO
(2) If the initial total number of NO
(c) For each group of control periods specified in § 97.41(a) through (c), the Administrator will allocate to all NO
(1) The Administrator will allocate NO
(2) If the initial total number of NO
(d) For each control period specified in § 97.41(d), the Administrator will allocate NO
(1) The Administrator will establish one allocation set-aside for each control period. Each allocation set-aside will be allocated NO
(2) The NO
(3) In a NO
(i) 0.15 lb/mmBtu multiplied by the unit’s maximum design heat input, multiplied by the lesser of 3,672 hours or the number of hours remaining in the control period starting with the day in the control period on which the unit commences operation or is projected to commence operation, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO
(ii) The unit’s most stringent State or Federal NO
(4) In a NO
(i) 0.17 lb/mmBtu multiplied by the unit’s maximum design heat input, multiplied by the lesser of 3,672 hours or the number of hours remaining in the control period starting with the day in the control period on which the unit commences operation or is projected to commence operation, divided by 2,000 lb/ton, and rounded to the nearest whole number of NO
(ii) The unit’s most stringent State or Federal NO
(5) The Administrator will review each NO
(i) Upon receipt of the NO
(ii) The Administrator will determine the following amounts:
(A) The sum of the NO
(B) For units exempt under § 97.4(b) in the State that commenced operation, or are projected to commence operation, on or after May 1, 1997 (for control periods under § 97.41(a)); May 1, 2003, (for control periods under § 97.41(b)); and May 1 of the year 5 years before beginning of the group of 5 years that includes the control period (for control periods under § 97.41(c)), the sum of the NO
(iii) If the number of NO
(iv) If the number of NO
(e)(1) For a NO
(2) The Administrator will transfer any NO
(f) After making the deductions for compliance under § 97.54(b), (e), or (f) for a control period, the Administrator will determine whether any NO
(g) If the Administrator determines that NO
(1)(i) The Administrator will not record such NO
(ii) If the Administrator already recorded such NO
(iii) If the Administrator already recorded such NO
(2) The Administrator will transfer the NO
§ 97.43 Compliance Supplement Pool.
(a) For any NO
(1) Each NO
(2) NO
(3) Each NO
(4) The NO
(i) In the early reduction credit request, the NO
(ii) The early reduction credit request must be submitted, in a format specified by the Administrator, by February 1, 2004.
(b) For any NO
(1) The NO
(2) The early reduction credit request under paragraph (b)(1) must be submitted, in a format specified by the Administrator, by February 1, 2004.
(3) The NO
(c) The Administrator will review each early reduction credit request submitted in accordance with paragraph (a) or (b) of this section and will allocate NO
(1) Upon receipt of each early reduction credit request, the Administrator will make any necessary adjustments to the request to ensure that the amount of the early reduction credits requested meets the requirements of paragraph (a) or (b) of this section.
(2) After February 1, 2004, the Administrator will make available to the public a statement of the total number of early reduction credits requested by NO
(3) If the State’s compliance supplement pool set forth in appendix D to this subpart has a number of NO
(4) If the State’s compliance supplement pool set forth in appendix D to this subpart has a smaller number of NO
(5) By April 1, 2004, the Administrator will determine by order the allocations under paragraph (c)(3) or (4) of this section. The Administrator will make available to the public each determination of NO
(6) By May 1, 2004, the Administrator will record the allocations under paragraph (c)(3) or (4) of this section.
(7) NO
Appendix A to Subpart E of Part 97 – Final Section 126 Rule: EGU Allocations, 2004-2007
| ST | Plant | Plant_id | Point_id | NO |
|---|---|---|---|---|
| DC | BENNING | 603 | 15 | 80 |
| DC | BENNING | 603 | 16 | 117 |
| DE | CHRISTIANA SUB | 591 | 11 | 5 |
| DE | CHRISTIANA SUB | 591 | 14 | 5 |
| DE | DELAWARE CITY | 52193 | B4 | 141 |
| DE | DELAWARE CITY | 52193 | ST_1 | 155 |
| DE | DELAWARE CITY | 52193 | ST_2 | 159 |
| DE | DELAWARE CITY | 52193 | ST_3 | 158 |
| DE | EDGE MOOR | 593 | 3 | 234 |
| DE | EDGE MOOR | 593 | 4 | 401 |
| DE | EDGE MOOR | 593 | 5 | 602 |
| DE | HAY ROAD | 7153 | **3 | 184 |
| DE | HAY ROAD | 7153 | – 1 | 235 |
| DE | HAY ROAD | 7153 | – 2 | 207 |
| DE | INDIAN RIVER | 594 | 1 | 187 |
| DE | INDIAN RIVER | 594 | 2 | 194 |
| DE | INDIAN RIVER | 594 | 3 | 369 |
| DE | INDIAN RIVER | 594 | 4 | 729 |
| DE | MCKEE RUN | 599 | 3 | 119 |
| DE | VAN SANT STATION | 7318 | **11 | 7 |
| IN | ANDERSON | 7336 | – ACT1 | 5 |
| IN | ANDERSON | 7336 | – ACT2 | 5 |
| IN | CLIFTY CREEK | 983 | 1 | 558 |
| IN | CLIFTY CREEK | 983 | 2 | 543 |
| IN | CLIFTY CREEK | 983 | 3 | 564 |
| IN | CLIFTY CREEK | 983 | 4 | 525 |
| IN | CLIFTY CREEK | 983 | 5 | 561 |
| IN | CLIFTY CREEK | 983 | 6 | 509 |
| IN | CONNERSVILLE | 1002 | 1 | 1 |
| IN | CONNERSVILLE | 1002 | 2 | 1 |
| IN | GALLAGHER | 1008 | 1 | 290 |
| IN | GALLAGHER | 1008 | 2 | 276 |
| IN | GALLAGHER | 1008 | 3 | 347 |
| IN | GALLAGHER | 1008 | 4 | 329 |
| IN | NOBLESVILLE | 1007 | 1 | 48 |
| IN | NOBLESVILLE | 1007 | 2 | 45 |
| IN | NOBLESVILLE | 1007 | 3 | 45 |
| IN | RICHMOND | 7335 | – RCT1 | 5 |
| IN | RICHMOND | 7335 | – RCT2 | 5 |
| IN | TANNERS CREEK | 988 | U1 | 297 |
| IN | TANNERS CREEK | 988 | U2 | 235 |
| IN | TANNERS CREEK | 988 | U3 | 387 |
| IN | TANNERS CREEK | 988 | U4 | 906 |
| IN | WHITEWATER VALLEY | 1040 | 1 | 74 |
| IN | WHITEWATER VALLEY | 1040 | 2 | 173 |
| KY | BIG SANDY | 1353 | BSU1 | 565 |
| KY | BIG SANDY | 1353 | BSU2 | 1,741 |
| KY | CANE RUN | 1363 | 4 | 397 |
| KY | CANE RUN | 1363 | 5 | 332 |
| KY | CANE RUN | 1363 | 6 | 430 |
| KY | COOPER | 1384 | 1 | 183 |
| KY | COOPER | 1384 | 2 | 367 |
| KY | DALE | 1385 | 3 | 161 |
| KY | DALE | 1385 | 4 | 158 |
| KY | E W BROWN | 1355 | 1 | 193 |
| KY | E W BROWN | 1355 | 10 | 37 |
| KY | E W BROWN | 1355 | 2 | 317 |
| KY | E W BROWN | 1355 | 3 | 863 |
| KY | E W BROWN | 1355 | 8 | 34 |
| KY | E W BROWN | 1355 | 9 | 34 |
| KY | E.W. BROWN | 1355 | 11 | 21 |
| KY | EAST BEND | 6018 | 2 | 1,413 |
| KY | GHENT | 1356 | 1 | 1,232 |
| KY | GHENT | 1356 | 2 | 1,081 |
| KY | GHENT | 1356 | 3 | 1,104 |
| KY | GHENT | 1356 | 4 | 1,132 |
| KY | H L SPURLOCK | 6041 | 1 | 697 |
| KY | H L SPURLOCK | 6041 | 2 | 1,589 |
| KY | MILL CREEK | 1364 | 1 | 528 |
| KY | MILL CREEK | 1364 | 2 | 600 |
| KY | MILL CREEK | 1364 | 3 | 941 |
| KY | MILL CREEK | 1364 | 4 | 1,096 |
| KY | PADDY’S RUN | 1366 | 12 | 8 |
| KY | PINEVILLE | 1360 | 3 | 67 |
| KY | TRIMBLE COUNTY | 6071 | 1 | 1,221 |
| KY | TYRONE | 1361 | 1 | 3 |
| KY | TYRONE | 1361 | 2 | 3 |
| KY | TYRONE | 1361 | 3 | 3 |
| KY | TYRONE | 1361 | 4 | 3 |
| KY | TYRONE | 1361 | 5 | 117 |
| MD | BRANDON SHORES | 602 | 1 | 1,827 |
| MD | BRANDON SHORES | 602 | 2 | 1,713 |
| MD | C P CRANE | 1552 | 1 | 434 |
| MD | C P CRANE | 1552 | 2 | 463 |
| MD | CHALK POINT | 1571 | – GT2 | 1 |
| MD | CHALK POINT | 1571 | – GT3 | 36 |
| MD | CHALK POINT | 1571 | – GT4 | 39 |
| MD | CHALK POINT | 1571 | – GT5 | 55 |
| MD | CHALK POINT | 1571 | – GT6 | 60 |
| MD | CHALK POINT | 1571 | – SGT1 | 24 |
| MD | CHALK POINT | 1571 | 1 | 833 |
| MD | CHALK POINT | 1571 | 2 | 861 |
| MD | CHALK POINT | 1571 | 3 | 585 |
| MD | CHALK POINT | 1571 | 4 | 522 |
| MD | DICKERSON | 1572 | – GT2 | 36 |
| MD | DICKERSON | 1572 | – GT3 | 66 |
| MD | DICKERSON | 1572 | 1 | 447 |
| MD | DICKERSON | 1572 | 2 | 441 |
| MD | DICKERSON | 1572 | 3 | 481 |
| MD | GOULD STREET | 1553 | 3 | 81 |
| MD | HERBERT A WAGNER | 1554 | 1 | 134 |
| MD | HERBERT A WAGNER | 1554 | 2 | 399 |
| MD | HERBERT A WAGNER | 1554 | 3 | 723 |
| MD | HERBERT A WAGNER | 1554 | 4 | 301 |
| MD | MORGANTOWN | 1573 | – GT3 | 9 |
| MD | MORGANTOWN | 1573 | – GT4 | 9 |
| MD | MORGANTOWN | 1573 | – GT5 | 9 |
| MD | MORGANTOWN | 1573 | – GT6 | 8 |
| MD | MORGANTOWN | 1573 | 1 | 1,151 |
| MD | MORGANTOWN | 1573 | 2 | 1,375 |
| MD | PANDA BRANDYWINE | 54832 | 1 | 95 |
| MD | PANDA BRANDYWINE | 54832 | 2 | 84 |
| MD | PERRYMAN | 1556 | **51 | 56 |
| MD | PERRYMAN | 1556 | – GT1 | 8 |
| MD | PERRYMAN | 1556 | – GT2 | 9 |
| MD | PERRYMAN | 1556 | – GT3 | 6 |
| MD | PERRYMAN | 1556 | – GT4 | 10 |
| MD | R P SMITH | 1570 | 11 | 143 |
| MD | R P SMITH | 1570 | 9 | 11 |
| MD | RIVERSIDE | 1559 | – GT6 | 11 |
| MD | RIVERSIDE | 1559 | 4 | 40 |
| MD | VIENNA | 1564 | 8 | 169 |
| MD | WESTPORT | 1560 | – GT5 | 28 |
| MI | ADA COGEN LTD | 10819 | CA_Ltd | 23 |
| MI | BELLE RIVER | 6034 | 1 | 1,589 |
| MI | BELLE RIVER | 6034 | 2 | 1,672 |
| MI | DAN E KARN | 1702 | 1 | 552 |
| MI | DAN E KARN | 1702 | 2 | 530 |
| MI | DAN E KARN | 1702 | 3 | 288 |
| MI | DAN E KARN | 1702 | 4 | 310 |
| MI | ECKERT STATION | 1831 | 1 | 52 |
| MI | ECKERT STATION | 1831 | 2 | 47 |
| MI | ECKERT STATION | 1831 | 3 | 65 |
| MI | ECKERT STATION | 1831 | 4 | 116 |
| MI | ECKERT STATION | 1831 | 5 | 154 |
| MI | ECKERT STATION | 1831 | 6 | 131 |
| MI | ENDICOTT GENERATING STATION | 4259 | 1 | 98 |
| MI | ERICKSON | 1832 | 1 | 381 |
| MI | GREENWOOD | 6035 | 1 | 373 |
| MI | HANCOCK | 1730 | 5 | 3 |
| MI | HANCOCK | 1730 | 6 | 3 |
| MI | HARBOR BEACH | 1731 | 1 | 97 |
| MI | J C WEADOCK | 1720 | 7 | 346 |
| MI | J C WEADOCK | 1720 | 8 | 342 |
| MI | J R WHITING | 1723 | 1 | 225 |
| MI | J R WHITING | 1723 | 2 | 204 |
| MI | J R WHITING | 1723 | 3 | 249 |
| MI | JAMES DE YOUNG | 1830 | 5 | 69 |
| MI | MARYSVILLE | 1732 | 10 | 22 |
| MI | MARYSVILLE | 1732 | 11 | 16 |
| MI | MARYSVILLE | 1732 | 12 | 17 |
| MI | MARYSVILLE | 1732 | 9 | 17 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 003 | 269 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 004 | 276 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 005 | 271 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 006 | 273 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 007 | 280 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 008 | 277 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 009 | 273 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 010 | 271 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 011 | 274 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 012 | 269 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 013 | 275 |
| MI | MIDLAND COGENERATION VENTURE | 10745 | 014 | 269 |
| MI | MISTERSKY | 1822 | 5 | 33 |
| MI | MISTERSKY | 1822 | 6 | 155 |
| MI | MISTERSKY | 1822 | 7 | 98 |
| MI | MONROE | 1733 | 1 | 1,902 |
| MI | MONROE | 1733 | 2 | 1,555 |
| MI | MONROE | 1733 | 3 | 1,574 |
| MI | MONROE | 1733 | 4 | 1,822 |
| MI | RIVER ROUGE | 1740 | 1 | 0 |
| MI | RIVER ROUGE | 1740 | 2 | 627 |
| MI | RIVER ROUGE | 1740 | 3 | 652 |
| MI | ROUGE POWERHOUSE #1 | 10272 | 1 | 232 |
| MI | ST CLAIR | 1743 | 1 | 339 |
| MI | ST CLAIR | 1743 | 2 | 304 |
| MI | ST CLAIR | 1743 | 3 | 351 |
| MI | ST CLAIR | 1743 | 4 | 349 |
| MI | ST CLAIR | 1743 | 5 | 0 |
| MI | ST CLAIR | 1743 | 6 | 646 |
| MI | ST CLAIR | 1743 | 7 | 733 |
| MI | TRENTON CHANNEL | 1745 | 16 | 132 |
| MI | TRENTON CHANNEL | 1745 | 17 | 124 |
| MI | TRENTON CHANNEL | 1745 | 18 | 130 |
| MI | TRENTON CHANNEL | 1745 | 19 | 126 |
| MI | TRENTON CHANNEL | 1745 | 9A | 968 |
| MI | WYANDOTTE | 1866 | 5 | 8 |
| MI | WYANDOTTE | 1866 | 7 | 81 |
| MI | WYANDOTTE | 1866 | 8 | 36 |
| NC | ASHEVILLE | 2706 | 1 | 491 |
| NC | ASHEVILLE | 2706 | 2 | 479 |
| NC | BELEWS CREEK | 8042 | 1 | 2,306 |
| NC | BELEWS CREEK | 8042 | 2 | 2,688 |
| NC | BUCK | 2720 | 5 | 59 |
| NC | BUCK | 2720 | 6 | 65 |
| NC | BUCK | 2720 | 7 | 69 |
| NC | BUCK | 2720 | 8 | 284 |
| NC | BUCK | 2720 | 9 | 300 |
| NC | BUTLER WARNER GEN PL | 1016 | – 1 | 40 |
| NC | BUTLER WARNER GEN PL | 1016 | – 2 | 40 |
| NC | BUTLER WARNER GEN PL | 1016 | – 3 | 40 |
| NC | BUTLER WARNER GEN PL | 1016 | – 6 | 42 |
| NC | BUTLER WARNER GEN PL | 1016 | – 7 | 40 |
| NC | BUTLER WARNER GEN PL | 1016 | – 8 | 40 |
| NC | BUTLER WARNER GEN PL | 1016 | – 9 | 103 |
| NC | CAPE FEAR | 2708 | 5 | 255 |
| NC | CAPE FEAR | 2708 | 6 | 361 |
| NC | CLIFFSIDE | 2721 | 1 | 67 |
| NC | CLIFFSIDE | 2721 | 2 | 73 |
| NC | CLIFFSIDE | 2721 | 3 | 95 |
| NC | CLIFFSIDE | 2721 | 4 | 107 |
| NC | CLIFFSIDE | 2721 | 5 | 1,180 |
| NC | COGENTRIX-ROCKY MOUNT | 50468 | ST_unt | 303 |
| NC | COGENTRIX ELIZABETHTOWN | 10380 | ST_OWN | 111 |
| NC | COGENTRIX KENANSVILLE | 10381 | ST_LLE | 102 |
| NC | COGENTRIX LUMBERTON | 10382 | ST_TON | 111 |
| NC | COGENTRIX ROXBORO | 10379 | ST_ORO | 166 |
| NC | COGENTRIX SOUTHPORT | 10378 | ST_ORT | 335 |
| NC | DAN RIVER | 2723 | 1 | 117 |
| NC | DAN RIVER | 2723 | 2 | 128 |
| NC | DAN RIVER | 2723 | 3 | 271 |
| NC | G G ALLEN | 2718 | 1 | 311 |
| NC | G G ALLEN | 2718 | 2 | 316 |
| NC | G G ALLEN | 2718 | 3 | 525 |
| NC | G G ALLEN | 2718 | 4 | 470 |
| NC | G G ALLEN | 2718 | 5 | 514 |
| NC | L V SUTTON | 2713 | 1 | 162 |
| NC | L V SUTTON | 2713 | 2 | 176 |
| NC | L V SUTTON | 2713 | 3 | 717 |
| NC | L V SUTTON | 2713 | CT2B | 2 |
| NC | LEE | 2709 | 1 | 129 |
| NC | LEE | 2709 | 2 | 142 |
| NC | LEE | 2709 | 3 | 414 |
| NC | LEE | 2709 | CT4 | 1 |
| NC | LINCOLN | 7277 | 1 | 33 |
| NC | LINCOLN | 7277 | 10 | 31 |
| NC | LINCOLN | 7277 | 11 | 33 |
| NC | LINCOLN | 7277 | 12 | 31 |
| NC | LINCOLN | 7277 | 13 | 26 |
| NC | LINCOLN | 7277 | 14 | 26 |
| NC | LINCOLN | 7277 | 15 | 25 |
| NC | LINCOLN | 7277 | 16 | 25 |
| NC | LINCOLN | 7277 | 2 | 33 |
| NC | LINCOLN | 7277 | 3 | 31 |
| NC | LINCOLN | 7277 | 4 | 31 |
| NC | LINCOLN | 7277 | 5 | 29 |
| NC | LINCOLN | 7277 | 6 | 30 |
| NC | LINCOLN | 7277 | 7 | 24 |
| NC | LINCOLN | 7277 | 8 | 25 |
| NC | LINCOLN | 7277 | 9 | 32 |
| NC | MARSHALL | 2727 | 1 | 899 |
| NC | MARSHALL | 2727 | 2 | 940 |
| NC | MARSHALL | 2727 | 3 | 1,588 |
| NC | MARSHALL | 2727 | 4 | 1,570 |
| NC | MAYO | 6250 | 1A | 893 |
| NC | MAYO | 6250 | 1B | 875 |
| NC | PANDA-ROSEMARY | 50555 | CT_ary | 62 |
| NC | PANDA-ROSEMARY | 50555 | CW_ary | 47 |
| NC | RIVERBEND | 2732 | 10 | 266 |
| NC | RIVERBEND | 2732 | 7 | 193 |
| NC | RIVERBEND | 2732 | 8 | 200 |
| NC | RIVERBEND | 2732 | 9 | 253 |
| NC | ROANOKE VALLEY | 50254 | 1 | 440 |
| NC | ROANOKE VALLEY | 50254 | 2 | 140 |
| NC | ROXBORO | 2712 | 1 | 766 |
| NC | ROXBORO | 2712 | 2 | 1,426 |
| NC | ROXBORO | 2712 | 3A | 792 |
| NC | ROXBORO | 2712 | 3B | 785 |
| NC | ROXBORO | 2712 | 4A | 778 |
| NC | ROXBORO | 2712 | 4B | 733 |
| NC | TOBACCOVILLE | 50221 | 1 | 53 |
| NC | TOBACCOVILLE | 50221 | 2 | 53 |
| NC | TOBACCOVILLE | 50221 | 3 | 53 |
| NC | TOBACCOVILLE | 50221 | 4 | 53 |
| NC | UNC – CHAPEL HILL | 54276 | ST_ill | 14 |
| NC | W H WEATHERSPOON | 2716 | 1 | 76 |
| NC | W H WEATHERSPOON | 2716 | 2 | 86 |
| NC | W H WEATHERSPOON | 2716 | 3 | 161 |
| NC | W H WEATHERSPOON | 2716 | CT-1 | 4 |
| NC | W H WEATHERSPOON | 2716 | CT-2 | 3 |
| NC | W H WEATHERSPOON | 2716 | CT-3 | 2 |
| NC | W H WEATHERSPOON | 2716 | CT-4 | 4 |
| NJ | B L ENGLAND | 2378 | 1 | 353 |
| NJ | B L ENGLAND | 2378 | 2 | 417 |
| NJ | B L ENGLAND | 2378 | 3 | 114 |
| NJ | BAYONNE | 50497 | 1 | 139 |
| NJ | BAYONNE | 50497 | 2 | 143 |
| NJ | BAYONNE | 50497 | 3 | 140 |
| NJ | BERGEN | 2398 | 1101 | 152 |
| NJ | BERGEN | 2398 | 1201 | 157 |
| NJ | BERGEN | 2398 | 1301 | 155 |
| NJ | BERGEN | 2398 | 1401 | 152 |
| NJ | BURLINGTON | 2399 | 101 | 30 |
| NJ | BURLINGTON | 2399 | 102 | 34 |
| NJ | BURLINGTON | 2399 | 103 | 39 |
| NJ | BURLINGTON | 2399 | 104 | 47 |
| NJ | BURLINGTON | 2399 | 11-1 | 2 |
| NJ | BURLINGTON | 2399 | 11-2 | 2 |
| NJ | BURLINGTON | 2399 | 11-3 | 2 |
| NJ | BURLINGTON | 2399 | 11-4 | 2 |
| NJ | BURLINGTON | 2399 | 7 | 17 |
| NJ | BURLINGTON | 2399 | 9-1 | 4 |
| NJ | BURLINGTON | 2399 | 9-2 | 4 |
| NJ | BURLINGTON | 2399 | 9-3 | 4 |
| NJ | BURLINGTON | 2399 | 9-4 | 4 |
| NJ | CAMDEN | 10751 | 1 | 378 |
| NJ | CARLL’S CORNER STATION | 2379 | 1 | 2 |
| NJ | CARLL’S CORNER STATION | 2379 | 2 | 16 |
| NJ | CARNEYS POINT (CCLP) NUG | 10566 | ST_NUG | 527 |
| NJ | CEDAR STATION | 2380 | 1E&W | 5 |
| NJ | CUMBERLAND | 5083 | – GT1 | 40 |
| NJ | DEEPWATER | 2384 | 1 | 49 |
| NJ | DEEPWATER | 2384 | 4 | 5 |
| NJ | DEEPWATER | 2384 | 6 | 42 |
| NJ | DEEPWATER | 2384 | 8 | 195 |
| NJ | EDISON | 2400 | 1-1A&B | 3 |
| NJ | EDISON | 2400 | 1-2A&B | 3 |
| NJ | EDISON | 2400 | 1-3A&B | 3 |
| NJ | EDISON | 2400 | 1-4A&B | 3 |
| NJ | EDISON | 2400 | 2-1A&B | 7 |
| NJ | EDISON | 2400 | 2-2A&B | 7 |
| NJ | EDISON | 2400 | 2-3A&B | 7 |
| NJ | EDISON | 2400 | 2-4A&B | 7 |
| NJ | EDISON | 2400 | 3-1A&B | 7 |
| NJ | EDISON | 2400 | 3-2A&B | 7 |
| NJ | EDISON | 2400 | 3-3A&B | 7 |
| NJ | EDISON | 2400 | 3-4A&B | 7 |
| NJ | ESSEX | 2401 | 10-1A&B | 10 |
| NJ | ESSEX | 2401 | 10-2A&B | 10 |
| NJ | ESSEX | 2401 | 10-3A&B | 10 |
| NJ | ESSEX | 2401 | 10-4A&B | 10 |
| NJ | ESSEX | 2401 | 11-1A&B | 11 |
| NJ | ESSEX | 2401 | 11-2A&B | 11 |
| NJ | ESSEX | 2401 | 11-3A&B | 11 |
| NJ | ESSEX | 2401 | 11-4A&B | 11 |
| NJ | ESSEX | 2401 | 12-1A&B | 13 |
| NJ | ESSEX | 2401 | 12-2A&B | 13 |
| NJ | ESSEX | 2401 | 12-3A&B | 13 |
| NJ | ESSEX | 2401 | 12-4A&B | 13 |
| NJ | ESSEX | 2401 | 9 | 66 |
| NJ | FORKED RIVER | 7138 | – 1 | 17 |
| NJ | FORKED RIVER | 7138 | – 2 | 17 |
| NJ | GILBERT | 2393 | 03 | 47 |
| NJ | GILBERT | 2393 | 04 | 64 |
| NJ | GILBERT | 2393 | 05 | 63 |
| NJ | GILBERT | 2393 | 06 | 61 |
| NJ | GILBERT | 2393 | 07 | 63 |
| NJ | GILBERT | 2393 | 1 | 4 |
| NJ | GILBERT | 2393 | 2 | 4 |
| NJ | GILBERT | 2393 | CT-9 | 61 |
| NJ | HUDSON | 2403 | 1 | 175 |
| NJ | HUDSON | 2403 | 2 | 884 |
| NJ | HUDSON | 2403 | 3 | 3 |
| NJ | KEARNY | 2404 | 10 | 26 |
| NJ | KEARNY | 2404 | 11 | 34 |
| NJ | KEARNY | 2404 | 12-1 | 8 |
| NJ | KEARNY | 2404 | 12-2 | 8 |
| NJ | KEARNY | 2404 | 12-3 | 8 |
| NJ | KEARNY | 2404 | 12-4 | 8 |
| NJ | KEARNY | 2404 | 7 | 35 |
| NJ | KEARNY | 2404 | 8 | 16 |
| NJ | LINDEN | 2406 | 11 | 16 |
| NJ | LINDEN | 2406 | 12 | 11 |
| NJ | LINDEN | 2406 | 13 | 20 |
| NJ | LINDEN | 2406 | 2 | 52 |
| NJ | LINDEN | 2406 | 6 | 2 |
| NJ | LINDEN | 2406 | 7 | 60 |
| NJ | LINDEN | 2406 | 8 | 70 |
| NJ | LINDEN COGEN | 50006 | 100 | 276 |
| NJ | LINDEN COGEN | 50006 | 200 | 280 |
| NJ | LINDEN COGEN | 50006 | 300 | 274 |
| NJ | LINDEN COGEN | 50006 | 400 | 272 |
| NJ | LINDEN COGEN | 50006 | 500 | 278 |
| NJ | LOGAN GENERATING PLANT | 10043 | 1 | 424 |
| NJ | MERCER | 2408 | 1 | 489 |
| NJ | MERCER | 2408 | 2 | 558 |
| NJ | MICKELTON | 8008 | 1 | 28 |
| NJ | MIDDLE ST | 2382 | 3 | 4 |
| NJ | MILFORD POWER LP | 10616 | 1 | 44 |
| NJ | MOBIL NUG | n114 | CT_NUG | 40 |
| NJ | NEWARK BAY COGEN | 50385 | 1 | 9 |
| NJ | NEWARK BAY COGEN | 50385 | 2 | 9 |
| NJ | NORTH JERSEY ENERGY ASSOCIATES | 10308 | 1 | 19 |
| NJ | NORTH JERSEY ENERGY ASSOCIATES | 10308 | 2 | 19 |
| NJ | O’BRIEN (NEWARK) COGENERATION, INC. | 50797 | 1 | 8 |
| NJ | O’BRIEN (PARLIN) COGENERATION, INC. | 50799 | 1 | 8 |
| NJ | O’BRIEN (PARLIN) COGENERATION, INC. | 50799 | 2 | 8 |
| NJ | PEDRICKTOWN COGEN | 10099 | 1 | 13 |
| NJ | PRIME ENERGY LP | 50852 | 1 | 178 |
| NJ | SALEM | 2410 | 3A&B | 3 |
| NJ | SAYREVILLE | 2390 | 07 | 40 |
| NJ | SAYREVILLE | 2390 | 08 | 51 |
| NJ | SAYREVILLE | 2390 | C-1 | 16 |
| NJ | SAYREVILLE | 2390 | C-2 | 13 |
| NJ | SAYREVILLE | 2390 | C-3 | 11 |
| NJ | SAYREVILLE | 2390 | C-4 | 13 |
| NJ | SEWAREN | 2411 | 1 | 42 |
| NJ | SEWAREN | 2411 | 2 | 45 |
| NJ | SEWAREN | 2411 | 3 | 58 |
| NJ | SEWAREN | 2411 | 4 | 91 |
| NJ | SEWAREN | 2411 | 6 | 2 |
| NJ | SHERMAN | 7288 | CT-1 | 37 |
| NJ | VINELAND VCLP NUG | 54807 | GT_NUG | 40 |
| NJ | WERNER | 2385 | 04 | 14 |
| NJ | WERNER | 2385 | C-1 | 7 |
| NJ | WERNER | 2385 | C-2 | 6 |
| NJ | WERNER | 2385 | C-3 | 7 |
| NJ | WERNER | 2385 | C-4 | 7 |
| NJ | WEST STAT | 6776 | 1 | 10 |
| NY | 59TH STREET | 2503 | 114 | 41 |
| NY | 59TH STREET | 2503 | 115 | 32 |
| NY | 74TH STREET | 2504 | 120 | 70 |
| NY | 74TH STREET | 2504 | 121 | 80 |
| NY | 74TH STREET | 2504 | 122 | 65 |
| NY | ARTHUR KILL | 2490 | 20 | 524 |
| NY | ARTHUR KILL | 2490 | 30 | 380 |
| NY | ASTORIA | 8906 | 30 | 557 |
| NY | ASTORIA | 8906 | 40 | 505 |
| NY | ASTORIA | 8906 | 50 | 561 |
| NY | ASTORIA | 8906 | GT2-1 | 9 |
| NY | ASTORIA | 8906 | GT2-2 | 9 |
| NY | ASTORIA | 8906 | GT2-3 | 9 |
| NY | ASTORIA | 8906 | GT2-4 | 9 |
| NY | ASTORIA | 8906 | GT3-1 | 9 |
| NY | ASTORIA | 8906 | GT3-2 | 9 |
| NY | ASTORIA | 8906 | GT3-3 | 9 |
| NY | ASTORIA | 8906 | GT3-4 | 9 |
| NY | ASTORIA | 8906 | GT4-1 | 9 |
| NY | ASTORIA | 8906 | GT4-2 | 9 |
| NY | ASTORIA | 8906 | GT4-3 | 9 |
| NY | ASTORIA | 8906 | GT4-4 | 9 |
| NY | BOWLINE POINT | 2625 | 1 | 749 |
| NY | BOWLINE POINT | 2625 | 2 | 566 |
| NY | BROOKLYN NAVY YARD | 54914 | 1 | 239 |
| NY | BROOKLYN NAVY YARD | 54914 | 2 | 220 |
| NY | CHARLES POLETTI | 2491 | 001 | 883 |
| NY | DANSKAMMER | 2480 | 1 | 34 |
| NY | DANSKAMMER | 2480 | 2 | 45 |
| NY | DANSKAMMER | 2480 | 3 | 229 |
| NY | DANSKAMMER | 2480 | 4 | 449 |
| NY | EF BARRETT | 2511 | 10 | 285 |
| NY | EF BARRETT | 2511 | 20 | 287 |
| NY | EAST RIVER | 2493 | 50 | 33 |
| NY | EAST RIVER | 2493 | 60 | 319 |
| NY | EAST RIVER | 2493 | 70 | 113 |
| NY | FAR ROCKAWAY | 2513 | 40 | 138 |
| NY | GLENWOOD | 2514 | 40 | 151 |
| NY | GLENWOOD | 2514 | 50 | 124 |
| NY | GLENWOOD | 2514 | U00020 | 1 |
| NY | GLENWOOD | 2514 | U00021 | 1 |
| NY | HUDSON AVENUE | 2496 | 100 | 162 |
| NY | LOVETT | 2629 | 3 | 74 |
| NY | LOVETT | 2629 | 4 | 304 |
| NY | LOVETT | 2629 | 5 | 380 |
| NY | NISSEQUOGUE COGEN PARTNERS | 4931 | 1 | 86 |
| NY | NORTHPORT | 2516 | 1 | 343 |
| NY | NORTHPORT | 2516 | 2 | 533 |
| NY | NORTHPORT | 2516 | 3 | 375 |
| NY | NORTHPORT | 2516 | 4 | 582 |
| NY | O&R HILLBURN GT | 2628 | 1 | 2 |
| NY | O&R SHOEMAKER GT | 2632 | 1 | 10 |
| NY | PORT JEFFERSON | 2517 | 3 | 270 |
| NY | PORT JEFFERSON | 2517 | 4 | 253 |
| NY | RAVENSWOOD | 2500 | 10 | 299 |
| NY | RAVENSWOOD | 2500 | 20 | 363 |
| NY | RAVENSWOOD | 2500 | 30 | 1,360 |
| NY | RAVENSWOOD | 2500 | GT2-1 | 3 |
| NY | RAVENSWOOD | 2500 | GT2-2 | 3 |
| NY | RAVENSWOOD | 2500 | GT2-3 | 3 |
| NY | RAVENSWOOD | 2500 | GT2-4 | 3 |
| NY | RAVENSWOOD | 2500 | GT3-1 | 3 |
| NY | RAVENSWOOD | 2500 | GT3-2 | 3 |
| NY | RAVENSWOOD | 2500 | GT3-3 | 3 |
| NY | RAVENSWOOD | 2500 | GT3-4 | 3 |
| NY | RICHARD M FLYNN | 7314 | NA1 | 246 |
| NY | RICHARD M FLYNN | 7314 | NA2 | 25 |
| NY | ROSETON | 8006 | 1 | 479 |
| NY | ROSETON | 8006 | 2 | 595 |
| NY | TRIGEN-NDEC | 52056 | 4 | 105 |
| NY | WADING RIVER | 7146 | 1 | 8 |
| NY | WADING RIVER | 7146 | 2 | 8 |
| NY | WADING RIVER | 7146 | 3 | 8 |
| NY | WADING RIVER | 7146 | UGT013 | 1 |
| NY | WATERSIDE | 2502 | 61 | 84 |
| NY | WATERSIDE | 2502 | 62 | 91 |
| NY | WATERSIDE | 2502 | 80 | 208 |
| NY | WATERSIDE | 2502 | 90 | 208 |
| NY | WEST BABYLON | 2521 | 1 | 2 |
| OH | ASHTABULA | 2835 | 10 | 75 |
| OH | ASHTABULA | 2835 | 11 | 80 |
| OH | ASHTABULA | 2835 | 7 | 333 |
| OH | ASHTABULA | 2835 | 8 | 70 |
| OH | ASHTABULA | 2835 | 9 | 66 |
| OH | AVON LAKE | 2836 | 10 | 139 |
| OH | AVON LAKE | 2836 | 12 | 1,040 |
| OH | AVON LAKE | 2836 | 9 | 41 |
| OH | AVON LAKE | 2836 | CT10 | 3 |
| OH | BAY SHORE | 2878 | 1 | 208 |
| OH | BAY SHORE | 2878 | 2 | 229 |
| OH | BAY SHORE | 2878 | 3 | 213 |
| OH | BAY SHORE | 2878 | 4 | 330 |
| OH | CARDINAL | 2828 | 1 | 1,030 |
| OH | CARDINAL | 2828 | 2 | 1,083 |
| OH | CARDINAL | 2828 | 3 | 1,079 |
| OH | CONESVILLE | 2840 | 1 | 214 |
| OH | CONESVILLE | 2840 | 2 | 203 |
| OH | CONESVILLE | 2840 | 3 | 212 |
| OH | CONESVILLE | 2840 | 4 | 1,119 |
| OH | CONESVILLE | 2840 | 5 | 731 |
| OH | CONESVILLE | 2840 | 6 | 736 |
| OH | DICKS CREEK | 2831 | 1 | 7 |
| OH | EASTLAKE | 2837 | 1 | 214 |
| OH | EASTLAKE | 2837 | 2 | 230 |
| OH | EASTLAKE | 2837 | 3 | 251 |
| OH | EASTLAKE | 2837 | 4 | 371 |
| OH | EASTLAKE | 2837 | 5 | 974 |
| OH | EASTLAKE | 2837 | 6 | 1 |
| OH | EDGEWATER | 2857 | 13 | 65 |
| OH | EDGEWATER | 2857 | A | 1 |
| OH | EDGEWATER | 2857 | B | 1 |
| OH | FRANK M TAIT | 2847 | GT1 | 23 |
| OH | FRANK M TAIT | 2847 | GT2 | 25 |
| OH | GEN J M GAVIN | 8102 | 1 | 2,744 |
| OH | GEN J M GAVIN | 8102 | 2 | 2,981 |
| OH | HAMILTON | 2917 | 9 | 110 |
| OH | J M STUART | 2850 | 1 | 1,054 |
| OH | J M STUART | 2850 | 2 | 1,228 |
| OH | J M STUART | 2850 | 3 | 1,074 |
| OH | J M STUART | 2850 | 4 | 1,106 |
| OH | KILLEN STATION | 6031 | 2 | 1,706 |
| OH | KYGER CREEK | 2876 | 1 | 471 |
| OH | KYGER CREEK | 2876 | 2 | 471 |
| OH | KYGER CREEK | 2876 | 3 | 478 |
| OH | KYGER CREEK | 2876 | 4 | 465 |
| OH | KYGER CREEK | 2876 | 5 | 455 |
| OH | LAKE SHORE | 2838 | 18 | 195 |
| OH | MAD RIVER | 2860 | A | 2 |
| OH | MAD RIVER | 2860 | B | 2 |
| OH | MIAMI FORT | 2832 | 5-1 | 35 |
| OH | MIAMI FORT | 2832 | 5-2 | 35 |
| OH | MIAMI FORT | 2832 | 6 | 398 |
| OH | MIAMI FORT | 2832 | 7 | 1,044 |
| OH | MIAMI FORT | 2832 | 8 | 1,015 |
| OH | MIAMI FORT | 2832 | CT2 | 1 |
| OH | MUSKINGUM RIVER | 2872 | 1 | 309 |
| OH | MUSKINGUM RIVER | 2872 | 2 | 316 |
| OH | MUSKINGUM RIVER | 2872 | 3 | 347 |
| OH | MUSKINGUM RIVER | 2872 | 4 | 349 |
| OH | MUSKINGUM RIVER | 2872 | 5 | 1,105 |
| OH | NILES | 2861 | 1 | 212 |
| OH | NILES | 2861 | 2 | 160 |
| OH | NILES | 2861 | A | 2 |
| OH | O H HUTCHINGS | 2848 | H-1 | 24 |
| OH | O H HUTCHING | 2848 | H-2 | 37 |
| OH | O H HUTCHINGS | 2848 | H-3 | 64 |
| OH | O H HUTCHINGS | 2848 | H-4 | 68 |
| OH | O H HUTCHINGS | 2848 | H-5 | 62 |
| OH | O H HUTCHINGS | 2848 | H-6 | 69 |
| OH | O H HUTCHINGS | 2848 | H-7 | 1 |
| OH | PICWAY | 2843 | 9 | 141 |
| OH | R E BURGER | 2864 | 1 | 0 |
| OH | R E BURGER | 2864 | 2 | 0 |
| OH | R E BURGER | 2864 | 3 | 0 |
| OH | R E BURGER | 2864 | 4 | 0 |
| OH | R E BURGER | 2864 | 5 | 14 |
| OH | R E BURGER | 2864 | 6 | 13 |
| OH | R E BURGER | 2864 | 7 | 337 |
| OH | R E BURGER | 2864 | 8 | 274 |
| OH | RICHARD GORSUCH | 7286 | 1 | 146 |
| OH | RICHARD GORSUCH | 7286 | 2 | 138 |
| OH | RICHARD GORSUCH | 7286 | 3 | 144 |
| OH | RICHARD GORSUCH | 7286 | 4 | 146 |
| OH | W H SAMMIS | 2866 | 1 | 402 |
| OH | W H SAMMIS | 2866 | 2 | 418 |
| OH | W H SAMMIS | 2866 | 3 | 400 |
| OH | W H SAMMIS | 2866 | 4 | 415 |
| OH | W H SAMMIS | 2866 | 5 | 631 |
| OH | W H SAMMIS | 2866 | 6 | 1,221 |
| OH | W H SAMMIS | 2866 | 7 | 1,259 |
| OH | W H ZIMMER | 6019 | 1 | 2,918 |
| OH | WALTER C BECKJORD | 2830 | 1 | 167 |
| OH | WALTER C BECKJORD | 2830 | 2 | 198 |
| OH | WALTER C BECKJORD | 2830 | 3 | 281 |
| OH | WALTER C BECKJORD | 2830 | 4 | 347 |
| OH | WALTER C BECKJORD | 2830 | 5 | 481 |
| OH | WALTER C BECKJORD | 2830 | 6 | 850 |
| OH | WALTER C BECKJORD | 2830 | CT1 | 3 |
| OH | WALTER C BECKJORD | 2830 | CT2 | 3 |
| OH | WALTER C BECKJORD | 2830 | CT3 | 4 |
| OH | WALTER C BECKJORD | 2830 | CT4 | 2 |
| OH | WEST LORAIN | 2869 | 1A | 0 |
| OH | WEST LORAIN | 2869 | 1B | 0 |
| OH | WOODSDALE | 7158 | – GT1 | 30 |
| OH | WOODSDALE | 7158 | – GT2 | 30 |
| OH | WOODSDALE | 7158 | – GT3 | 39 |
| OH | WOODSDALE | 7158 | – GT4 | 37 |
| OH | WOODSDALE | 7158 | – GT5 | 40 |
| OH | WOODSDALE | 7158 | – GT6 | 39 |
| PA | AES BEAVER VALLEY | 10676 | 032 | 144 |
| PA | AES BEAVER VALLEY | 10676 | 033 | 131 |
| PA | AES BEAVER VALLEY | 10676 | 034 | 133 |
| PA | AES BEAVER VALLEY | 10676 | 035 | 67 |
| PA | ARMSTRONG | 3178 | 1 | 363 |
| PA | ARMSTRONG | 3178 | 2 | 383 |
| PA | BRUCE MANSFIELD | 6094 | 1 | 1,657 |
| PA | BRUCE MANSFIELD | 6094 | 2 | 1,672 |
| PA | BRUCE MANSFIELD | 6094 | 3 | 1,636 |
| PA | BRUNNER ISLAND | 3140 | 1 | 568 |
| PA | BRUNNER ISLAND | 3140 | 2 | 718 |
| PA | BRUNNER ISLAND | 3140 | 3 | 1,539 |
| PA | BRUNOT ISLAND | 3096 | 2A | 0 |
| PA | BRUNOT ISLAND | 3096 | 2B | 0 |
| PA | BRUNOT ISLAND | 3096 | 3 | 0 |
| PA | CAMBRIA COGEN | 10641 | 1 | 155 |
| PA | CAMBRIA COGEN | 10641 | 2 | 161 |
| PA | CHESWICK | 8226 | 1 | 1,119 |
| PA | COLVER POWER PROJECT | 10143 | 1 | 291 |
| PA | CONEMAUGH | 3118 | 1 | 2,167 |
| PA | CONEMAUGH | 3118 | 2 | 1,995 |
| PA | CROMBY | 3159 | 1 | 377 |
| PA | CROMBY | 3159 | 2 | 201 |
| PA | DELAWARE | 3160 | 71 | 61 |
| PA | DELAWARE | 3160 | 81 | 56 |
| PA | EBENSBURG POWER | 10603 | 1 | 191 |
| PA | EDDYSTONE | 3161 | 1 | 565 |
| PA | EDDYSTONE | 3161 | 2 | 636 |
| PA | EDDYSTONE | 3161 | 3 | 207 |
| PA | EDDYSTONE | 3161 | 4 | 237 |
| PA | ELRAMA | 3098 | 1 | 214 |
| PA | ELRAMA | 3098 | 2 | 209 |
| PA | ELRAMA | 3098 | 3 | 208 |
| PA | ELRAMA | 3098 | 4 | 428 |
| PA | FOSTER WHEELER MT. CARMEL | 10343 | AB_NUG | 152 |
| PA | GILBERTON POWER NUG | 010113 | AB_NUG | 273 |
| PA | GPU GENCO WAYNE | 3134 | 1 | 8 |
| PA | HATFIELD’S FERRY | 3179 | 1 | 1,155 |
| PA | HATFIELD’S FERRY | 3179 | 2 | 1,029 |
| PA | HATFIELD’S FERRY | 3179 | 3 | 1,087 |
| PA | HOLTWOOD | 3145 | 17 | 246 |
| PA | HOMER CITY | 3122 | 1 | 1,471 |
| PA | HOMER CITY | 3122 | 2 | 1,553 |
| PA | HOMER CITY | 3122 | 3 | 1,437 |
| PA | HUNLOCK PWR STATION | 3176 | 6 | 131 |
| PA | KEYSTONE | 3136 | 1 | 2,154 |
| PA | KEYSTONE | 3136 | 2 | 2,133 |
| PA | KIMBERLY-CLARK | 3157 | 10 | 211 |
| PA | MARTINS CREEK | 3148 | 1 | 314 |
| PA | MARTINS CREEK | 3148 | 2 | 293 |
| PA | MARTINS CREEK | 3148 | 3 | 543 |
| PA | MARTINS CREEK | 3148 | 4 | 500 |
| PA | MITCHELL | 3181 | 1 | 10 |
| PA | MITCHELL | 3181 | 2 | 6 |
| PA | MITCHELL | 3181 | 3 | 9 |
| PA | MITCHELL | 3181 | 33 | 556 |
| PA | MONTOUR | 3149 | 1 | 1,560 |
| PA | MONTOUR | 3149 | 2 | 1,673 |
| PA | MOUNTAIN | 3111 | 1 | 5 |
| PA | MOUNTAIN | 3111 | 2 | 5 |
| PA | NEW CASTLE | 3138 | 3 | 190 |
| PA | NEW CASTLE | 3138 | 4 | 195 |
| PA | NEW CASTLE | 3138 | 5 | 245 |
| PA | NORCON POWER PARTNERS LP | 54571 | 1 | 103 |
| PA | NORCON POWER PARTNERS LP | 54571 | 2 | 109 |
| PA | NORTHAMPTION GENERATING | 50888 | 1 | 291 |
| PA | NORTHEASTERN POWER | 50039 | 188 | |
| PA | PANTHER CREEK | 50776 | 1 | 134 |
| PA | PANTHER CREEK | 50776 | 2 | 130 |
| PA | PECO ENERGY CROYDEN | 8012 | 11 | 11 |
| PA | PECO ENERGY CROYDEN | 8012 | 12 | 9 |
| PA | PECO ENERGY CROYDEN | 8012 | 21 | 5 |
| PA | PECO ENERGY CROYDEN | 8012 | 22 | 11 |
| PA | PECO ENERGY CROYDEN | 8012 | 31 | 13 |
| PA | PECO ENERGY CROYDEN | 8012 | 32 | 6 |
| PA | PECO ENERGY CROYDEN | 8012 | 41 | 11 |
| PA | PECO ENERGY CROYDEN | 8012 | 42 | 9 |
| PA | PECO ENERGY RICHMOND | 3168 | 91 | 10 |
| PA | PECO ENERGY RICHMOND | 3168 | 92 | 9 |
| PA | PHILLIPS POWER STATION | 3099 | 3 | 0 |
| PA | PHILLIPS POWER STATION | 3099 | 4 | 0 |
| PA | PHILLIPS POWER STATION | 3099 | 5 | 0 |
| PA | PHILLIPS POWER STATION | 3099 | 6 | 0 |
| PA | PINEY CREEK | 54144 | 1 | 102 |
| PA | PORTLAND | 3113 | – 5 | 48 |
| PA | PORTLAND | 3113 | 1 | 266 |
| PA | PORTLAND | 3113 | 2 | 412 |
| PA | SCHUYLKILL | 3169 | 1 | 84 |
| PA | SCHUYLKILL ENERGY RESOURCES | 880010 | 1 | 289 |
| PA | SCHUYLKILL STATION (TURBI | 50607 | AB_NUG | 701 |
| PA | SCRUBGRASS GENERATING PLANT | 50974 | 1 | 124 |
| PA | SCRUBGRASS GENERATING PLANT | 50974 | 2 | 123 |
| PA | SEWARD | 3130 | 12 | 64 |
| PA | SEWARD | 3130 | 14 | 72 |
| PA | SEWARD | 3130 | 15 | 355 |
| PA | SHAWVILLE | 3131 | 1 | 295 |
| PA | SHAWVILLE | 3131 | 2 | 294 |
| PA | SHAWVILLE | 3131 | 3 | 380 |
| PA | SHAWVILLE | 3131 | 4 | 392 |
| PA | SUNBURY | 3152 | 1A | 134 |
| PA | SUNBURY | 3152 | 1B | 122 |
| PA | SUNBURY | 3152 | 2A | 130 |
| PA | SUNBURY | 3152 | 2B | 134 |
| PA | SUNBURY | 3152 | 3 | 263 |
| PA | SUNBURY | 3152 | 4 | 302 |
| PA | TITUS | 3115 | 1 | 161 |
| PA | TITUS | 3115 | 2 | 152 |
| PA | TITUS | 3115 | 3 | 151 |
| PA | TOLNA | 3116 | 1 | 3 |
| PA | TOLNA | 3116 | 2 | 4 |
| PA | TRIGEN ENERGY SANSOM | 880006 | 1 | 12 |
| PA | TRIGEN ENERGY SANSOM | 880006 | 2 | 10 |
| PA | TRIGEN ENERGY SANSOM | 880006 | 3 | 5 |
| PA | TRIGEN ENERGY SANSOM | 880006 | 4 | 6 |
| PA | WARREN | 3132 | 1 | 47 |
| PA | WARREN | 3132 | 2 | 32 |
| PA | WARREN | 3132 | 3 | 40 |
| PA | WARREN | 3132 | 4 | 42 |
| PA | WARREN | 3132 | CT1 | 14 |
| PA | WESTWOOD ENERGY PROPERTIE | 50611 | 031 | 98 |
| PA | WHEELABRATOR FRACKVILLE E | 50879 | GEN1 | 161 |
| PA | WILLIAMS GEN – HAZELTON | 10870 | HRSG | 16 |
| PA | WILLIAMS GEN – HAZELTON | 10870 | TURBN | 141 |
| VA | BELLMEADE | 7696 | 1 | 76 |
| VA | BELLMEADE | 7696 | 2 | 88 |
| VA | BREMO BLUFF | 3796 | 3 | 137 |
| VA | BREMO BLUFF | 3796 | 4 | 386 |
| VA | CHESAPEAKE | 3803 | 1 | 298 |
| VA | CHESAPEAKE | 3803 | 2 | 308 |
| VA | CHESAPEAKE | 3803 | 3 | 370 |
| VA | CHESAPEAKE | 3803 | 4 | 571 |
| VA | CHESAPEAKE CORP. | 10017 | ST_rp. | 59 |
| VA | CHESTERFIELD | 3797 | – 8 | 263 |
| VA | CHESTERFIELD | 3797 | 3 | 232 |
| VA | CHESTERFIELD | 3797 | 4 | 389 |
| VA | CHESTERFIELD | 3797 | 5 | 769 |
| VA | CHESTERFIELD | 3797 | 6 | 1,348 |
| VA | CHESTERFIELD | 3797 | 7 | 316 |
| VA | CLINCH RIVER | 3775 | 1 | 548 |
| VA | CLINCH RIVER | 3775 | 2 | 520 |
| VA | CLINCH RIVER | 3775 | 3 | 575 |
| VA | CLOVER | 7213 | 1 | 1,033 |
| VA | CLOVER | 7213 | 2 | 1,118 |
| VA | COGENTRIX – HOPEWELL | 10377 | ST_ell | 327 |
| VA | COGENTRIX – PORTSMOUTH | 10071 | ST_uth | 356 |
| VA | COGENTRIX RICHMOND 1 | 54081 | ST_d 1 | 299 |
| VA | COGENTRIX RICHMOND 2 | 54081 | ST_d 2 | 209 |
| VA | COMMONWEALTH ATLANTIC LP | 52087 | GT_LP | 35 |
| VA | DARBYTOWN | 7212 | – 1 | 29 |
| VA | DARBYTOWN | 7212 | – 2 | 28 |
| VA | DARBYTOWN | 7212 | – 3 | 30 |
| VA | DARBYTOWN | 7212 | – 4 | 29 |
| VA | DOSWELL #1 | 52019 | CA_#1 | 46 |
| VA | DOSWELL #1 | 52019 | CT_#1 | 94 |
| VA | DOSWELL #2 | 52019 | CA_#2 | 46 |
| VA | DOSWELL #2 | 52019 | CT_#2 | 94 |
| VA | GLEN LYN | 3776 | 51 | 101 |
| VA | GLEN LYN | 3776 | 52 | 110 |
| VA | GLEN LYN | 3776 | 6 | 487 |
| VA | GORDONSVILLE 1 | 54844 | CA_e 1 | 16 |
| VA | GORDONSVILLE 1 | 54844 | CT_e 1 | 33 |
| VA | GORDONSVILLE 2 | 54844 | CA_Xe 2 | 17 |
| VA | GORDONSVILLE 2 | 54844 | CT_e 2 | 34 |
| VA | GRAVEL NECK | 7032 | – 3 | 21 |
| VA | GRAVEL NECK | 7032 | – X4 | 24 |
| VA | GRAVEL NECK | 7032 | – 5 | 14 |
| VA | GRAVEL NECK | 7032 | – 6 | 18 |
| VA | HOPEWELL COGEN, INC. | 10633 | CT_nc. | 102 |
| VA | HOPEWELL COGEN, INC. | 10633 | CW_nc. | 53 |
| VA | LG&E-WESTMORELAND ALTAVISTA | 10773 | 1 | 18 |
| VA | LG&E-WESTMORELAND ALTAVISTA | 10773 | 2 | 18 |
| VA | LG&E-WESTMORELAND HOPEWELL | 10771 | 1 | 17 |
| VA | LG&E-WESTMORELAND HOPEWELL | 10771 | 2 | 16 |
| VA | LG&E-WESTMORELAND SOUTHAMPTON | 10774 | 1 | 23 |
| VA | LG&E-WESTMORELAND SOUTHAMPTON | 10774 | 2 | 29 |
| VA | MECKLENBURG | 52007 | ST_urg | 234 |
| VA | POSSUM POINT | 3804 | 3 | 221 |
| VA | POSSUM POINT | 3804 | 4 | 528 |
| VA | POSSUM POINT | 3804 | 5 | 322 |
| VA | POTOMAC RIVER | 3788 | 1 | 203 |
| VA | POTOMAC RIVER | 3788 | 2 | 139 |
| VA | POTOMAC RIVER | 3788 | 3 | 232 |
| VA | POTOMAC RIVER | 3788 | 4 | 223 |
| VA | POTOMAC RIVER | 3788 | 5 | 222 |
| VA | SEI BIRCHWOOD | 12 | 1 | 305 |
| VA | TASLEY | 3785 | 10 | 6 |
| VA | YORKTOWN | 3809 | 1 | 386 |
| VA | YORKTOWN | 3809 | 2 | 419 |
| VA | YORKTOWN | 3809 | 3 | 764 |
| WV | ALBRIGHT | 3942 | 1 | 76 |
| WV | ALBRIGHT | 3942 | 2 | 71 |
| WV | ALBRIGHT | 3942 | 3 | 241 |
| WV | FORT MARTIN | 3943 | 1 | 887 |
| WV | FORT MARTIN | 3943 | 2 | 868 |
| WV | GRANT TOWN | 10151 | ST_own | 156 |
| WV | HARRISON | 3944 | 1 | 1,385 |
| WV | HARRISON | 3944 | 2 | 1,444 |
| WV | HARRISON | 3944 | 3 | 1,505 |
| WV | JOHN E AMOS | 3935 | 1 | 1,254 |
| WV | JOHN E AMOS | 3935 | 2 | 1,198 |
| WV | JOHN E AMOS | 3935 | 3 | 1,859 |
| WV | KAMMER | 3947 | 1 | 399 |
| WV | KAMMER | 3947 | 2 | 418 |
| WV | KAMMER | 3947 | 3 | 447 |
| WV | KANAWHA RIVER | 3936 | 1 | 336 |
| WV | KANAWHA RIVER | 3936 | 2 | 323 |
| WV | MITCHELL | 3948 | 1 | 1,288 |
| WV | MITCHELL | 3948 | 2 | 1,191 |
| WV | MORGANTOWN ENERGY ASSOCIATES | 27 | 1 | 80 |
| WV | MORGANTOWN ENERGY ASSOCIATES | 27 | 2 | 80 |
| WV | MOUNTAINEER (1301) | 6264 | 1 | 1,952 |
| WV | MT STORM | 3954 | 1 | 1,048 |
| WV | MT STORM | 3954 | 2 | 1,127 |
| WV | MT STORM | 3954 | 3 | 1,236 |
| WV | NORTH BRANCH | 7537 | 1A | 51 |
| WV | NORTH BRANCH | 7537 | 1B | 53 |
| WV | PHIL SPORN | 3938 | 11 | 239 |
| WV | PHIL SPORN | 3938 | 21 | 215 |
| WV | PHIL SPORN | 3938 | 31 | 239 |
| WV | PHIL SPORN | 3938 | 41 | 230 |
| WV | PHIL SPORN | 3938 | 51 | 708 |
| WV | PLEASANTS | 6004 | 1 | 1,296 |
| WV | PLEASANTS | 6004 | 2 | 1,165 |
| WV | RIVESVILLE | 3945 | 7 | 38 |
| WV | RIVESVILLE | 3945 | 8 | 88 |
| WV | WILLOW ISLAND | 3946 | 1 | 79 |
| WV | WILLOW ISLAND | 3946 | 2 | 246 |
Appendix B to Subpart E of Part 97 – Final Section 126 Rule: Non-EGU Allocations, 2004-2007
| State | County | Plant | Plant ID | Point ID | NO |
|---|---|---|---|---|---|
| DC | Washington | GSA CENTRAL HEATING PLANT | 0025 | 003 | 0 |
| DC | Washington | GSA CENTRAL HEATING PLANT | 0025 | 004 | 0 |
| DC | Washington | GSA CENTRAL HEATING PLANT | 0025 | 005 | 0 |
| DC | Washington | GSA CENTRAL HEATING PLANT | 0025 | 006 | 0 |
| DC | Washington | GSA WEST HEATING PLANT | 0024 | 003 | 13 |
| DC | Washington | GSA WEST HEATING PLANT | 0024 | 005 | 12 |
| DE | Kent | KRAFT FOODS INC | 0007 | 001 | 0 |
| DE | New Castle | MOTIVA ENTERPRISES (FORMERLY STAR ENTERPRISE, DELAWARE CITY PLANT) | 0016 | 002 | 102 |
| DE | New Castle | MOTIVA ENTERPRISES (FORMERLY STAR ENTERPRISE, DELAWARE CITY PLANT) | 0016 | 012 | 118 |
| KY | Boyd | ASHLAND OIL INC | 0004 | 061 | 23 |
| KY | Lawrence | KENTUCKY POWER CO | 0003 | 004 | 0 |
| MD | Baltimore | BETHLEHEM STEEL | 0147 | 016 | 75 |
| MD | Baltimore | BETHLEHEM STEEL | 0147 | 017 | 75 |
| MD | Baltimore | BETHLEHEM STEEL | 0147 | 018 | 75 |
| MD | Baltimore | BETHLEHEM STEEL | 0147 | 019 | 75 |
| MD | Allegany | WESTVACO | 0011 | 001 | 289 |
| MD | Allegany | WESTVACO | 0011 | 002 | 373 |
| MI | Wayne | DETROIT EDISON CO | B2810 | 0003 | 31 |
| MI | Midland | DOW CHEMICAL USA | A4033 | 0401 | 6 |
| MI | Midland | DOW CHEMICAL USA | A4033 | 0402 | 0 |
| MI | Wayne | DSC LTD | B3680 | 0006 | 30 |
| MI | Genesee | GENERAL MOTORS CORP | A1178 | 0501 | 63 |
| MI | Genesee | GENERAL MOTORS CORP | A1178 | 0502 | 47 |
| MI | Oakland | GENERAL MOTORS CORP | B4031 | 0506 | 22 |
| MI | Genesee | GENERAL MOTORS CORP | A1178 | 0507 | 20 |
| MI | Oakland | GENERAL MOTORS CORP | B4032 | 0510 | 4 |
| MI | Kalamazoo | GEORGIA PACIFIC CORP | B4209 | 0005 | 6 |
| MI | Kalamazoo | JAMES RIVER PAPER CO INC | B1678 | 0003 | 90 |
| MI | Wayne | MARATHON OIL COMPANY | A9831 | 0001 | 109 |
| MI | Allegan | MENASHA CORP | A0023 | 0024 | 71 |
| MI | Allegan | MENASHA CORP | A0023 | 0025 | 69 |
| MI | Ingham | MICHIGAN STATE UNIVERSITY | K3249 | 0053 | 110 |
| MI | Ingham | MICHIGAN STATE UNIVERSITY | K3249 | 0054 | 118 |
| MI | Ingham | MICHIGAN STATE UNIVERSITY | K3249 | 0055 | 77 |
| MI | Ingham | MICHIGAN STATE UNIVERSITY | K3249 | 0056 | 73 |
| MI | Washtenaw | THE REGENTS OF THE UNIVERSITY OF MICHIGAN | M0675 | 0001 | 40 |
| MI | Washtenaw | THE REGENTS OF THE UNIVERSITY OF MICHIGAN | M0675 | 0002 | 37 |
| MI | Oakland | WILLIAM BEAUMONT HOSPITAL | G5067 | 0010 | 0 |
| MI | Oakland | WILLIAM BEAUMONT HOSPITAL | G5067 | 0011 | 0 |
| NC | Haywood | BLUE RIDGE PAPER PRODUCTS INC | 0159 | 005 | 129 |
| NC | Haywood | CHAMPION INT CORP | 0159 | 001 | 98 |
| NC | Haywood | CHAMPION INT CORP | 0159 | 002 | 88 |
| NC | Haywood | CHAMPION INT CORP | 0159 | 003 | 200 |
| NC | Haywood | CHAMPION INT CORP | 0159 | 004 | 176 |
| NC | Halifax | CHAMPION INTERNATIONAL CORP. ROANOKE RAP | 0007 | 001 | 340 |
| NC | Guilford | CONE MILLS CORP – WHITE OAK PLANT | 0863 | 004 | 50 |
| NC | Cabarrus | FIELDCREST – CANNON PLT 1 KANNAPOLIS | 0006 | 001 | 77 |
| NC | Columbus | INTERNATIONAL PAPER: RIEGELWOOD | 0036 | 003 | 90 |
| NC | Columbus | INTERNATIONAL PAPER: RIEGELWOOD | 0036 | 004 | 228 |
| NC | Martin | WEYERHAEUSER PAPER CO. PLYMOUTH | 0069 | 001 | 265 |
| NC | Craven | WEYERHAUSER COMPANY NEW BERN MILL | 0104 | 005 | 205 |
| NC | Craven | WEYERHAEUSER COMPANY NEW BERN MILL | 0104 | 006 | 72 |
| NC | Martin | WEYERHAEUSER COMPANY PLYMOUTH | 0069 | 009 | 25 |
| NJ | Middlesex | BALL – INCON GLASS PACKAGING | 15035 | 001 | 46 |
| NJ | Hudson | BEST FOODS CPC INTERNATIONAL I | 10003 | 003 | 27 |
| NJ | Middlesex | CHEVRON U.S.A., INC | 15023 | 001 | 17 |
| NJ | Middlesex | CHEVRON U.S.A., INC | 15023 | 043 | 55 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 001 | 3 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 038 | 11 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 039 | 11 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 040 | 11 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 064 | 38 |
| NJ | Gloucester | COASTAL EAGLE POINT OIL COMPAN | 55004 | 123 | 37 |
| NJ | Middlesex | DEGUSSA CORPORATION-METZ DIVIS | 15305 | 009 | 15 |
| NJ | Union | EXXON CORPORATION | 40003 | 001 | 57 |
| NJ | Union | EXXON CORPORATION | 40003 | 007 | 22 |
| NJ | Union | EXXON CORPORATION | 40003 | 014 | 98 |
| NJ | Union | EXXON CORPORATION | 40003 | 015 | 14 |
| NJ | Middlesex | HERCULES INCORPORATED | 15017 | 001 | 38 |
| NJ | Middlesex | HERCULES INCORPORATED | 15017 | 002 | 37 |
| NJ | Warren | HOFFMAN LAROCHE INC | 85010 | 034 | 45 |
| NJ | Mercer | HOMASCTE COMPANY | 60018 | 001 | 290 |
| NJ | Mercer | HOMASCTE COMPANY | 60018 | 002 | 312 |
| NJ | Passaic | INTERNATIONAL VEILING CORPORAT | 30098 | 001 | 22 |
| NJ | Bergen | MALT PRODUCTS CORPORATION | 00322 | 001 | 27 |
| NJ | Atlantic | MARINA ASSOCIATES | 70009 | 001 | 330 |
| NJ | Atlantic | MARINA ASSOCIATES | 70009 | 002 | 329 |
| NJ | Atlantic | MARINA ASSOCIATES | 70009 | 003 | 990 |
| NJ | Union | MERCK & CO., INC | 40009 | 001 | 66 |
| NJ | Union | MERCK & CO., INC | 40009 | 002 | 61 |
| NJ | Union | MERCK & CO., INC | 40009 | 003 | 56 |
| NJ | Union | MERCK & CO., INC | 40009 | 004 | 75 |
| NJ | Union | MERCK & CO., INC | 40009 | 005 | 89 |
| NJ | Union | MERCK & CO., INC | 40009 | 006 | 103 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 001 | 54 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 002 | 54 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 003 | 54 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 004 | 49 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 005 | 16 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 006 | 105 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 027 | 0 |
| NJ | Gloucester | MOBIL OIL CORPORATION | 55006 | 270 | 14 |
| NJ | Monmouth | NESTLE CO., INC., THE | 20004 | 006 | 13 |
| NJ | Monmouth | NESTLE CO., INC., THE | 20004 | 007 | 13 |
| NJ | Middlesex | NEW JERSEY STEEL CORPORATION | 15076 | 001 | 18 |
| NJ | Gloucester | PETROLEUM RECYCLING, INC | 55180 | 020 | 169 |
| NJ | Atlantic | SCOTT PAPER COMPANY | 70011 | 002 | 89 |
| NJ | Atlantic | SCOTT PAPER COMPANY | 70011 | 003 | 75 |
| NJ | Atlantic | SCOTT PAPER COMPANY | 70011 | 004 | 99 |
| NJ | Mercer | STONY BROOK REGIONAL SEWERAGE | 60248 | 001 | 55 |
| NJ | Mercer | STONY BROOK REGIONAL SEWERAGE | 60248 | 002 | 55 |
| NY | Kings | HUDSON AVENUE | 2496 | B71 | 19 |
| NY | Kings | HUDSON AVENUE | 2496 | B72 | 19 |
| NY | Kings | HUDSON AVENUE | 2496 | B81 | 19 |
| NY | Kings | HUDSON AVENUE | 2496 | B82 | 19 |
| NY | Queens | RAVENSWOOD-A-HOUSE | CE03 | B01 | 15 |
| NY | Queens | RAVENSWOOD-A-HOUSE | CE03 | B02 | 15 |
| NY | Queens | RAVENSWOOD-A-HOUSE | CE03 | B03 | 21 |
| NY | Queens | RAVENSWOOD-A-HOUSE | CE03 | B04 | 21 |
| OH | Butler | AK STEEL (FORMERLY ARMCO STEEL CO.) | 1409010006 | P009 | 66 |
| OH | Butler | AK STEEL (FORMERLY ARMCO STEEL CO.) | 1409010006 | P010 | 66 |
| OH | Butler | AK STEEL (FORMERLY ARMCO STEEL CO.) | 1409010006 | P011 | 66 |
| OH | Butler | AK STEEL (FORMERLY ARMCO STEEL CO.) | 1409010006 | P012 | 66 |
| OH | Stark | ASHLAND PETROLEUM COMPANY | 1576000301 | B015 | 18 |
| OH | Lucas | BP OIL COMPANY, TOLEDO REFINERY | 0448020007 | B004 | 39 |
| OH | Lucas | BP OIL COMPANY, TOLEDO REFINERY | 0448020007 | B020 | 102 |
| OH | Montgomery | CARGILL INCORPORATED | 0857041124 | B004 | 133 |
| OH | Montgomery | CARGILL INCORPORATED | 0857041124 | B006 | 1 |
| OH | Butler | CHAMPION INTERNATIONAL CORP | 1409040212 | B010 | 267 |
| OH | Summit | GOODYEAR TIRE & RUBBER COMPANY | 1677010193 | B001 | 101 |
| OH | Summit | GOODYEAR TIRE & RUBBER COMPANY | 1677010193 | B002 | 108 |
| OH | Hamilton | HENKEL CORP. – EMERY GROUP | 1431070035 | B027 | 209 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B001 | 139 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B002 | 150 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B003 | 159 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B004 | 158 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B007 | 155 |
| OH | Cuyahoga | LTV STEEL COMPANY, INC | 1318001613 | B905 | 14 |
| OH | Ross | MEAD CORPORATION | 0671010028 | B001 | 185 |
| OH | Ross | MEAD CORPORATION | 0671010028 | B002 | 208 |
| OH | Ross | MEAD CORPORATION | 0671010028 | B003 | 251 |
| OH | Scioto | NEW BOSTON COKE CORP | 0773010004 | B008 | 20 |
| OH | Scioto | NEW BOSTON COKE CORP | 0773010004 | B009 | 15 |
| OH | Hamilton | PROCTER & GAMBLE CO | 1431390903 | B021 | 72 |
| OH | Hamilton | PROCTER & GAMBLE CO | 1431390903 | B022 | 296 |
| OH | Lorain | REPUBLIC ENGINEERED STEELS, INC. (FORMERLY USS/KOBE STEEL – LORAIN WORKS) | 0247080229 | B013 | 159 |
| OH | Lawrence | SOUTH POINT ETHANOL | 0744000009 | B003 | 107 |
| OH | Lawrence | SOUTH POINT ETHANOL | 0744000009 | B004 | 107 |
| OH | Lawrence | SOUTH POINT ETHANOL | 0744000009 | B007 | 107 |
| OH | Lucas | SUN REFINING & MARKETING CO, TOLEDO REF | 0448010246 | B044 | 47 |
| OH | Lucas | SUN REFINING & MARKETING CO, TOLEDO REF | 0448010246 | B046 | 34 |
| OH | Lucas | SUN REFINING & MARKETING CO, TOLEDO REF | 0448010246 | B047 | 18 |
| OH | Trumbull | W C I STEEL, INC | 0278000463 | B001 | 113 |
| OH | Trumbull | W C I STEEL, INC | 0278000463 | B004 | 142 |
| PA | Northampton | BETHLEHEM STEEL CORP | 0048 | 041 | 100 |
| PA | Northampton | BETHLEHEM STEEL CORP | 0048 | 042 | 66 |
| PA | Northampton | BETHLEHEM STEEL CORP | 0048 | 067 | 165 |
| PA | Armstrong | BMG ASPHALT CO | 0004 | 101 | 0 |
| PA | Erie | GENERAL ELECTRIC | 0009 | 032 | 16 |
| PA | York | GLATFELTER, P. H. CO | 0016 | 031 | 0 |
| PA | York | GLATFELTER, P. H. CO | 0016 | 034 | 137 |
| PA | York | GLATFELTER, P. H. CO | 0016 | 035 | 112 |
| PA | York | GLATFELTER, P. H. CO | 0016 | 036 | 211 |
| PA | Clinton | INTERNATIONAL PAPER: LOCKHAVEN | 0008 | 033 | 101 |
| PA | Clinton | INTERNATIONAL PAPER: LOCKHAVEN | 0008 | 034 | 90 |
| PA | Delaware | KIMBERLY CLARK (FORMERLY SCOTT PAPER CO.) | 0016 | 034 | 1 |
| PA | Delaware | KIMBERLY CLARK (FORMERLY SCOTT PAPER CO.) | 0016 | 035 | 345 |
| PA | Allegheny | LTV STEEL COMPANY – PITTSBURGH WORKS | 0022 | 015 | 25 |
| PA | Allegheny | LTV STEEL COMPANY – PITTSBURGH WORKS | 0022 | 017 | 15 |
| PA | Allegheny | LTV STEEL COMPANY – PITTSBURGH WORKS | 0022 | 019 | 29 |
| PA | Allegheny | LTV STEEL COMPANY – PITTSBURGH WORKS | 0022 | 021 | 55 |
| PA | Montgomery | MERCK SHARP & DOHME | 0028 | 039 | 126 |
| PA | Westmoreland | MONESSEN INC | 0007 | 031 | 0 |
| PA | Bucks | PECO | 0055 | 043 | 15 |
| PA | Bucks | PECO | 0055 | 045 | 32 |
| PA | Bucks | PECO | 0055 | 044 | 77 |
| PA | Wyoming | PROCTER & GAMBLE CO | 0009 | 035 | 187 |
| PA | Allegheny | SHENANGO IRON & COKE WORKS | 0050 | 006 | 18 |
| PA | Allegheny | SHENANGO IRON & COKE WORKS | 0050 | 009 | 15 |
| PA | Delaware | SUN REFINING & MARKETING CO | 0025 | 089 | 102 |
| PA | Delaware | SUN REFINING & MARKETING CO | 0025 | 090 | 163 |
| PA | Philadelphia | SUN REFINING AND MARKETING 1 O | 1501 | 020 | 49 |
| PA | Philadelphia | SUN REFINING AND MARKETING 1 O | 1501 | 021 | 83 |
| PA | Philadelphia | SUN REFINING AND MARKETING 1 O | 1501 | 022 | 105 |
| PA | Philadelphia | SUN REFINING AND MARKETING 1 O | 1501 | 023 | 127 |
| PA | Philadelphia | SUNOCO (FORMERLY ALLIED CHEMICAL CORP) | 1551 | 052 | 86 |
| PA | Perry | TEXAS EASTERN GAS PIPELINE COMPANY | 0001 | 031 | 0 |
| PA | Berks | TEXAS EASTERN GAS PIPELINE COMPANY | 0087 | 031 | 98 |
| PA | Delaware | TOSCO REFINING (FORMERLY BP OIL, INC.) | 0030 | 032 | 71 |
| PA | Delaware | TOSCO REFINING (FORMERLY BP OIL, INC.) | 0030 | 033 | 80 |
| PA | Philadelphia | U.S. NAVAL BASE | 9702 | 016 | 0 |
| PA | Philadelphia | U.S. NAVAL BASE | 9702 | 017 | 1 |
| PA | Philadelphia | U.S. NAVAL BASE | 9702 | 098 | 0 |
| PA | Philadelphia | U.S. NAVAL BASE | 9702 | 099 | 0 |
| PA | Elk | WILLAMETTE INDUSTRIES (FORMERLY PENNTECH PAPERS, INC | 0005 | 040 | 90 |
| PA | Elk | WILLAMETTE INDUSTRIES (FORMERLY PENNTECH PAPERS, INC | 0005 | 041 | 89 |
| PA | Beaver | ZINC CORPORATION OF AMERICA | 0032 | 034 | 176 |
| PA | Beaver | ZINC CORPORATION OF AMERICA | 0032 | 035 | 180 |
| VA | Hopewell | ALLIED-SIGNAL INC | 0026 | 002 | 499 |
| VA | York | AMOCO OIL CO | 0004 | 001 | 25 |
| VA | Giles | CELANESE ACETATE LLC (FORMERLY HOECHST CELANESE CORP) | 0004 | 007 | 148 |
| VA | Giles | CELANESE ACETATE LLC (FORMERLY HOECHST CELANESE CORP) | 0004 | 014 | 56 |
| VA | Pittsylvania | DAN RIVER INC. (SCHOOLFIELD DIV) | 0002 | 003 | 49 |
| VA | Bedford | GEORGIA-PACIFIC – BIG ISLAND MILL | 0003 | 002 | 86 |
| VA | Isle Of Wight | INTERNATIONAL PAPER – FRANKLIN (FORMERLY UNION CAMP CORP/FINE PAPER DIV) | 0006 | 003 | 272 |
| VA | Hopewell | JAMES RIVER COGENERATION (COGE | 0055 | 001 | 511 |
| VA | Hopewell | JAMES RIVER COGENERATION (COGE | 0055 | 002 | 512 |
| VA | King William | ST. LAURENT PAPER PRODUCTS CORP. | 0001 | 003 | 253 |
| VA | Alleghany | WESTVACO CORP | 0003 | 001 | 253 |
| VA | Alleghany | WESTVACO CORP | 0003 | 002 | 130 |
| VA | Alleghany | WESTVACO CORP | 0003 | 003 | 195 |
| VA | Alleghany | WESTVACO CORP | 0003 | 004 | 373 |
| VA | Alleghany | WESTVACO CORP | 0003 | 005 | 170 |
| VA | Alleghany | WESTVACO CORP | 0003 | 011 | 105 |
| WV | Kanawha | AVENTIS CROPSCIENCE | 00007 | 010 | 113 |
| WV | Kanawha | AVENTIS CROPSCIENCE | 00007 | 011 | 102 |
| WV | Kanawha | AVENTIS CROPSCIENCE | 00007 | 012 | 105 |
| WV | Kanawha | DUPONT – BELLE | 00001 | 612 | 54 |
| WV | Fayette | ELKEM METALS COMPANY L.P. – ALLOY P PLANT | 00001 | 006 | 116 |
| WV | Marshall | PPG INDUSTRIES, INC | 00002 | 001 | 195 |
| WV | Marshall | PPG INDUSTRIES, INC | 00002 | 003 | 419 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 070 | 8 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 071 | 73 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 080 | 7 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 081 | 66 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 090 | 8 |
| WV | Kanawha | RHONE-POLUENC | 00007 | 091 | 68 |
| WV | Kanawha | UNION CARBIDE – SOUTH CHARLESTON PLANT | 00003 | 0B6 | 66 |
| WV | Kanawha | UNION CARBIDE – SOUTH CHARLESTON PLANT | 0003 | 0B6 | 92 |
| WV | Kanawha | UNION CARBIDE – SOUTH CHARLESTON PLANT | 0003 | 0B7 | 45 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 030 | 31 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 088 | 30 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 089 | 2 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 090 | 110 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 091 | 253 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 092 | 208 |
| WV | Hancock | WEIRTON STEEL CORPORATION | 00001 | 093 | 200 |
Appendix C to Subpart E of Part 97 – Final Section 126 Rule: Trading Budget
| ST | F126-EGU | F126-NEGU | Total |
|---|---|---|---|
| DC | 207 | 26 | 233 |
| DE | 4,306 | 232 | 4,538 |
| IN | 7,088 | 82 | 7,170 |
| KY | 19,654 | 53 | 19,707 |
| MD | 14,519 | 1,013 | 15,532 |
| MI | 25,689 | 2,166 | 27,855 |
| NC | 31,212 | 2,329 | 33,541 |
| NJ | 9,716 | 4,838 | 14,554 |
| NY | 16,081 | 156 | 16,237 |
| OH | 45,432 | 4,103 | 49,535 |
| PA | 47,224 | 3,619 | 50,843 |
| VA | 17,091 | 4,104 | 21,195 |
| WV | 26,859 | 2,184 | 29,043 |
| Total | 265,078 | 24,905 | 289,983 |
Appendix D to Subpart E of Part 97 – Final Section 126 Rule: State Compliance supplement pools for the Section 126 Final Rule (Tons)
| State | Compliance supplement pool |
|---|---|
| Delaware | 168 |
| District of Columbia | 0 |
| Indiana | 2,454 |
| Kentucky | 7,314 |
| Maryland | 3,882 |
| Michigan | 9,398 |
| New Jersey | 1,550 |
| New York | 1,379 |
| North Carolina | 10,737 |
| Ohio | 22,301 |
| Pennsylvania | 15,763 |
| Virginia | 5,504 |
| West Virginia | 16,709 |
| Total | 97,159 |
Subpart F – NOX Allowance Tracking System
§ 97.50 NOX Allowance Tracking System accounts.
(a) Nature and function of compliance accounts and overdraft accounts. Consistent with § 97.51(a), the Administrator will establish one compliance account for each NO
(b) Nature and function of general accounts. Consistent with § 97.51(b), the Administrator will establish, upon request, a general account for any person. Allocations of NO
§ 97.51 Establishment of accounts.
(a) Compliance accounts and overdraft accounts. Upon receipt of a complete account certificate of representation under § 97.13, the Administrator will establish:
(1) A compliance account for each NO
(2) An overdraft account for each source for which the account certificate of representation was submitted and that has two or more NO
(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 allowances. An application for a general account may designate one and only one NO
(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO
(B) At the option of the NO
(C) A list of all persons subject to a binding agreement for the NO
(D) The following certification statement by the NO
(E) The signature of the NO
(ii) 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 permitting authority nor the Administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(2) Authorization of NO
(i) The Administrator will establish a general account for the person or persons for whom the application is submitted.
(ii) The NO
(iii) Any representation, action, inaction, or submission by any alternate NO
(iv) Each submission concerning the general account shall be submitted, signed, and certified by the NO
(v) The Administrator will accept or act on a submission concerning the general account only if the submission has been made, signed, and certified in accordance with paragraph (b)(2)(iv) of this section.
(3) Changing NO
(ii) The alternate NO
(iii)(A) In the event a new person having an ownership interest with respect to NO
(B) Within 30 days following any change in the persons having an ownership interest with respect to NO
(4) Objections concerning NO
(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 NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the NO
(c) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section.
(a) Following the establishment of a NO
(b) Authorized account representative identification. The Administrator will assign a unique identifying number to each NO
§ 97.53 Recordation of NOX allowance allocations.
(a) The Administrator will record the NO
(b) By May 1, 2003, the Administrator will record the NO
(c) By May 1, 2003, the Administrator will record the NO
(d) By May 1, 2004, the Administrator will record the NO
(e) Each year starting with 2005, after the Administrator has made all deductions from a NO
(1) NO
(2) NO
(3) NO
(f) Serial numbers for allocated NO
§ 97.54 Compliance.
(a) NO
(1) Were allocated for a control period in a prior year or the same year; and
(2) Are held in the unit’s compliance account, or the overdraft account of the source where the unit is located, as of the NO
(b) Deductions for compliance. (1) Following the recordation, in accordance with § 97.61, of NO
(i) From the compliance account; and
(ii) Only if no more NO
(2) The Administrator will deduct NO
(i) Until the number of NO
(ii) Until no more NO
(c)(1) Identification of NO
(2) First-in, first-out. The Administrator will deduct NO
(i) Those NO
(ii) Those NO
(iii) Those NO
(iv) Those NO
(d) Deductions for excess emissions. (1) After making the deductions for compliance under paragraph (b) of this section, the Administrator will deduct from the unit’s compliance account or the overdraft account of the source where the unit is located a number of NO
(2) If the compliance account or overdraft account does not contain sufficient NO
(3) Any allowance deduction required under paragraph (d) of this section shall not affect the liability of the owners and operators of the NO
(i) For purposes of determining the number of days of violation, if a NO
(ii) Each ton of excess emissions is a separate violation.
(e) Deductions for units sharing a common stack. In the case of units sharing a common stack and having emissions that are not separately monitored or apportioned in accordance with subpart H of this part:
(1) The NO
(2) Notwithstanding paragraph (b)(2)(i) of this section, the Administrator will deduct NO
(f) Deduction of banked allowances. Each year starting in 2006, after the Administrator has completed the designation of banked NO
(1) The Administrator will determine the total number of banked NO
(2) If the total number of banked NO
(3) If the total number of banked NO
(i) The Administrator will determine the following ratio: 0.10 multiplied by the sum of the trading program budgets under § 97.40 for all States for the control period and divided by the total number of banked NO
(ii) The Administrator will multiply the number of banked NO
(g) Recordation of deductions. The Administrator will record in the appropriate compliance account or overdraft account all deductions from such an account pursuant to paragraph (b), (d), (e), or (f) of this section.
§ 97.55 Banking.
NO
(a) Any NO
(b) The Administrator will designate, as a “banked” NO
§ 97.56 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any NO
§ 97.57 Closing of general accounts.
(a) The NO
(b) If a general account shows no activity for a period of a year or more and does not contain any NO
Subpart G – NOX Allowance Transfers
§ 97.60 Submission of NOX allowance transfers.
The NO
(a) The numbers identifying both the transferor and transferee accounts;
(b) A specification by serial number of each NO
(c) The printed name and signature of the NO
§ 97.61 EPA recordation.
(a) Within 5 business days of receiving a NO
(1) The transfer is correctly submitted under § 97.60; and
(2) The transferor account includes each NO
(b) A NO
(c) Where a NO
§ 97.62 Notification.
(a) Notification of recordation. Within 5 business days of recordation of a NO
(b) Notification of non-recordation. Within 10 business days of receipt of a NO
(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 NO
Subpart H – Monitoring and Reporting
§ 97.70 General requirements.
The owners and operators, and to the extent applicable, the NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Install all monitoring systems for monitoring heat input rate.
(3) Successfully complete all certification tests required under § 97.71 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraphs (a)(1) and (2) of this section.
(4) Record, report, and quality-assure the data from the monitoring systems under paragraphs (a)(1) and (2) of this section.
(b) Compliance deadlines. The owner or operator shall meet the certification and other requirements of paragraphs (a)(1) through (a)(3) 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 paragraphs (a)(1) and (a)(2) of this section on and after the following dates.
(1) For the owner or operator of a NO
(2) For the owner or operator of a NO
(3) For the owner or operator of a NO
(i) The earlier of 90 unit operating days after the date on which the unit commences commercial operation or 180 calendar days after the date on which the unit commences commercial operation; or
(ii) May 1, 2003, if the compliance date under paragraph (b)(3)(i) of this section is before May 1, 2003.
(4) For the owner or operator of a NO
(i) The earlier of 90 unit operating days or 180 calendar days after the date on which the unit commences commercial operation, if this compliance date is during a control period; or
(ii) May 1 immediately following the compliance date under paragraph (b)(4)(i) of this section, if such compliance date is not during a control period.
(5) For the owner or operator of a NO
(6) For the owner or operator of a NO
(i) The earlier of 90 unit operating days or 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO
(ii) May 1 immediately following the compliance date under paragraph (b)(6)(i) of this section, if such compliance date is not during a control period.
(7) For the owner or operator of a unit for which an application for a NO
(c) Commencement of data reporting. (1) The owner or operator of NO
(2) The owner or operator of a NO
(i) The date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is during a control period; or
(ii) The first hour on May 1 of the first control period after the date and hour on which the unit commences operation, if the date and hour on which the unit commences operation is not during a control period.
(3) Notwithstanding paragraphs (c)(2)(i) and (c)(2)(ii) of this section, the owner or operator may begin reporting NO
(d) Prohibitions. (1) No owner or operator of a NO
(2) No owner or operator of a NO
(3) No owner or operator of a NO
(4) No owner or operator of a NO
(i) During the period that the unit is covered by an exemption under § 97.4(b) or § 97.5 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 NO
§ 97.71 Initial certification and recertification procedures.
(a) The owner or operator of a NO
(1) If, prior to January 1, 1998, the Administrator approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(2) For any additional CEMS required under the common stack provisions in § 75.72 of this chapter or for any NO
(b) The owner or operator of a NO
(1) Requirements for initial certification. The owner or operator shall ensure that each emission monitoring system required by subpart H of part 75 of this chapter (which includes 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 § 97.70(b). In addition, whenever the owner or operator installs an emission monitoring system in order to meet the requirements of this part in a location where no such emission monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.
(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in a certified emission monitoring system that may significantly affect the ability of the system to accurately measure or record NO
(3) Certification approval process for initial certification and recertification – (i) Notification of certification. The NO
(ii) Certification application. The NO
(iii) Except for units using the low mass emission excepted methodology under § 75.19 of this chapter, the provisional certification date for a monitor shall be determined in accordance with § 75.20(a)(3) of this chapter. A provisionally certified monitor may be used under the NO
(iv) Certification application formal approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (b)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. A certification application will be considered complete when all of the applicable information required to be submitted under paragraph (b)(3)(ii) of this section has been received by the Administrator. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the NO
(C) Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of this part, or if the certification application is incomplete and the requirement for disapproval under paragraph (b)(3)(iv)(B) of this section has been met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter). The owner or operator shall follow the procedures for loss of certification in paragraph (b)(3)(v) of this section for each monitoring system that is disapproved for initial certification.
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.72(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (b)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (b)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, 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(h)(4), or § 75.21(e) and continuing until the date and hour specified under § 75.20(a)(5)(i) of this chapter:
(1) For units that the owner or operator intends to monitor or monitors for NO
(2) For units that the owner or operator intends to monitor or monitors for NO
(B) The NO
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(c) Initial certification and recertification procedures for low mass emission units using the excepted methodologies under § 75.19 of this chapter. The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under § 75.19 of this chapter and not subject to an Acid Rain emissions limitation shall meet the applicable general operating requirements of § 75.10 of this chapter and the applicable requirements of § 75.19 of this chapter. The owner or operator of such a unit shall also meet the applicable certification and recertification procedures of paragraph (b) of this section, except that the excepted methodology shall be deemed provisionally certified for use under the NO
(d) Certification/recertification procedures for alternative monitoring systems. The NO
§ 97.72 Out of control periods.
(a) Whenever any emission monitoring system fails to meet the quality assurance or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable procedures in subpart D, subpart H, appendix D, or appendix E of part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of an emission monitoring system and a review of the initial certification or recertification application reveal that any system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.71 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such 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 Administrator revokes prospectively the certification status of the system. The data measured and recorded by the system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the system. The owner or operator shall follow the initial certification or recertification procedures in § 97.71 for each disapproved system.
§ 97.73 Notifications.
(a) The NO
(b) For any unit that does not have an Acid Rain emissions limitation, the permitting authority may waive the requirement to notify the permitting authority in paragraph (a) of this section.
§ 97.74 Recordkeeping and reporting.
(a) General provisions. (1) The NO
(2) If the NO
(b) Monitoring plans. (1) The owner or operator of a unit subject to an Acid Rain emissions limitation shall comply with requirements of § 75.62 of this chapter, except that the monitoring plan shall also include all of the information required by subpart H of part 75 of this chapter.
(2) The owner or operator of a unit that is not subject to an Acid Rain emissions limitation shall comply with requirements of § 75.62 of this chapter, except that the monitoring plan is only required to include the information required by subpart H of part 75 of this chapter.
(c) Certification applications. The NO
(d) Quarterly reports. The NO
(1) If a unit is subject to an Acid Rain emission limitation or if the owner or operator of the NO
(i) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. The NO
(ii) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph (d)(1)(i) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. The NO
(iii) For a unit that commences operation on or after January 1, 2003:
(A) The calendar quarter in which the unit commences operation, if unit operation commences during a control period. The NO
(B) The calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation, if the unit does not commence operation during a control period. The NO
(iv) A calendar quarter before the quarter specified in paragraph (d)(1)(i), (d)(1)(ii), or (d)(1)(iii)(B) of this section, if the owner or operator elects to begin reporting early under § 97.70(c)(3).
(2) If a NO
(i) Meet all of the requirements of part 75 related to monitoring and reporting NO
(ii) Submit quarterly reports, documenting NO
(A) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. The NO
(B) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph (d)(2)(ii)(A) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. The NO
(C) For a unit that commences operation on or after January 1, 2003 and during a control period, the calendar quarter in which the unit commences operation. The NO
(D) For a unit that commences operation on or after January 1, 2003 and not during a control period, the calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation. The NO
(3) The NO
(i) For units subject to an Acid Rain emissions limitation, quarterly reports shall include all of the data and information required in subpart H of part 75 of this chapter for each NO
(ii) For units not subject to an Acid Rain emissions limitation, quarterly reports are only required to include all of the data and information required in subpart H of part 75 of this chapter for each NO
(4) Compliance certification. The NO
(i) 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;
(ii) For a unit with add-on NO
(iii) For a unit that is reporting on a control period basis under paragraph (d)(2)(ii) of this section, the NO
§ 97.75 Petitions.
(a) The NO
(b) 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 by the Administrator under § 75.66 of this chapter.
§ 97.76 Additional requirements to provide heat input data.
The owner or operator of a NO
Subpart I – Individual Unit Opt-ins
§ 97.80 Applicability.
A unit that is in a State (as defined in § 97.2), is not a NO
§ 97.81 General.
Except otherwise as provided in this part, a NO
A unit for which an application for a NO
§ 97.83 Applying for NOX Budget opt-in permit.
(a) Applying for initial NO
(1) A complete NO
(2) A monitoring plan submitted in accordance with subpart H of this part; and
(3) A complete account certificate of representation under § 97.13, if no NO
(b) Duty to reapply. Unless the NO
§ 97.84 Opt-in process.
The permitting authority will issue or deny an initial NO
(a) Interim review of monitoring plan. The Administrator will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a NO
(b) If the Administrator determines that the unit’s monitoring plan is sufficient under paragraph (a) of this section and after completion of monitoring system certification under subpart H of this part, the NO
(c) Based on the information monitored and reported under paragraph (b) of this section, the Administrator will calculate the unit’s baseline heat input, which will equal the unit’s total heat input (in mmBtu) for the control period, and the unit’s baseline NO
(d) Issuance of draft NO
(e) Not withstanding paragraphs (a) through (d) of this section, if at any time before issuance of a draft NO
(f) Withdrawal of application for NO
(g) The unit shall be a NO
§ 97.85 NOX Budget opt-in permit contents.
(a) Each NO
(b) Each NO
§ 97.86 Withdrawal from NOX Budget Trading Program.
(a) Requesting withdrawal. To withdraw from the NO
(b) Conditions for withdrawal. Before a NO
(1) For the control period immediately before the withdrawal is to be effective, the NO
(2) If the NO
(3) After the requirements for withdrawal under paragraphs (b)(1) and (2) of this section are met, the Administrator will deduct from the NO
(c) A NO
(d) Notification. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of NO
(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a notification to the permitting authority and the NO
(e) Permit revision. After the Administrator issues a notification under paragraph (d)(1) of this section that the requirements for withdrawal have been met, the permitting authority will revise the NO
(f) Reapplication upon failure to meet conditions of withdrawal. If the Administrator denies the request to withdraw the NO
(g) Ability to return to the NO
§ 97.87 Change in regulatory status.
(a) Notification. When a NO
(b) Permitting authority’s and Administrator’s action. (1)(i) When the NO
(ii)(A) The Administrator will deduct from the compliance account for the NO
(1) Any NO
(2) If the effective date of the NO
(B) The NO
(iii)(A) For every control period during which the NO
(B) Notwithstanding paragraph (b)(1)(iii)(A) of this section, if the effective date of the NO
(2)(i) When the NO
(ii) After the deduction under paragraph (b)(2)(i) of this section is completed, the Administrator will close the NO
§ 97.88 NOX allowance allocations to opt-in units.
(a) NO
(2) By no later than April 1, after the first control period for which the NO
(3) The Administrator will make available to the public each determination of NO
(b) For each control period for which the NO
(1) The heat input (in mmBtu) used for calculating NO
(i) The unit’s baseline heat input determined pursuant to § 97.84(c); or
(ii) The unit’s heat input, as determined in accordance with subpart H of this part, for the control period in the year prior to the year of the control period for which the NO
(2) The Administrator will allocate NO
Subpart J – Appeal Procedures
§ 97.90 Appeal procedures.
The appeal procedures for the NO
Subpart AA – CAIR NOX Annual Trading Program General Provisions
§ 97.101 Purpose.
This subpart and subparts BB through II set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) NO
§ 97.102 Definitions.
The terms used in this subpart and subparts BB through II shall have the meanings set forth in this section as follows:
Account number means the identification number given by the Administrator to each CAIR NO
Acid Rain emissions limitation means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.
Acid Rain Program means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and parts 72 through 78 of this chapter.
Actual weighted average NO
(1) The sum of the products of the actual annual average NO
(2) The sum of the actual annual heat input (as determined in accordance with part 75 of this chapter) for all units in the NO
Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator’s duly authorized representative.
Allocate or allocation means, with regard to CAIR NO
Allowance transfer deadline means, for a control period, midnight of March 1 (if it is a business day), or midnight of the first business day thereafter (if March 1 is not a business day), immediately following the control period and is the deadline by which a CAIR NO
Alternate CAIR designated representative means, for a CAIR NO
Automated data acquisition and handling system or DAHS means that component of the continuous emission monitoring system, or other emissions monitoring system approved for use under subpart HH of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by subpart HH of this part.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is;
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
CAIR authorized account representative means, with regard to a general account, a responsible natural person who is authorized, in accordance with subparts BB, FF, and II of this part, to transfer and otherwise dispose of CAIR NO
CAIR designated representative means, for a CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR permit means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under subpart CC of this part, including any permit revisions, specifying the CAIR NO
CAIR SO
CAIR SO
Certifying official means:
(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act or CAA means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.
Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.
Coal-fired means:
(1) Except for purposes of subpart EE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year; or
(2) For purposes of subpart EE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during a specified year.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
(1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and
(2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity –
(i) For a topping-cycle cogeneration unit, (A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.
(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input;
(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel except biomass if the unit is a boiler.
Combustion turbine means:
(1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.105 and § 97.184(h).
(i) For a unit that is a CAIR NO
(ii) For a unit that is a CAIR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.105, for a unit that is not a CAIR NO
(i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Commence operation means:
(1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber, except as provided in § 97.184(h).
(2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.
(3) For a unit that is replaced by a unit at the same source (e.g., repowered) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1), (2), or (3) of this definition as appropriate, except as provided in § 97.184(h).
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means a CAIR NO
Continuous emission monitoring system or CEMS means the equipment required under subpart HH of this part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of nitrogen oxides emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with part 75 of this chapter. The following systems are the principal types of continuous emission monitoring systems required under subpart HH of this part:
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A nitrogen oxides concentration monitoring system, consisting of a NO
(3) A nitrogen oxides emission rate (or NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A carbon dioxide monitoring system, consisting of a CO
(6) An oxygen monitoring system, consisting of an O
Control period means the period beginning January 1 of a calendar year, except as provided in § 97.106(c)(2), and ending on December 31 of the same year, inclusive.
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the CAIR designated representative and as determined by the Administrator in accordance with subpart HH of this part.
Excess emissions means any ton of nitrogen oxides emitted by the CAIR NO
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in any calendar year.
Fuel oil means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state.
General account means a CAIR NO
Generator means a device that produces electricity.
Gross electrical output means, with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Heat input means, with regard to a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the CAIR designated representative and determined by the Administrator in accordance with subpart HH of this part and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Hg Budget Trading Program means a multi-state Hg air pollution control and emission reduction program approved and administered by the Administrator in accordance subpart HHHH of part 60 of this chapter and § 60.24(h)(6), or established by the Administrator under section 111 of the Clean Air Act, as a means of reducing national Hg emissions.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of subpart HH of this part, including a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Most stringent State or Federal NO
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.
Oil-fired means, for purposes of subpart EE of this part, combusting fuel oil for more than 15.0 percent of the annual heat input in a specified year and not qualifying as coal-fired.
Operator means any person who operates, controls, or supervises a CAIR NO
Owner means any of the following persons:
(1) With regard to a CAIR NO
(i) Any holder of any portion of the legal or equitable title in a CAIR NO
(ii) Any holder of a leasehold interest in a CAIR NO
(iii) Any purchaser of power from a CAIR NO
(2) With regard to any general account, any person who has an ownership interest with respect to the CAIR NO
Permitting authority means the State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the CAIR NO
Potential electrical output capacity means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the permitting authority or the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the permitting authority or the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CAIR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent shutdown and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or shutdown unit (the replaced unit).
Repowered means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler:
(1) Atmospheric or pressurized fluidized bed combustion;
(2) Integrated gasification combined cycle;
(3) Magnetohydrodynamics;
(4) Direct and indirect coal-fired turbines;
(5) Integrated gasification fuel cells; or
(6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005.
Sequential use of energy means:
(1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or
(2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.
Serial number means, for a CAIR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. For purposes of section 502(c) of the Clean Air Act, a “source,” including a “source” with multiple units, shall be considered a single “facility.”
State means one of the States or the District of Columbia that is subject to the CAIR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Title V operating permit means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.
Title V operating permit regulations means the regulations that the Administrator has approved or issued as meeting the requirements of title V of the Clean Air Act and part 70 or 71 of this chapter.
Ton means 2,000 pounds. For the purpose of determining compliance with the CAIR NO
Topping-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.
Unit means a stationary, fossil-fuel-fired boiler or combustion turbine or other stationary, fossil-fuel-fired combustion device.
Unit operating day means a calendar day in which a unit combusts any fuel.
Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.
Useful power means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., thermal energy used by an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.103 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart and subparts BB through II are defined as follows:
§ 97.104 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State shall be CAIR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR NO
(b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR NO
(1)(i) Any unit that is a CAIR NO
(A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and
(B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit’s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO
(2)(i) Any unit that is a CAIR NO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(ii) Any unit that is a CAIR NO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO
(c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit and the relevant facts about the unit. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit 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) Submission. The petition and any other documents provided in connection with the petition shall be submitted to the Director of the Clean Air Markets Division (or its successor), U.S. Environmental Protection Agency, who will act on the petition as the Administrator’s duly authorized representative.
(3) Response. The Administrator will issue a written response to the petition and may request supplemental information relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO
§ 97.105 Retired unit exemption.
(a)(1) Any CAIR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR NO
(3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section.
(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.
(2) The Administrator or the permitting authority will allocate CAIR NO
(3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(4) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR NO
(5) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 97.122 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the unit resumes operation.
(6) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption:
(i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(5) of this section;
(ii) The date on which the CAIR designated representative is required under paragraph (b)(5) of this section to submit a CAIR permit application for the unit; or
(iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit.
(7) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.106 Standard requirements.
(a) Permit requirements. (1) The CAIR designated representative of each CAIR NO
(i) Submit to the permitting authority a complete CAIR permit application under § 97.122 in accordance with the deadlines specified in § 97.121; and
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit.
(2) The owners and operators of each CAIR NO
(3) Except as provided in subpart II of this part, the owners and operators of a CAIR NO
(b) Monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the CAIR designated representative, of each CAIR NO
(2) The emissions measurements recorded and reported in accordance with subpart HH of this part shall be used to determine compliance by each CAIR NO
(c) Nitrogen oxides emission requirements. (1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR NO
(2) A CAIR NO
(3) A CAIR NO
(4) CAIR NO
(5) A CAIR NO
(6) A CAIR NO
(7) Upon recordation by the Administrator under subpart EE, FF, GG, or II of this part, every allocation, transfer, or deduction of a CAIR NO
(d) Excess emissions requirements. If a CAIR NO
(1) The owners and operators of the source and each CAIR NO
(2) 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 NO
(i) The certificate of representation under § 97.113 for the CAIR designated representative for the source and each CAIR NO
(ii) All emissions monitoring information, in accordance with subpart HH of this part, provided that to the extent that subpart HH 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 NO
(iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO
(2) The CAIR designated representative of a CAIR NO
(f) Liability. (1) Each CAIR NO
(2) Any provision of the CAIR NO
(3) Any provision of the CAIR NO
(g) Effect on other authorities. No provision of the CAIR NO
§ 97.107 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CAIR NO
(b) Unless otherwise stated, any time period scheduled, under the CAIR NO
(c) Unless otherwise stated, if the final day of any time period, under the CAIR NO
§ 97.108 Appeal procedures.
The appeal procedures for decisions of the Administrator under the CAIR NO
Subpart BB – CAIR Designated Representative for CAIR NOX Sources
§ 97.110 Authorization and responsibilities of CAIR designated representative.
(a) Except as provided under § 97.111, each CAIR NO
(b) The CAIR designated representative of the CAIR NO
(c) Upon receipt by the Administrator of a complete certificate of representation under § 97.113, 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 NO
(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NO
(e)(1) Each submission under the CAIR NO
(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR NO
§ 97.111 Alternate CAIR designated representative.
(a) A certificate of representation under § 97.113 may 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 § 97.113, 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 §§ 97.102, 97.110(a) and (d), 97.112, 97.113, 97.115, 97.151 and 97.182, 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.
§ 97.112 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 § 97.113. Notwithstanding any such change, all representations, actions, inactions, and submissions by the 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 NO
(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 § 97.113. 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 NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CAIR NO
(2) Within 30 days following any change in the owners and operators of a CAIR NO
§ 97.113 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 NO
(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 NO
(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 NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO
(iii) “I certify that the owners and operators of the source and of each CAIR NO
(iv) Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NO
(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.
§ 97.114 Objections concerning CAIR designated representative.
(a) Once a complete certificate of representation under § 97.113 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 § 97.113 is received by the Administrator.
(b) Except as provided in § 97.112(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 NO
(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 NO
§ 97.115 Delegation by CAIR designated representative and alternate CAIR designated representative.
(a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative:
(i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.115(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.115(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.115 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
Subpart CC – Permits
§ 97.120 General CAIR NOX Annual Trading Program permit requirements.
(a) For each CAIR NO
(b) Each CAIR permit shall contain, with regard to the CAIR NO
§ 97.121 Submission of CAIR permit applications.
(a) Duty to apply. The CAIR designated representative of any CAIR NO
(b) Duty to reapply. For a CAIR NO
§ 97.122 Information requirements for CAIR permit applications.
A complete CAIR permit application shall include the following elements concerning the CAIR NO
(a) Identification of the CAIR NO
(b) Identification of each CAIR NO
(c) The standard requirements under § 97.106.
§ 97.123 CAIR permit contents and term.
(a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under § 97.122.
(b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.102 and, upon recordation by the Administrator under subpart EE, FF, GG, or II of this part, every allocation, transfer, or deduction of a CAIR NO
(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 NO
§ 97.124 CAIR permit revisions.
Except as provided in § 97.123(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 DD [Reserved]
Subpart EE – CAIR NOX Allowance Allocations
§ 97.140 State trading budgets.
The State trading budgets for annual allocations of CAIR NO
| State | State trading budget for 2009-2014 (tons) | State trading budget for 2015 and thereafter (tons) |
|---|---|---|
| Alabama | 69,020 | 57,517 |
| Delaware | 4,166 | 3,472 |
| District of Columbia | 144 | 120 |
| Florida | 99,445 | 82,871 |
| Georgia | 66,321 | 55,268 |
| Illinois | 76,230 | 63,525 |
| Indiana | 108,935 | 90,779 |
| Iowa | 32,692 | 27,243 |
| Kentucky | 83,205 | 69,337 |
| Louisiana | 35,512 | 29,593 |
| Maryland | 27,724 | 23,104 |
| Michigan | 65,304 | 54,420 |
| Minnesota | 31,443 | 26,203 |
| Mississippi | 17,807 | 14,839 |
| Missouri | 59,871 | 49,892 |
| New Jersey | 12,670 | 10,558 |
| New York | 45,617 | 38,014 |
| North Carolina | 62,183 | 51,819 |
| Ohio | 108,667 | 90,556 |
| Pennsylvania | 99,049 | 82,541 |
| South Carolina | 32,662 | 27,219 |
| Tennessee | 50,973 | 42,478 |
| Texas | 181,014 | 150,845 |
| Virginia | 36,074 | 30,062 |
| West Virginia | 74,220 | 61,850 |
| Wisconsin | 40,759 | 33,966 |
| Total | 1,521,707 | 1,268,091 |
§ 97.141 Timing requirements for CAIR NOX allowance allocations.
(a) The Administrator will determine by order the CAIR NO
(b) By July 31, 2011 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO
(c) By July 31, 2009 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO
(d) The Administrator will make available to the public each determination of CAIR NO
§ 97.142 CAIR NOX allowance allocations.
(a)(1) The baseline heat input (in mmBtu) used with respect to CAIR NO
(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 NO
(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 (in Btu) of the steam produced by the 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 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/mmBtu.
(iii) Gross electrical output and total heat energy under paragraph (a)(2)(ii) of this section will be determined based on the best available data reported to the Administrator for the unit (in a format prescribed by the Administrator).
(3) The Administrator will determine what data are the best available data under paragraph (a)(2) of this section by weighing the likelihood that data are accurate and reliable and giving greater weight to data submitted to a governmental entity in compliance with legal requirements or substantiated by an independent entity.
(b)(1) For each control period in 2009 and thereafter, the Administrator will allocate to all CAIR NO
(2) The Administrator will allocate CAIR NO
(c) For each control period in 2009 and thereafter, the Administrator will allocate CAIR NO
(1) The Administrator will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO
(2) The CAIR designated representative of such a CAIR NO
(3) In a CAIR NO
(4) The Administrator will review each CAIR NO
(i) The Administrator will accept an allowance allocation request only if the request meets, or is adjusted by the Administrator as necessary to meet, the requirements of paragraphs (c)(2) and (3) of this section.
(ii) On or after May 1 of the control period, the Administrator will determine the sum of the CAIR NO
(iii) If the amount of CAIR NO
(iv) If the amount of CAIR NO
(v) The Administrator will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO
(d) If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any unallocated CAIR NO
(e) If the Administrator determines that CAIR NO
(1) Except as provided in paragraph (e)(2) or (3) of this section, the Administrator will not record such CAIR NO
(2) If the Administrator already recorded such CAIR NO
(3) If the Administrator already recorded such CAIR NO
(4) The Administrator will transfer the CAIR NO
§ 97.143 Compliance supplement pool.
(a) In addition to the CAIR NO
| State | Compliance supplement pool |
|---|---|
| Alabama | 10,166 |
| Delaware | 843 |
| District of Columbia | 0 |
| Florida | 8,335 |
| Georgia | 12,397 |
| Illinois | 11,299 |
| Indiana | 20,155 |
| Iowa | 6,978 |
| Kentucky | 14,935 |
| Louisiana | 2,251 |
| Maryland | 4,670 |
| Michigan | 8,347 |
| Minnesota | 6,528 |
| Mississippi | 3,066 |
| Missouri | 9,044 |
| New Jersey | 660 |
| New York | 0 |
| North Carolina | 0 |
| Ohio | 25,037 |
| Pennsylvania | 16,009 |
| South Carolina | 2,600 |
| Tennessee | 8,944 |
| Texas | 772 |
| Virginia | 5,134 |
| West Virginia | 16,929 |
| Wisconsin | 4,898 |
| Total | 199,997 |
(b) For any CAIR NO
(1) The owners and operators of such CAIR NO
(2) The CAIR designated representative of such CAIR NO
(c) For any CAIR NO
(1) The CAIR designated representative of such CAIR NO
(2) In the request under paragraph (c)(1) of this section, the CAIR designated representative of such CAIR NO
(i) Obtain a sufficient amount of electricity from other electricity generation facilities, during the installation of control technology at the unit for compliance with the CAIR NO
(ii) Obtain under paragraphs (b) and (d) of this section, or otherwise obtain, a sufficient amount of CAIR NO
(d) The Administrator will review each request under paragraph (b) or (c) of this section submitted by May 1, 2009 and will allocate CAIR NO
(1) Upon receipt of each such request, the Administrator will make any necessary adjustments to the request to ensure that the amount of the CAIR NO
(2) If the State’s compliance supplement pool under paragraph (a) of this section has an amount of CAIR NO
(3) If the State’s compliance supplement pool under paragraph (a) of this section has a smaller amount of CAIR NO
(4) By July 31, 2009, the Administrator will determine by order the allocations under paragraph (d)(2) or (3) of this section. The Administrator will make available to the public each determination of CAIR NO
(5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section.
(a) Notwithstanding §§ 97.141, 97.142, and 97.153 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(1) of this chapter providing for allocation of CAIR NO
(b) Notwithstanding § 97.143, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(2) of this chapter providing for allocation of the State’s compliance supplement pool by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under § 97.143(d)(4) for the CAIR NO
(c)(1) In implementing paragraph (a) of this section and §§ 97.141, 97.142, and 97.153, the Administrator will ensure that the total amount of CAIR NO
(2) In implementing paragraph (b) of this section and § 97.143, the Administrator will ensure that the total amount of CAIR NO
Appendix A to Subpart EE of Part 97 – States With Approved State Implementation Plan Revisions Concerning Allocations
1. The following States have State Implementation Plan revisions under § 51.123(p)(1) of this chapter approved by the Administrator and providing for allocation of CAIR NO
2. The following States have State Implementation Plan revisions under § 51.123(p)(2) of this chapter approved by the Administrator and providing for allocation of the Compliance Supplement Pool by the permitting authority under § 97.144(b):
Subpart FF – CAIR NOX Allowance Tracking System
§ 97.150 [Reserved]
§ 97.151 Establishment of accounts.
(a) Compliance accounts. Except as provided in § 97.184(e), upon receipt of a complete certificate of representation under § 97.113, the Administrator will establish a compliance account for the CAIR NO
(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 NO
(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 authorized account representative to represent their ownership interest with respect to the CAIR NO
(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 CAIR NO
(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 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 and alternate 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 NO
(C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be 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 NO
(iii) The Administrator will accept or act on a submission 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 NO
(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 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 NO
(iii)(A) In the event a person having an ownership interest with respect to CAIR NO
(B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NO
(4) Objections concerning CAIR authorized account representative and alternate 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 alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR NO
(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 alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR NO
(5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (i) A CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FF and GG of this part.
(ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FF and GG of this part.
(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.151(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.151(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.151(b)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
(c) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section.
Following the establishment of a CAIR NO
§ 97.153 Recordation of CAIR NOX allowance allocations.
(a) By September 30, 2007, the Administrator will record in the CAIR NO
(b) By September 30, 2008, the Administrator will record in the CAIR NO
(c) By September 30, 2009, the Administrator will record in the CAIR NO
(d) By December 1, 2010 and December 1 of each year thereafter, the Administrator will record in the CAIR NO
(e) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO
(f) Serial numbers for allocated CAIR NO
§ 97.154 Compliance with CAIR NOX emissions limitation.
(a) Allowance transfer deadline. The CAIR NO
(1) Were allocated for the control period in the year or a prior year; and
(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 NO
(b) Deductions for compliance. Following the recordation, in accordance with § 97.161, of CAIR NO
(1) Until the amount of CAIR NO
(2) If there are insufficient CAIR NO
(c)(1) Identification of CAIR NO
(2) First-in, first-out. The Administrator will deduct CAIR NO
(i) Any CAIR NO
(ii) Any CAIR NO
(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 NO
(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 NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section and subpart II.
(f) Administrator’s action on submissions. (1) The Administrator may review and conduct independent audits concerning any submission under the CAIR NO
(2) The Administrator may deduct CAIR NO
§ 97.155 Banking.
(a) CAIR NO
(b) Any CAIR NO
§ 97.156 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR NO
§ 97.157 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 §§ 97.160 and 97.161 for any CAIR NO
(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 NO
Subpart GG – CAIR NOX Allowance Transfers
§ 97.160 Submission of CAIR NOX allowance transfers.
A CAIR authorized account representative seeking recordation of a CAIR NO
(a) The account numbers for both the transferor and transferee accounts;
(b) The serial number of each CAIR NO
(c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed.
§ 97.161 EPA recordation.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CAIR NO
(1) The transfer is correctly submitted under § 97.160; and
(2) The transferor account includes each CAIR NO
(b) A CAIR NO
(c) Where a CAIR NO
§ 97.162 Notification.
(a) Notification of recordation. Within 5 business days of recordation of a CAIR NO
(b) Notification of non-recordation. Within 10 business days of receipt of a CAIR NO
(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 NO
Subpart HH – Monitoring and Reporting
§ 97.170 General requirements.
The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.171 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator 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 paragraph (a)(1) of this section on and after the following dates.
(1) For the owner or operator of a CAIR NO
(2) For the owner or operator of a CAIR NO
(i) January 1, 2008; or
(ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.
(3) For the owner or operator of a CAIR NO
(4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of 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 II of this part, by the date specified in § 97.184(b).
(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR NO
(c) Reporting data. The owner or operator of a CAIR NO
(d) Prohibitions. (1) No owner or operator of a CAIR NO
(2) No owner or operator of a CAIR NO
(3) No owner or operator of a CAIR NO
(4) No owner or operator of a CAIR NO
(i) During the period that the unit is covered by an exemption under § 97.105 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.171(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CAIR NO
§ 97.171 Initial certification and recertification procedures.
(a) The owner or operator of a CAIR NO
(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 § 97.170(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 NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.170(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 § 97.170(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.170(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. Paragraphs (d)(3)(i) through (iv) of this section apply to both initial certification and recertification of a continuous monitoring system under § 97.170(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 appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.173.
(ii) Certification application. The CAIR designated representative shall submit to the Administrator 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 NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the 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 Administrator 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 Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this 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 Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.172(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(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 system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) 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 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.
§ 97.172 Out of control periods.
(a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.171 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.171 for each disapproved monitoring system.
§ 97.173 Notifications.
The CAIR designated representative for a CAIR NO
§ 97.174 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 § 97.110(e)(1).
(b) Monitoring plans. The owner or operator of a CAIR NO
(c) Certification applications. The CAIR designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.171, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows:
(1) The CAIR designated representative shall report the NO
(i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering January 1, 2008 through March 31, 2008;
(ii) For a unit that commences commercial operation on or 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 § 97.170(b), unless that quarter is the third or fourth quarter of 2007, in which case reporting shall commence in the quarter covering January 1, 2008 through March 31, 2008;
(iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for 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 II of this part, the calendar quarter corresponding to the date specified in § 97.184(b); and
(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR NO
(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 NO
(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 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; and
(2) For a unit with add-on NO
§ 97.175 Petitions.
The CAIR designated representative of a CAIR NO
Subpart II – CAIR NOX Opt-In Units
§ 97.180 Applicability.
A CAIR NO
(a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter establishing procedures concerning CAIR opt-in units;
(b) Is not a CAIR NO
(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 HH of this part.
§ 97.181 General.
(a) Except as otherwise provided in §§ 97.101 through 97.104, §§ 97.106 through 97.108, and subparts BB and CC and subparts FF through HH of this part, a CAIR NO
(b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HH 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 NO
§ 97.182 CAIR designated representative.
Any CAIR NO
§ 97.183 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 NO
(1) A complete CAIR permit application under § 97.122;
(2) A certification, in a format specified by the permitting authority, that the unit:
(i) Is not a CAIR NO
(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 § 97.122;
(3) A monitoring plan in accordance with subpart HH of this part;
(4) A complete certificate of representation under § 97.113 consistent with § 97.182, 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 NO
(b) Duty to reapply. (1) The CAIR designated representative of a CAIR NO
(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO
§ 97.184 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 § 97.183 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator:
(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 § 97.183. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO
(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 NO
(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 NO
(2) To the extent the NO
(c) Baseline heat input. The unit’s baseline heat input shall equal:
(1) If the unit’s NO
(2) If the unit’s NO
(d) Baseline NO
(1) If the unit’s NO
(2) If the unit’s NO
(3) If the unit’s NO
(e) Issuance of CAIR opt-in permit. After calculating the baseline heat input and the baseline NO
(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 NO
(g) Date of entry into CAIR NO
(h) Repowered CAIR NO
(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 NO
§ 97.185 CAIR opt-in permit contents.
(a) Each CAIR opt-in permit will contain:
(1) All elements required for a complete CAIR permit application under § 97.122;
(2) The certification in § 97.183(a)(2);
(3) The unit’s baseline heat input under § 97.184(c);
(4) The unit’s baseline NO
(5) A statement whether the unit is to be allocated CAIR NO
(6) A statement that the unit may withdraw from the CAIR NO
(7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.187.
(b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.102 and, upon recordation by the Administrator under subpart FF or GG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO
(c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NO
§ 97.186 Withdrawal from CAIR NOX Annual Trading Program.
Except as provided under paragraph (g) of this section, a CAIR NO
(a) Requesting withdrawal. In order to withdraw a CAIR NO
(b) Conditions for withdrawal. Before a CAIR NO
(1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO
(2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR NO
(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 NO
(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 of the CAIR NO
(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 NO
(e) Reapplication upon failure to meet conditions of withdrawal. If the permitting authority denies the CAIR NO
(f) Ability to reapply to the CAIR NO
(g) Inability to withdraw. Notwithstanding paragraphs (a) through (f) of this section, a CAIR NO
§ 97.187 Change in regulatory status.
(a) Notification. If a CAIR NO
(b) Permitting authority’s and Administrator’s actions. (1) If a CAIR NO
(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO
(A) Any CAIR NO
(B) If the date on which the CAIR NO
(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO
(3)(i) For every control period after the date on which the CAIR NO
(ii) If the date on which the CAIR NO
(A) The amount of CAIR NO
(B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO
(C) Rounded to the nearest whole allowance as appropriate.
§ 97.188 CAIR NOX allowance allocations to CAIR NOX opt-in units.
(a) Timing requirements. (1) When the CAIR opt-in permit is issued under § 97.184(e), the permitting authority will allocate CAIR NO
(2) By no later than October 31 of the control period after the control period in which a CAIR NO
(b) Calculation of allocation. For each control period for which a CAIR NO
(1) The heat input (in mmBtu) used for calculating the CAIR NO
(i) The CAIR NO
(ii) The CAIR NO
(2) The NO
(i) The CAIR NO
(ii) The most stringent State or Federal NO
(3) The permitting authority will allocate CAIR NO
(c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under § 97.183(a)(5)) providing for, allocation to a CAIR NO
(1) For each control period in 2009 through 2014 for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating CAIR NO
(ii) The NO
(A) The CAIR NO
(B) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(2) For each control period in 2015 and thereafter for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating the CAIR NO
(ii) The NO
(A) 0.15 lb/mmBtu;
(B) The CAIR NO
(C) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(d) Recordation. If provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator:
(1) The Administrator will record, in the compliance account of the source that includes the CAIR NO
(2) By December 1 of the control period in which a CAIR NO
Appendix A to Subpart II of Part 97 – States With Approved State Implementation Plan Revisions Concerning CAIR NOX Opt-In Units
1. The following States have State Implementation Plan revisions under § 51.123(p)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO
2. The following States have State Implementation Plan revisions under § 51.123(p)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO
Subpart AAA – CAIR SO2 Trading Program General Provisions
§ 97.201 Purpose.
This subpart and subparts BBB through III set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) SO
§ 97.202 Definitions.
The terms used in this subpart and subparts BBB through III shall have the meanings set forth in this section as follows:
Account number means the identification number given by the Administrator to each CAIR SO
Acid Rain emissions limitation means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.
Acid Rain Program means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and parts 72 through 78 of this chapter.
Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator’s duly authorized representative.
Allocate or allocation means, with regard to CAIR SO
Allowance transfer deadline means, for a control period, midnight of March 1 (if it is a business day), or midnight of the first business day thereafter (if March 1 is not a business day), immediately following the control period and is the deadline by which a CAIR SO
Alternate CAIR designated representative means, for a CAIR SO
Automated data acquisition and handling system or DAHS means that component of the continuous emission monitoring system, or other emissions monitoring system approved for use under subpart HHH of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by subpart HHH of this part.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is;
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
CAIR authorized account representative means, with regard to a general account, a responsible natural person who is authorized, in accordance with subparts BBB, FFF, and III of this part, to transfer and otherwise dispose of CAIR SO
CAIR designated representative means, for a CAIR SO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR permit means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under subpart CCC of this part, including any permit revisions, specifying the CAIR SO
CAIR SO
(1) For one CAIR SO
(2) For one CAIR SO
(3) For one CAIR SO
(4) An authorization to emit sulfur dioxide that is not issued under the Acid Rain Program, § 97.288, or provisions of a State implementation plan that are approved under § 51.124(o)(1) or (2) or (r) of this chapter shall not be a CAIR SO
CAIR SO
CAIR SO
CAIR SO
CAIR SO
CAIR SO
CAIR SO
CAIR SO
CAIR SO
Certifying official means:
(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act or CAA means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.
Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.
Coal-fired means combusting any amount of coal or coal-derived fuel, alone, or in combination with any amount of any other fuel.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
(1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and
(2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity –
(i) For a topping-cycle cogeneration unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.
(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input;
(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel except biomass if the unit is a boiler.
Combustion turbine means:
(1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.205 and § 97.284(h).
(i) For a unit that is a CAIR SO
(ii) For a unit that is a CAIR SO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.205, for a unit that is not a CAIR SO
(i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Commence operation means:
(1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber, except as provided in § 97.284(h).
(2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.
(3) For a unit that is replaced by a unit at the same source (e.g., repowered) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1), (2), or (3) of this definition as appropriate, except as provided in § 97.284(h).
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means a CAIR SO
Continuous emission monitoring system or CEMS means the equipment required under subpart HHH of this part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of sulfur dioxide emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with part 75 of this chapter. The following systems are the principal types of continuous emission monitoring systems required under subpart HHH of this part:
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A sulfur dioxide monitoring system, consisting of a SO
(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(4) A carbon dioxide monitoring system, consisting of a CO
(5) An oxygen monitoring system, consisting of an O
Control period means the period beginning January 1 of a calendar year, except as provided in § 97.206(c)(2), and ending on December 31 of the same year, inclusive.
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the CAIR designated representative and as determined by the Administrator in accordance with subpart HHH of this part.
Excess emissions means any ton, or portion of a ton, of sulfur dioxide emitted by the CAIR SO
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in any calendar year.
General account means a CAIR SO
Generator means a device that produces electricity.
Heat input means, with regard to a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the CAIR designated representative and determined by the Administrator in accordance with subpart HHH of this part and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Hg Budget Trading Program means a multi-state Hg air pollution control and emission reduction program approved and administered by the Administrator in accordance subpart HHHH of part 60 of this chapter and § 60.24(h)(6), or established by the Administrator under section 111 of the Clean Air Act, as a means of reducing national Hg emissions.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of subpart HHH of this part, including a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Most stringent State or Federal SO
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.
Operator means any person who operates, controls, or supervises a CAIR SO
Owner means any of the following persons:
(1) With regard to a CAIR SO
(i) Any holder of any portion of the legal or equitable title in a CAIR SO
(ii) Any holder of a leasehold interest in a CAIR SO
(iii) Any purchaser of power from a CAIR SO
(2) With regard to any general account, any person who has an ownership interest with respect to the CAIR SO
Permitting authority means the State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the CAIR SO
Potential electrical output capacity means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the permitting authority or the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the permitting authority or the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CAIR SO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent shutdown and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or shutdown unit (the replaced unit).
Repowered means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler:
(1) Atmospheric or pressurized fluidized bed combustion;
(2) Integrated gasification combined cycle;
(3) Magnetohydrodynamics;
(4) Direct and indirect coal-fired turbines;
(5) Integrated gasification fuel cells; or
(6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005.
Sequential use of energy means:
(1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or
(2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.
Serial number means, for a CAIR SO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. For purposes of section 502(c) of the Clean Air Act, a “source,” including a “source” with multiple units, shall be considered a single “facility.”
State means one of the States or the District of Columbia that is subject to the CAIR SO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Title V operating permit means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.
Title V operating permit regulations means the regulations that the Administrator has approved or issued as meeting the requirements of title V of the Clean Air Act and part 70 or 71 of this chapter.
Ton means 2,000 pounds. For the purpose of determining compliance with the CAIR SO
Topping-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.
Unit means a stationary, fossil-fuel-fired boiler or combustion turbine or other stationary, fossil-fuel-fired combustion device. Unit operating day means a calendar day in which a unit combusts any fuel.
Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.
Useful power means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., thermal energy used by an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.203 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart and subparts BBB through III are defined as follows:
§ 97.204 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State shall be CAIR SO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR SO
(b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR SO
(1)(i) Any unit that is a CAIR SO
(A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and
(B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit’s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR SO
(2)(i) Any unit that is a CAIR SO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(ii) Any unit that is a CAIR SO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR SO
(c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR SO
(1) Petition content. The petition shall be in writing and include the identification of the unit and the relevant facts about the unit. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit 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) Submission. The petition and any other documents provided in connection with the petition shall be submitted to the Director of the Clean Air Markets Division (or its successor), U.S. Environmental Protection Agency, who will act on the petition as the Administrator’s duly authorized representative.
(3) Response. The Administrator will issue a written response to the petition and may request supplemental information relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR SO
§ 97.205 Retired unit exemption.
(a)(1) Any CAIR SO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR SO
(3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CCC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section.
(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any sulfur dioxide, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR SO
(4) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 97.222 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2010 or the date on which the unit resumes operation.
(5) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption:
(i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(4) of this section;
(ii) The date on which the CAIR designated representative is required under paragraph (b)(4) of this section to submit a CAIR permit application for the unit; or
(iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit.
(6) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HHH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.206 Standard requirements.
(a) Permit requirements. (1) The CAIR designated representative of each CAIR SO
(i) Submit to the permitting authority a complete CAIR permit application under § 97.222 in accordance with the deadlines specified in § 97.221; and
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit.
(2) The owners and operators of each CAIR SO
(3) Except as provided in subpart III of this part, the owners and operators of a CAIR SO
(b) Monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the CAIR designated representative, of each CAIR SO
(2) The emissions measurements recorded and reported in accordance with subpart HHH of this part shall be used to determine compliance by each CAIR SO
(c) Sulfur dioxide emission requirements. (1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR SO
(2) A CAIR SO
(3) A CAIR SO
(4) CAIR SO
(5) A CAIR SO
(6) A CAIR SO
(7) Upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO
(d) Excess emissions requirements. If a CAIR SO
(1) The owners and operators of the source and each CAIR SO
(2) 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 SO
(i) The certificate of representation under § 97.213 for the CAIR designated representative for the source and each CAIR SO
(ii) All emissions monitoring information, in accordance with subpart HHH of this part, provided that to the extent that subpart HHH 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 SO
(iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR SO
(2) The CAIR designated representative of a CAIR SO
(f) Liability. (1) Each CAIR SO
(2) Any provision of the CAIR SO
(3) Any provision of the CAIR SO
(g) Effect on other authorities. No provision of the CAIR SO
§ 97.207 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CAIR SO
(b) Unless otherwise stated, any time period scheduled, under the CAIR SO
(c) Unless otherwise stated, if the final day of any time period, under the CAIR SO
§ 97.208 Appeal procedures.
The appeal procedures for decisions of the Administrator under the CAIR SO
Subpart BBB – CAIR Designated Representative for CAIR SO2 Sources
§ 97.210 Authorization and responsibilities of CAIR designated representative.
(a) Except as provided under § 97.211, each CAIR SO
(b) The CAIR designated representative of the CAIR SO
(c) Upon receipt by the Administrator of a complete certificate of representation under § 97.213, 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 SO
(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR SO
(e)(1) Each submission under the CAIR SO
(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR SO
§ 97.211 Alternate CAIR designated representative.
(a) A certificate of representation under § 97.213 may 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 § 97.213, 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 §§ 97.202, 97.210(a) and (d), 97.212, 97.213, 97.215, 97.251 and 97.282, whenever the term “CAIR designated representative” is used in subparts AAA through III of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative.
§ 97.212 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 § 97.213. Notwithstanding any such change, all representations, actions, inactions, and submissions by the 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 SO
(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 § 97.213. 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 SO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CAIR SO
(2) Within 30 days following any change in the owners and operators of a CAIR SO
§ 97.213 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 SO
(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 SO
(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 SO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR SO
(iii) “I certify that the owners and operators of the source and of each CAIR SO
(iv) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR SO
(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.
§ 97.214 Objections concerning CAIR designated representative.
(a) Once a complete certificate of representation under § 97.213 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 § 97.213 is received by the Administrator.
(b) Except as provided in § 97.212(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 SO
(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 SO
§ 97.215 Delegation by CAIR designated representative and alternate CAIR designated representative.
(a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative:
(i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.215(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.215(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.215 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
Subpart CCC – Permits
§ 97.220 General CAIR SO2 Trading Program permit requirements.
(a) For each CAIR SO
(b) Each CAIR permit shall contain, with regard to the CAIR SO
§ 97.221 Submission of CAIR permit applications.
(a) Duty to apply. The CAIR designated representative of any CAIR SO
(b) Duty to reapply. For a CAIR SO
§ 97.222 Information requirements for CAIR permit applications.
A complete CAIR permit application shall include the following elements concerning the CAIR SO
(a) Identification of the CAIR SO
(b) Identification of each CAIR SO
(c) The standard requirements under § 97.206.
§ 97.223 CAIR permit contents and term.
(a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all lements required for a complete CAIR permit application under § 97.222.
(b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.202 and, upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO
(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 SO
§ 97.224 CAIR permit revisions.
Except as provided in § 97.223(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.
Subparts DDD-EEE [Reserved]
Subpart FFF – CAIR SO2 Allowance Tracking System
§ 97.250 [Reserved]
§ 97.251 Establishment of accounts.
(a) Compliance accounts. Except as provided in § 97.284(e), upon receipt of a complete certificate of representation under § 97.213, the Administrator will establish a compliance account for the CAIR SO
(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 SO
(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 authorized account representative to represent their ownership interest with respect to the CAIR SO
(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 CAIR SO
(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 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 and alternate 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 SO
(C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be 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 SO
(iii) The Administrator will accept or act on a submission 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 SO
(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 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 SO
(iii)(A) In the event a person having an ownership interest with respect to CAIR SO
(B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR SO
(4) Objections concerning CAIR authorized account representative and alternate 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 alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR SO
(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 alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR SO
(5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (i) A CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFF and GGG of this part.
(ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFF and GGG of this part.
(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative;
(B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.251(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.251 (b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address, unless all delegation of authority by me under 40 CFR 97.251 (b)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
(c) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section.
Following the establishment of a CAIR SO
§ 97.253 Recordation of CAIR SO2 allowances.
(a)(1) After a compliance account is established under § 97.251(a) or § 73.31(a) or (b) of this chapter, the Administrator will record in the compliance account any CAIR SO
(2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 97.254(b), the Administrator will record in the compliance account any CAIR SO
(b)(1) After a general account is established under § 97.251(b) or § 73.31(c) of this chapter, the Administrator will record in the general account any CAIR SO
(2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 97.254(b), the Administrator will record in the general account any CAIR SO
(c) Serial numbers for allocated CAIR SO
§ 97.254 Compliance with CAIR SO2 emissions limitation.
(a) Allowance transfer deadline. The CAIR SO
(1) Were allocated for the control period in the year or a prior year; and
(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 SO
(b) Deductions for compliance. Following the recordation, in accordance with § 97.261, of CAIR SO
(1) For a CAIR SO
(i) Deduct the amount of CAIR SO
(ii) Deduct the amount of CAIR SO
(iii) Treating the CAIR SO
(A) Until the tonnage equivalent of the CAIR SO
(B) If there are insufficient CAIR SO
(2) For a CAIR SO
(i) Until the tonnage equivalent of the CAIR SO
(ii) If there are insufficient CAIR SO
(c)(1) Identification of CAIR SO
(2) First-in, first-out. The Administrator will deduct CAIR SO
(i) Any CAIR SO
(ii) Any CAIR SO
(iii) Any CAIR SO
(iv) Any CAIR SO
(v) Any CAIR SO
(vi) Any CAIR SO
(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 SO
(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 SO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section and subpart III.
(f) Administrator’s action on submissions. (1) The Administrator may review and conduct independent audits concerning any submission under the CAIR SO
(2) The Administrator may deduct CAIR SO
§ 97.255 Banking.
(a) CAIR SO
(b) Any CAIR SO
§ 97.256 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR SO
§ 97.257 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 §§ 97.260 and 97.261 for any CAIR SO
(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 SO
Subpart GGG – CAIR SO2 Allowance Transfers
§ 97.260 Submission of CAIR SO2 allowance transfers.
(a) A CAIR authorized account representative seeking recordation of a CAIR SO
(1) The account numbers of both the transferor and transferee accounts;
(2) The serial number of each CAIR SO
(3) The name and signature of the CAIR authorized account representatives of the transferor and transferee accounts and the dates signed.
(b)(1) The CAIR authorized account representative for the transferee account can meet the requirements in paragraph (a)(3) of this section by submitting, in a format prescribed by the Administrator, a statement signed by the CAIR authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the Administrator receives such statement, is authorized. Such authorization shall be binding on any CAIR authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the Administrator receives a statement signed by the CAIR authorized account representative retracting the authorization for the account.
(2) The statement under paragraph (b)(1) of this section shall include the following: “By this signature I authorize any transfer of allowances into each account listed herein, except that I do not waive any remedies under State or Federal law to obtain correction of any erroneous transfers into such accounts. This authorization shall be binding on any CAIR authorized account representative for such account unless and until a statement signed by the CAIR authorized account representative retracting this authorization for the account is received by the Administrator.”
§ 97.261 EPA recordation.
(a) Within 5 business days (except as necessary to perform a transfer in perpetuity of CAIR SO
(1) The transfer is correctly submitted under § 97.260;
(2) The transferor account includes each CAIR SO
(3) The transfer is in accordance with the limitation on transfer under § 74.42 of this chapter and § 74.47(c) of this chapter, as applicable.
(b) A CAIR SO
(c) Where a CAIR SO
§ 97.262 Notification.
(a) Notification of recordation. Within 5 business days of recordation of a CAIR SO
(b) Notification of non-recordation. Within 10 business days of receipt of a CAIR SO
(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 SO
Subpart HHH – Monitoring and Reporting
§ 97.270 General requirements.
The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR SO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR SO
(1) Install all monitoring systems required under this subpart for monitoring SO
(2) Successfully complete all certification tests required under § 97.271 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator 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 paragraph (a)(1) of this section on and after the following dates.
(1) For the owner or operator of a CAIR SO
(2) For the owner or operator of a CAIR SO
(i) January 1, 2009; or
(ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.
(3) For the owner or operator of a CAIR SO
(4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of 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 III of this part, by the date specified in § 97.284(b).
(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR SO
(c) Reporting data. The owner or operator of a CAIR SO
(d) Prohibitions. (1) No owner or operator of a CAIR SO
(2) No owner or operator of a CAIR SO
(3) No owner or operator of a CAIR SO
(4) No owner or operator of a CAIR SO
(i) During the period that the unit is covered by an exemption under § 97.205 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.271(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CAIR SO
§ 97.271 Initial certification and recertification procedures.
(a) The owner or operator of a CAIR SO
(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 and appendix D 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 § 97.270(a)(1) exempt from initial certification requirements under paragraph (a) of this section.
(c) [Reserved]
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR SO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.270(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 § 97.270(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.270(a)(1) that may significantly affect the ability of the system to accurately measure or record SO
(3) Approval process for initial certification and recertification. Paragraphs (d)(3)(i) through (iv) of this section apply to both initial certification and recertification of a continuous monitoring system under § 97.270(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 appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.273.
(ii) Certification application. The CAIR designated representative shall submit to the Administrator 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 SO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR SO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the 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 Administrator 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 Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this 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 Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.272(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 SO
(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 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 system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) 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 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.
§ 97.272 Out of control periods.
(a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of appendix D 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 § 97.271 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.271 for each disapproved monitoring system.
§ 97.273 Notifications.
The CAIR designated representative for a CAIR SO
(a) General provisions. The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of § 97.210(e)(1).
(b) Monitoring Plans. The owner or operator of a CAIR SO
(c) Certification Applications. The CAIR designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.271, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows:
(1) The CAIR designated representative shall report the SO
(i) For a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009;
(ii) For a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.270(b), unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31, 2009;
(iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for 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 III of this part, the calendar quarter corresponding to the date specified in § 97.284(b); and
(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR SO
(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 § 75.64 of this chapter.
(3) For CAIR SO
(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 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; and
(2) For a unit with add-on SO
§ 97.275 Petitions.
The CAIR designated representative of a CAIR SO
Subpart III – CAIR SO2 Opt-in Units
§ 97.280 Applicability.
A CAIR SO
(a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.124(r)(1), (2), or (3) of this chapter establishing procedures concerning CAIR opt-in units;
(b) Is not a CAIR SO
(c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect and is not an opt-in source under part 74 of this chapter;
(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 HH of this part.
§ 97.281 General.
(a) Except as otherwise provided in §§ 97.201 through 97.204, §§ 97.206 through 97.208, and subparts BBB and CCC and subparts FFF through HHH of this part, a CAIR SO
(b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHH 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 SO
§ 97.282 CAIR designated representative.
Any CAIR SO
§ 97.283 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 SO
(1) A complete CAIR permit application under § 97.222;
(2) A certification, in a format specified by the permitting authority, that the unit:
(i) Is not a CAIR SO
(ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
(iii) Is not and, so long as the unit is a CAIR SO
(iv) Vents all of its emissions to a stack; and
(v) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 97.222;
(3) A monitoring plan in accordance with subpart HHH of this part;
(4) A complete certificate of representation under § 97.213 consistent with § 97.282, 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 SO
(b) Duty to reapply. (1) The CAIR designated representative of a CAIR SO
(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR SO
§ 97.284 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 § 97.183 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.124(r)(1), (2), or (3) of this chapter and approved by the Administrator:
(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 § 97.283. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the SO
(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 SO
(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 SO
(2) To the extent the SO
(c) Baseline heat input. The unit’s baseline heat input shall equal:
(1) If the unit’s SO
(2) If the unit’s SO
(d) Baseline SO
(1) If the unit’s SO
(2) If the unit’s SO
(3) If the unit’s SO
(e) Issuance of CAIR opt-in permit. After calculating the baseline heat input and the baseline SO
(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 SO
(g) Date of entry into CAIR SO
(h) Repowered CAIR SO
(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 SO
§ 97.285 CAIR opt-in permit contents.
(a) Each CAIR opt-in permit will contain:
(1) All elements required for a complete CAIR permit application under § 97.222;
(2) The certification in § 97.283(a)(2);
(3) The unit’s baseline heat input under § 97.284(c);
(4) The unit’s baseline SO
(5) A statement whether the unit is to be allocated CAIR SO
(6) A statement that the unit may withdraw from the CAIR SO
(7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.287.
(b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.202 and, upon recordation by the Administrator under subpart FFF or GGG of this part or this subpart, every allocation, transfer, or deduction of CAIR SO
(c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR SO
§ 97.286 Withdrawal from CAIR SO2 Trading Program.
Except as provided under paragraph (g) of this section, a CAIR SO
(a) Requesting withdrawal. In order to withdraw a CAIR SO
(b) Conditions for withdrawal. Before a CAIR SO
(1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR SO
(2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR SO
(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 SO
(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 of the CAIR SO
(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 SO
(e) Reapplication upon failure to meet conditions of withdrawal. If the permitting authority denies the CAIR SO
(f) Ability to reapply to the CAIR SO
(g) Inability to withdraw. Notwithstanding paragraphs (a) through (f) of this section, a CAIR SO
§ 97.287 Change in regulatory status.
(a) Notification. If a CAIR SO
(b) Permitting authority’s and Administrator’s actions. (1) If a CAIR SO
(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR SO
(A) Any CAIR SO
(B) If the date on which the CAIR SO
(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR SO
§ 97.288 CAIR SO2 allowance allocations to CAIR SO2 opt-in units.
(a) Timing requirements. (1) When the CAIR opt-in permit is issued under § 97.284(e), the permitting authority will allocate CAIR SO
(2) By no later than October 31 of the control period after the control period in which a CAIR SO
(b) Calculation of allocation. For each control period for which a CAIR SO
(1) The heat input (in mmBtu) used for calculating the CAIR SO
(i) The CAIR SO
(ii) The CAIR SO
(2) The SO
(i) The CAIR SO
(ii) The most stringent State or Federal SO
(3) The permitting authority will allocate CAIR SO
(c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under § 97.283(a)(5)) providing for, allocation to a CAIR SO
(1) For each control period in 2010 through 2014 for which the CAIR SO
(i) The heat input (in mmBtu) used for calculating CAIR SO
(ii) The SO
(A) The CAIR SO
(B) The most stringent State or Federal SO
(iii) The permitting authority will allocate CAIR SO
(2) For each control period in 2015 and thereafter for which the CAIR SO
(i) The heat input (in mmBtu) used for calculating the CAIR SO
(ii) The SO
(A) The CAIR SO
(B) The most stringent State or Federal SO
(iii) The permitting authority will allocate CAIR SO
(d) Recordation. If provided in a State implementation plan revision submitted in accordance with § 51.124(r)(1), (2), or (3) of this chapter and approved by the Administrator:
(1) The Administrator will record, in the compliance account of the source that includes the CAIR SO
(2) By December 1 of the control period in which a CAIR SO
Appendix A to Subpart III of Part 97 – States With Approved State Implementation Plan Revisions Concerning CAIR SO2 Opt-In Units
1. The following States have State Implementation Plan revisions under § 51.124(r) of this chapter approved by the Administrator and establishing procedures providing for CAIR SO
2. The following States have State Implementation Plan revisions under § 51.124(r) of this chapter approved by the Administrator and establishing procedures providing for CAIR SO
Subpart AAAA – CAIR NOX Ozone Season Trading Program General Provisions
§ 97.301 Purpose.
§ 97.302 Definitions.
The terms used in this subpart and subparts BBBB through IIII shall have the meanings set forth in this section as follows:
Account number means the identification number given by the Administrator to each CAIR NO
Acid Rain emissions limitation means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.
Acid Rain Program means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and parts 72 through 78 of this chapter.
Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator’s duly authorized representative.
Allocate or allocation means, with regard to CAIR NO
Allowance transfer deadline means, for a control period, midnight of November 30 (if it is a business day), or midnight of the first business day thereafter (if November 30 is not a business day), immediately following the control period and is the deadline by which a CAIR NO
Alternate CAIR designated representative means, for a CAIR NO
Automated data acquisition and handling system or DAHS means that component of the continuous emission monitoring system, or other emissions monitoring system approved for use under subpart HHHH of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by subpart HHHH of this part.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other nonmerchantable material, and that is;
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil-or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
CAIR authorized account representative means, with regard to a general account, a responsible natural person who is authorized, in accordance with subparts BBBB, FFFF, and IIII of this part, to transfer and otherwise dispose of CAIR NO
CAIR designated representative means, for a CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR NO
CAIR permit means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under subpart CCCC of this part, including any permit revisions, specifying the CAIR NO
CAIR SO
CAIR SO
Certifying official means:
(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, Federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act or CAA means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.
Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.
Coal-fired means:
(1) Except for purposes of subpart EEEE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year; or
(2) For purposes of subpart EEEE of this part, combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during a specified year.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:
(1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and
(2) Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity –
(i) For a topping-cycle cogeneration unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.
(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input;
(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel except biomass if the unit is a boiler.
Combustion turbine means:
(1) An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the enclosed device under paragraph (1) of this definition is combined cycle, any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.305 and § 97.384(h).
(i) For a unit that is a CAIR NO
(ii) For a unit that is a CAIR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.305, for a unit that is not a CAIR NO
(i) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1), (2), or (3) of this definition as appropriate.
(3) Notwithstanding paragraphs (1) and (2) of this definition, for a unit not serving a generator producing electricity for sale, the unit’s date of commencement of operation shall also be the unit’s date of commencement of commercial operation.
Commence operation means:
(1) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber, except as provided in § 97.384(h).
(i) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit that is replaced by a unit at the same source (e.g., repowered) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1) or (2) of this definition as appropriate, except as provided in § 97.384(h).
(2) Notwithstanding paragraph (1) of this definition and solely for purposes of subpart HHHH of this part, for a unit that is not a CAIR NO
(i) For a unit with a date for commencement of operation as defined in paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of operation as defined in paragraph (2) of this definition and that is subsequently replaced by a unit at the same source (e.g., repowered), such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means a CAIR NO
Continuous emission monitoring system or CEMS means the equipment required under subpart HHHH of this part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of nitrogen oxides emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration (as applicable), in a manner consistent with part 75 of this chapter. The following systems are the principal types of continuous emission monitoring systems required under subpart HHHH of this part:
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A nitrogen oxides concentration monitoring system, consisting of a NO
(3) A nitrogen oxides emission rate (or NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A carbon dioxide monitoring system, consisting of a CO
(6) An oxygen monitoring system, consisting of an O
Control period or ozone season means the period beginning May 1 of a calendar year, except as provided in § 97.306(c)(2) and ending on September 30 of the same year, inclusive.
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the CAIR designated representative and as determined by the Administrator in accordance with subpart HHHH of this part.
Excess emissions means any ton of nitrogen oxides emitted by the CAIR NO
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in any calendar year.
Fuel oil means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state.
General account means a CAIR NO
Generator means a device that produces electricity.
Gross electrical output means, with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Heat input means, with regard to a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) divided by 1,000,000 Btu/mmBtu and multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the CAIR designated representative and determined by the Administrator in accordance with subpart HHHH of this part and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.
Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Hg Budget Trading Program means a multi-state Hg air pollution control and emission reduction program approved and administered by the Administrator in accordance subpart HHHH of part 60 of this chapter and § 60.24(h)(6), or established by the Administrator under section 111 of the Clean Air Act, as a means of reducing national Hg emissions.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of subpart HHHH of this part, including a continuous emissions monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Most stringent State or Federal NO
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.
Oil-fired means, for purposes of subpart EEEE of this part, combusting fuel oil for more than 15.0 percent of the annual heat input in a specified year and not qualifying as coal-fired.
Operator means any person who operates, controls, or supervises a CAIR NO
Owner means any of the following persons:
(1) With regard to a CAIR NO
(i) Any holder of any portion of the legal or equitable title in a CAIR NO
(ii) Any holder of a leasehold interest in a CAIR NO
(iii) Any purchaser of power from a CAIR NO
(2) With regard to any general account, any person who has an ownership interest with respect to the CAIR NO
Permitting authority means the State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the CAIR NO
Potential electrical output capacity means 33 percent of a unit(s maximum design heat input, divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the permitting authority or the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the permitting authority or the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CAIR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent shutdown and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or shutdown unit (the replaced unit).
Repowered means, with regard to a unit, replacement of a coal-fired boiler with one of the following coal-fired technologies at the same source as the coal-fired boiler:
(1) Atmospheric or pressurized fluidized bed combustion;
(2) Integrated gasification combined cycle;
(3) Magnetohydrodynamics;
(4) Direct and indirect coal-fired turbines;
(5) Integrated gasification fuel cells; or
(6) As determined by the Administrator in consultation with the Secretary of Energy, a derivative of one or more of the technologies under paragraphs (1) through (5) of this definition and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005.
Sequential use of energy means:
(1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or
(2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.
Serial number means, for a CAIR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. For purposes of section 502(c) of the Clean Air Act, a “source,” including a “source” with multiple units, shall be considered a single “facility.”
State means one of the States or the District of Columbia that is subject to the CAIR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery. Compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Title V operating permit means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.
Title V operating permit regulations means the regulations that the Administrator has approved or issued as meeting the requirements of title V of the Clean Air Act and part 70 or 71 of this chapter.
Ton means 2,000 pounds. For the purpose of determining compliance with the CAIR NO
Topping-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.
Unit means a stationary, fossil-fuel-fired boiler or combustion turbine or other stationary, fossil-fuel-fired combustion device.
Unit operating day means a calendar day in which a unit combusts any fuel.
Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.
Useful power means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., thermal energy used by an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.303 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart and subparts BBBB through IIII are defined as follows:
§ 97.304 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State shall be CAIR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR NO
(b) The units in a State that meet the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be CAIR NO
(1)(i) Any unit that is a CAIR NO
(A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and
(B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit’s combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit(s potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO
(2)(i) Any unit that is a CAIR NO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for 1985-1987 exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(ii) Any unit that is a CAIR NO
(A) Qualifying as a solid waste incineration unit; and
(B) With an average annual fuel consumption of non-fossil fuel for the first 3 calendar years of operation exceeding 80 percent (on a Btu basis) and an average annual fuel consumption of non-fossil fuel for any 3 consecutive calendar years after 1990 exceeding 80 percent (on a Btu basis).
(iii) If a unit qualifies as a solid waste incineration unit and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets all such requirements, the unit shall become a CAIR NO
(c) A certifying official of an owner or operator of any unit may petition the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit and the relevant facts about the unit. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit 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) Submission. The petition and any other documents provided in connection with the petition shall be submitted to the Director of the Clean Air Markets Division (or its successor), U.S. Environmental Protection Agency, who will act on the petition as the Administrator’s duly authorized representative.
(3) Response. The Administrator will issue a written response to the petition and may request supplemental information relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CAIR NO
(d) Notwithstanding paragraphs (a) and (b) of this section, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(1) of this chapter providing for the inclusion in the CAIR NO
§ 97.305 Retired unit exemption.
(a)(1) Any CAIR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR NO
(3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CCCC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section.
(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect.
(2) The Administrator or the permitting authority will allocate CAIR NO
(3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(4) The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CAIR NO
(5) A unit exempt under paragraph (a) of this section and located at a source that is required, or but for this exemption would be required, to have a title V operating permit shall not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under § 97.322 for the unit not less than 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the unit resumes operation.
(6) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption:
(i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(5) of this section;
(ii) The date on which the CAIR designated representative is required under paragraph (b)(5) of this section to submit a CAIR permit application for the unit; or
(iii) The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit.
(7) For the purpose of applying monitoring, reporting, and recordkeeping requirements under subpart HHHH of this part, a unit that loses its exemption under paragraph (a) of this section shall be treated as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.306 Standard requirements.
(a) Permit requirements. (1) The CAIR designated representative of each CAIR NO
(i) Submit to the permitting authority a complete CAIR permit application under § 97.322 in accordance with the deadlines specified in § 97.321; and
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit.
(2) The owners and operators of each CAIR NO
(3) Except as provided in subpart IIII of this part, the owners and operators of a CAIR NO
(b) Monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the CAIR designated representative, of each CAIR NO
(2) The emissions measurements recorded and reported in accordance with subpart HHHH of this part shall be used to determine compliance by each CAIR NO
(c) Nitrogen oxides ozone season emission requirements. (1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR NO
(2) A CAIR NO
(3) A CAIR NO
(4) CAIR NO
(5) A CAIR NO
(6) A CAIR NO
(7) Upon recordation by the Administrator under subpart EEEE, FFFF, GGGG, or IIII of this part, every allocation, transfer, or deduction of a CAIR NO
(d) Excess emissions requirements. If a CAIR NO
(1) The owners and operators of the source and each CAIR NO
(2) 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 NO
(i) The certificate of representation under § 97.313 for the CAIR designated representative for the source and each CAIR NO
(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 NO
(iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO
(2) The CAIR designated representative of a CAIR NO
(f) Liability. (1) Each CAIR NO
(2) Any provision of the CAIR NO
(3) Any provision of the CAIR NO
(g) Effect on other authorities. No provision of the CAIR NO
§ 97.307 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CAIR NO
(b) Unless otherwise stated, any time period scheduled, under the CAIR NO
(c) Unless otherwise stated, if the final day of any time period, under the CAIR NO
§ 97.308 Appeal procedures.
The appeal procedures for decisions of the Administrator under the CAIR NO
Appendix A to Subpart AAAA of Part 97 – States With Approved State Implementation Plan Revisions Concerning Applicability
The following States have State Implementation Plan revisions under § 51.123(ee)(1) of this chapter approved by the Administrator and providing for expansion of the applicability provisions to include all non-EGUs subject to the respective State’s emission trading program approved under § 51.121(p) of this chapter:
Subpart BBBB – CAIR Designated Representative for CAIR NOX Ozone Season Sources
§ 97.310 Authorization and responsibilities of CAIR designated representative.
(a) Except as provided under § 97.311, each CAIR NO
(b) The CAIR designated representative of the CAIR NO
(c) Upon receipt by the Administrator of a complete certificate of representation under § 97.313, 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 NO
(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NO
(e)(1) Each submission under the CAIR NO
(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a CAIR NO
§ 97.311 Alternate CAIR designated representative.
(a) A certificate of representation under § 97.313 may 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 § 97.313, 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 §§ 97.302, 97.310(a) and (d), 97.312, 97.313, 97.315, 97.351, and 97.382, whenever the term “CAIR designated representative” is used in subparts AAAA through IIII of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative.
§ 97.312 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 § 97.313. Notwithstanding any such change, all representations, actions, inactions, and submissions by the 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 NO
(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 § 97.313. 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 NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CAIR NO
(2) Within 30 days following any change in the owners and operators of a CAIR NO
§ 97.313 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 NO
(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 NO
(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 NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO
(iii) “I certify that the owners and operators of the source and of each CAIR NO
(iv) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NO
(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.
§ 97.314 Objections concerning CAIR designated representative.
(a) Once a complete certificate of representation under § 97.313 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 § 97.313 is received by the Administrator.
(b) Except as provided in § 97.312(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 NO
(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 NO
§ 97.315 Delegation by CAIR designated representative and alternate CAIR designated representative.
(a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part.
(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative:
(i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.315(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.315(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.315 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
Subpart CCCC – Permits
§ 97.320 General CAIR NOX Ozone Season Trading Program permit requirements.
(a) For each CAIR NO
(b) Each CAIR permit shall contain, with regard to the CAIR NO
§ 97.321 Submission of CAIR permit applications.
(a) Duty to apply. The CAIR designated representative of any CAIR NO
(b) Duty to reapply. For a CAIR NO
§ 97.322 Information requirements for CAIR permit applications.
A complete CAIR permit application shall include the following elements concerning the CAIR NO
(a) Identification of the CAIR NO
(b) Identification of each CAIR NO
(c) The standard requirements under § 97.306.
§ 97.323 CAIR permit contents and term.
(a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under § 97.322.
(b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.302 and, upon recordation by the Administrator under subpart EEEE, FFFF, GGGG, or IIII of this part, every allocation, transfer, or deduction of a CAIR NO
(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 NO
§ 97.324 CAIR permit revisions.
Except as provided in § 97.323(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
§ 97.340 State trading budgets.
(a) Except as provided in paragraph (b) of this section, the State trading budgets for annual allocations of CAIR NO
| State | State trading budget for 2009-2014 (tons) | State trading budget for 2015 and thereafter (tons) |
|---|---|---|
| Alabama | 32,182 | 26,818 |
| Arkansas | 11,515 | 9,597 |
| 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) Upon approval by the Administrator of a State’s State implementation plan revision under § 51.123(ee)(1) of this chapter providing for the inclusion in the CAIR NO
§ 97.341 Timing requirements for CAIR NOX Ozone Season allowance allocations.
(a) The Administrator will determine by order the CAIR NO
(b) By July 31, 2011 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO
(c) By April 30, 2009 and April 30 of each year thereafter, the Administrator will determine by order the CAIR NO
(d) The Administrator will make available to the public each determination of CAIR NO
§ 97.342 CAIR NOX Ozone Season allowance allocations.
(a)(1) The baseline heat input (in mmBtu) used with respect to CAIR NO
(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 NO
(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 (in Btu) of the steam produced by the 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 3,413 Btu/kWh, plus the total heat energy (in Btu) of the steam produced by any associated heat recovery steam generator during the control period divided by 0.8, and with the sum divided by 1,000,000 Btu/mmBtu.
(iii) Gross electrical output and total heat energy under paragraph (a)(2)(ii) of this section will be determined based on the best available data reported to the Administrator for the unit (in a format prescribed by the Administrator).
(3) The Administrator will determine what data are the best available data under paragraph (a)(2) of this section by weighing the likelihood that data are accurate and reliable and giving greater weight to data submitted to a governmental entity in compliance with legal requirements or substantiated by an independent entity.
(b)(1) For each control period in 2009 and thereafter, the Administrator will allocate to all CAIR NO
(2) The Administrator will allocate CAIR NO
(c) For each control period in 2009 and thereafter, the Administrator will allocate CAIR NO
(1) The Administrator will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO
(2) The CAIR designated representative of such a CAIR NO
(3) In a CAIR NO
(4) The Administrator will review each CAIR NO
(i) The Administrator will accept an allowance allocation request only if the request meets, or is adjusted by the Administrator as necessary to meet, the requirements of paragraphs (c)(2) and (3) of this section.
(ii) On or after February 1 before the control period, the Administrator will determine the sum of the CAIR NO
(iii) If the amount of CAIR NO
(iv) If the amount of CAIR NO
(v) The Administrator will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO
(d) If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any unallocated CAIR NO
(e) If the Administrator determines that CAIR NO
(1) Except as provided in paragraph (e)(2) or (3) of this section, the Administrator will not record such CAIR NO
(2) If the Administrator already recorded such CAIR NO
(3) If the Administrator already recorded such CAIR NO
(4) The Administrator will transfer the CAIR NO
(a) Notwithstanding §§ 97.341, 97.342, and 97.353 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(2) of this chapter providing for allocation of CAIR NO
(b) In implementing paragraph (a) of this section and §§ 97.341, 97.342, and 97.353, the Administrator will ensure that the total amount of CAIR NO
Appendix A to Subpart EEEE of Part 97 – States With Approved State Implementation Plan Revisions Concerning Allocations
The following States have State Implementation Plan revisions under § 51.123(ee)(2) of this chapter approved by the Administrator and providing for allocation of CAIR NO
Subpart FFFF – CAIR NOX Ozone Season Allowance Tracking System
§ 97.350 [Reserved]
§ 97.351 Establishment of accounts.
(a) Compliance accounts. Except as provided in § 97.384(e), upon receipt of a complete certificate of representation under § 97.313, the Administrator will establish a compliance account for the CAIR NO
(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 NO
(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 authorized account representative to represent their ownership interest with respect to the CAIR NO
(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 CAIR NO
(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 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 and alternate 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 NO
(C) Any representation, action, inaction, or submission by any alternate CAIR authorized account representative shall be 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 NO
(iii) The Administrator will accept or act on a submission 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 NO
(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 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 NO
(iii)(A) In the event a person having an ownership interest with respect to CAIR NO
(B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NO
(4) Objections concerning CAIR authorized account representative and alternate 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 alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR NO
(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 alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR NO
(5) Delegation by CAIR authorized account representative and alternate CAIR authorized account representative. (i) A CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFFF and GGGG of this part.
(ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFFF and GGGG of this part.
(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR authorized account representative or alternate CAIR authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR authorized account representative or alternate CAIR authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.351(b)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.351(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.351(b)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the CAIR authorized account representative or alternate CAIR authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such CAIR authorized account representative or alternate CAIR authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.
(c) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section.
Following the establishment of a CAIR NO
§ 97.353 Recordation of CAIR NOX Ozone Season allowance allocations.
(a) By September 30, 2007, the Administrator will record in the CAIR NO
(b) By September 30, 2008, the Administrator will record in the CAIR NO
(c) By September 30, 2009, the Administrator will record in the CAIR NO
(d) By December 1, 2010 and December 1 of each year thereafter, the Administrator will record in the CAIR NO
(e) By September 1, 2009 and September 1 of each year thereafter, the Administrator will record in the CAIR NO
(f) Serial numbers for allocated CAIR NO
§ 97.354 Compliance with CAIR NOX emissions limitation.
(a) Allowance transfer deadline. The CAIR NO
(1) Were allocated for the control period in the year or a prior year; and
(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 NO
(b) Deductions for compliance. Following the recordation, in accordance with § 97.361, of CAIR NO
(1) Until the amount of CAIR NO
(2) If there are insufficient CAIR NO
(c)(1) Identification of CAIR NO
(2) First-in, first-out. The Administrator will deduct CAIR NO
(i) Any CAIR NO
(ii) Any CAIR NO
(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 NO
(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 NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section and subpart IIII.
(f) Administrator(s action on submissions. (1) The Administrator may review and conduct independent audits concerning any submission under the CAIR NO
(2) The Administrator may deduct CAIR NO
§ 97.355 Banking.
(a) CAIR NO
(b) Any CAIR NO
§ 97.356 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR NO
§ 97.357 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 §§ 97.360 and 97.361 for any CAIR NO
(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 NO
Subpart GGGG – CAIR NOX Ozone Season Allowance Transfers
§ 97.360 Submission of CAIR NOX Ozone Season allowance transfers.
A CAIR authorized account representative seeking recordation of a CAIR NO
(a) The account numbers for both the transferor and transferee accounts;
(b) The serial number of each CAIR NO
(c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed.
§ 97.361 EPA recordation.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CAIR NO
(1) The transfer is correctly submitted under § 97.360; and
(2) The transferor account includes each CAIR NO
(b) A CAIR NO
(c) Where a CAIR NO
§ 97.362 Notification.
(a) Notification of recordation. Within 5 business days of recordation of a CAIR NO
(b) Notification of non-recordation. Within 10 business days of receipt of a CAIR NO
(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 NO
Subpart HHHH – Monitoring and Reporting
§ 97.370 General requirements.
The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.371 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. Except as provided in paragraph (e) of this section, 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 paragraph (a)(1) of this section on and after the following dates.
(1) For the owner or operator of a CAIR NO
(2) For the owner or operator of a CAIR NO
(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.
(3) For the owner or operator of a CAIR NO
(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) of this section is not during a control period, May 1 immediately following the compliance date under paragraph (b)(3)(i) of this section.
(4) For the owner or operator of a CAIR NO
(5) For the owner or operator of a CAIR NO
(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 NO
(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 which a CAIR NO
(7) Notwithstanding the dates in paragraphs (b)(1), (2), and (3) of this section, for the owner or operator of a CAIR NO
(c) Reporting data. The owner or operator of a CAIR NO
(d) Prohibitions. (1) No owner or operator of a CAIR NO
(2) No owner or operator of a CAIR NO
(3) No owner or operator of a CAIR NO
(4) No owner or operator of a CAIR NO
(i) During the period that the unit is covered by an exemption under § 97.305 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 Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.371(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CAIR NO
§ 97.371 Initial certification and recertification procedures.
(a) The owner or operator of a CAIR NO
(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 § 97.370(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 NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.370(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 § 97.370(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.370(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. Paragraphs (d)(3)(i) through (iv) of this section apply to both initial certification and recertification of a continuous monitoring system under § 97.370(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 appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.373.
(ii) Certification application. The CAIR designated representative shall submit to the Administrator 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 NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the 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 Administrator 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 Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this 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 Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.372(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(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 system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) 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 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.
§ 97.372 Out of control periods.
(a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.371 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 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 Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.371 for each disapproved monitoring system.
§ 97.373 Notifications.
The CAIR designated representative for a CAIR NO
§ 97.374 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 § 97.310(e)(1).
(b) Monitoring Plans. The owner or operator of a CAIR NO
(c) Certification Applications. The CAIR designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.371, 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 NO
(i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;
(ii) For a unit that commences commercial operation on or 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 § 97.370(b), unless that quarter is the third or fourth quarter of 2007 or the first quarter of 2008, in which case reporting shall commence in the quarter covering May 1, 2008 through June 30, 2008;
(iii) Notwithstanding paragraphs (d)(1) (i) and (ii) of this section, for 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 calendar quarter corresponding to the date specified in § 97.384(b); and
(iv) Notwithstanding paragraphs (d)(1) (i) and (ii) of this section, for a CAIR NO
(2) If the CAIR NO
(i) Meet the requirements of subpart H of part 75 (concerning monitoring of NO
(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 NO
(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 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 § 97.370(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;
(C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for 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 calendar quarter corresponding to the date specified in § 97.384(b); and
(D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NO
(3) 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.
(4) For CAIR NO
(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 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 NO
(3) For a unit that is reporting on a control period basis under paragraph (d)(2)(ii) of this section, the NO
§ 97.375 Petitions.
The CAIR designated representative of a CAIR NO
Subpart IIII – CAIR NOX Ozone Season Opt-in Units
§ 97.380 Applicability.
A CAIR NO
(a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(ee)(3) (i), (ii), or (iii) of this chapter establishing procedures concerning CAIR Ozone Season opt-in units;
(b) Is not a CAIR NO
(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.
§ 97.381 General.
(a) Except as otherwise provided in §§ 97.301 through 97.304, §§ 97.306 through 97.308, and subparts BBBB and CCCC and subparts FFFF through HHHH of this part, a CAIR NO
(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 NO
§ 97.382 CAIR designated representative.
Any CAIR NO
§ 97.383 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 NO
(1) A complete CAIR permit application under § 97.322;
(2) A certification, in a format specified by the permitting authority, that the unit:
(i) Is not a CAIR NO
(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 § 97.322;
(3) A monitoring plan in accordance with subpart HHHH of this part;
(4) A complete certificate of representation under § 97.313 consistent with § 97.382, 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 NO
(b) Duty to reapply. (1) The CAIR designated representative of a CAIR NO
(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO
§ 97.384 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 § 97.383 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.123(ee)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator:
(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 § 97.383. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO
(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 NO
(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 NO
(2) To the extent the NO
(c) Baseline heat input. The unit’s baseline heat input shall equal:
(1) If the unit’s NO
(2) If the unit’s NO
(d) Baseline NO
(1) If the unit’s NO
(2) If the unit’s NO
(3) If the unit’s NO
(e) Issuance of CAIR opt-in permit. After calculating the baseline heat input and the baseline NO
(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 NO
(g) Date of entry into CAIR NO
(h) Repowered CAIR NO
(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 NO
§ 97.385 CAIR opt-in permit contents.
(a) Each CAIR opt-in permit will contain:
(1) All elements required for a complete CAIR permit application under § 97.322;
(2) The certification in § 97.383(a)(2);
(3) The unit’s baseline heat input under § 97.384(c);
(4) The unit’s baseline NO
(5) A statement whether the unit is to be allocated CAIR NO
(6) A statement that the unit may withdraw from the CAIR NO
(7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.387.
(b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.302 and, upon recordation by the Administrator under subpart FFFF or GGGG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO
(c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NO
§ 97.386 Withdrawal from CAIR NOX Ozone Season Trading Program.
Except as provided under paragraph (g) of this section, a CAIR NO
(a) Requesting withdrawal. In order to withdraw a CAIR NO
(b) Conditions for withdrawal. Before a CAIR NO
(1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO
(2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the CAIR NO
(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 NO
(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 of the CAIR NO
(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 NO
(e) Reapplication upon failure to meet conditions of withdrawal. If the permitting authority denies the CAIR NO
(f) Ability to reapply to the CAIR NO
(g) Inability to withdraw. Notwithstanding paragraphs (a) through (f) of this section, a CAIR NO
§ 97.387 Change in regulatory status.
(a) Notification. If a CAIR NO
(b) Permitting authority’s and Administrator’s actions. (1) If a CAIR NO
(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO
(A) Any CAIR NO
(B) If the date on which the CAIR NO
(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO
(3)(i) For every control period after the date on which the CAIR NO
(ii) If the date on which the CAIR NO
(A) The amount of CAIR NO
(B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO
(C) Rounded to the nearest whole allowance as appropriate.
§ 97.388 CAIR NOX Ozone Season allowance allocations to CAIR NOX Ozone Season opt-in units.
(a) Timing requirements. (1) When the CAIR opt-in permit is issued under § 97.384(e), the permitting authority will allocate CAIR NO
(2) By no later than July 31 of the control period after the control period in which a CAIR NO
(b) Calculation of allocation. For each control period for which a CAIR NO
(1) The heat input (in mmBtu) used for calculating the CAIR NO
(i) The CAIR NO
(ii) The CAIR NO
(2) The NO
(i) The CAIR NO
(ii) The most stringent State or Federal NO
(3) The permitting authority will allocate CAIR NO
(c) Notwithstanding paragraph (b) of this section and if the CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit (based on a demonstration of the intent to repower stated under § 97.383 (a)(5)) providing for, allocation to a CAIR NO
(1) For each control period in 2009 through 2014 for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating CAIR NO
(ii) The NO
(A) The CAIR NO
(B) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(2) For each control period in 2015 and thereafter for which the CAIR NO
(i) The heat input (in mmBtu) used for calculating the CAIR NO
(ii) The NO
(A) 0.15 lb/mmBtu;
(B) The CAIR NO
(C) The most stringent State or Federal NO
(iii) The permitting authority will allocate CAIR NO
(d) Recordation. If provided in a State implementation plan revision submitted in accordance with § 51.123(ee)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator:
(1) The Administrator will record, in the compliance account of the source that includes the CAIR NO
(2) By September 1 of the control period in which a CAIR NO
Appendix A to Subpart IIII of Part 97 – States With Approved State Implementation Plan Revisions Concerning CAIR NOX Ozone Season Opt-in Units
1. The following States have State Implementation Plan revisions under § 51.123(ee)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO
2. The following States have State Implementation Plan revisions under § 51.123(ee)(3) of this chapter approved by the Administrator and establishing procedures providing for CAIR NO
Subpart AAAAA – CSAPR NOX Annual Trading Program
§ 97.401 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO
§ 97.402 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR NO
(1) A CSAPR NO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR NO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR NO
Allowance transfer deadline means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR NO
Alternate designated representative means, for a CSAPR NO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.425(b)(3) for certain owners and operators of a group of one or more CSAPR NO
Auction means, with regard to CSAPR NO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR NO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.405.
(i) For a unit that is a CSAPR NO
(ii) For a unit that is a CSAPR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.405, for a unit that is not a CSAPR NO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.413(a) and 97.415(a) as the designated representative for a group of one or more CSAPR NO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.406(c)(2)(iii), the amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of NO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR NO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A NO
(3) A NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A CO
(6) An O
Control period means the period starting January 1 of a calendar year, except as provided in § 97.406(c)(3), and ending on December 31 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
CSAPR SO
Designated representative means, for a CSAPR NO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR NO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.404(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR NO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR NO
Owner means, for a CSAPR NO
(1) Any holder of any portion of the legal or equitable title in a CSAPR NO
(2) Any holder of a leasehold interest in a CSAPR NO
(3) Any purchaser of power from a CSAPR NO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.403 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.404 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(a)(4) or (5) of this chapter, of the CSAPR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR NO
§ 97.405 Retired unit exemption.
(a)(1) Any CSAPR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.406 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.413 through 97.418.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR NO
(2) The emissions data determined in accordance with §§ 97.430 through 97.435 shall be used to calculate allocations of CSAPR NO
(c) NO
(ii) If total NO
(A) The owners and operators of the source and each CSAPR NO
(B) The owners and operators of the source and each CSAPR NO
(2) CSAPR NO
(A) The quotient of the amount by which the common designated representative’s share of such NO
(B) The amount by which total NO
(ii) The owners and operators shall hold the CSAPR NO
(iii) Total NO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO
(v) To the extent the owners and operators fail to hold CSAPR NO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR NO
(3) Compliance periods. (i) A CSAPR NO
(ii) A CSAPR NO
(4) Vintage of CSAPR NO
(ii) A CSAPR NO
(5) Allowance Management System requirements. Each CSAPR NO
(6) Limited authorization. A CSAPR NO
(i) Such authorization shall only be used in accordance with the CSAPR NO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR NO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR NO
(2) A description of whether a unit is required to monitor and report NO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR NO
(i) The certificate of representation under § 97.416 for the designated representative for the source and each CSAPR NO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO
(2) The designated representative of a CSAPR NO
(f) Liability. (1) Any provision of the CSAPR NO
(2) Any provision of the CSAPR NO
(g) Effect on other authorities. No provision of the CSAPR NO
§ 97.407 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO
§ 97.408 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR NO
§ 97.409 [Reserved]
§ 97.410 State NOX Annual trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State NO
(1) Alabama. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,454 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,441 tons.
(vi) [Reserved]
(2) Georgia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,240 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,074 tons.
(vi) [Reserved]
(3) Illinois. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 3,830 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 3,831 tons.
(vi) [Reserved]
(4) Indiana. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 3,292 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 3,256 tons.
(vi) [Reserved]
(5) Iowa. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 729 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 38 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 715 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 38 tons.
(6) Kansas. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 596 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 31 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 596 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 31 tons.
(7) Kentucky. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 3,403 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 3,090 tons.
(vi) [Reserved]
(8) Maryland. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 333 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 333 tons.
(vi) [Reserved]
(9) Michigan. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,243 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 65 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,201 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 63 tons.
(10) Minnesota. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 561 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 565 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons.
(11) Missouri. (i) The NO
(ii) The new unit set-aside for 2015 is 1,572 tons and for 2016 is 3,144 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 2,929 tons.
(vi) [Reserved]
(12) Nebraska. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,772 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 30 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,771 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 30 tons.
(13) New Jersey. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 164 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 155 tons.
(vi) [Reserved]
(14) New York. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 412 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 22 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 410 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 22 tons.
(15) North Carolina. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 2,984 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 51 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 2,451 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons.
(16) Ohio. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,909 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,805 tons.
(vi) [Reserved]
(17) Pennsylvania. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 2,400 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 2,383 tons.
(vi) [Reserved]
(18) South Carolina. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 617 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 33 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 620 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons.
(19) Tennessee. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 714 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 381 tons.
(vi) [Reserved]
(20) Texas. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 5,370 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 138 tons.
(iv)-(vi) [Reserved]
(21) Virginia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,662 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,663 tons.
(vi) [Reserved]
(22) West Virginia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 2,974 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 2,730 tons.
(vi) [Reserved]
(23) Wisconsin. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 2,012 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 34 tons.
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 1,939 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 33 tons.
(b) The States’ variability limits for the State NO
(1) The variability limit for Alabama is 12,953 tons.
(2) The variability limit for Georgia is 9,673 tons.
(3) The variability limit for Illinois is 8,617 tons.
(4) The variability limit for Indiana is 19,516 tons.
(5) The variability limit for Iowa is 6,750 tons.
(6) The variability limit for Kansas is 5,644 tons.
(7) The variability limit for Kentucky is 13,903 tons.
(8) The variability limit for Maryland is 2,983 tons.
(9) The variability limit for Michigan is 11,347 tons.
(10) The variability limit for Minnesota is 5,323 tons.
(11) The variability limit for Missouri is 8,774 tons.
(12) The variability limit for Nebraska is 5,407 tons.
(13) The variability limit for New Jersey is 1,430 tons.
(14) The variability limit for New York is 3,910 tons.
(15) The variability limit for North Carolina is 7,480 tons.
(16) The variability limit for Ohio is 16,246 tons.
(17) The variability limit for Pennsylvania is 21,455 tons.
(18) The variability limit for South Carolina is 5,850 tons.
(19) The variability limit for Tennessee is 3,481 tons.
(20) [Reserved]
(21) The variability limit for Virginia is 5,984 tons.
(22) The variability limit for West Virginia is 9,825 tons.
(23) The variability limit for Wisconsin is 5,917 tons.
(c) Each State NO
§ 97.411 Timing requirements for CSAPR NOX Annual allowance allocations.
(a) Existing units. (1) CSAPR NO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO
(b) New units – (1) New unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii) If the new unit set-aside for a control period before 2021 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(2) Indian country new unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(c) Units incorrectly allocated CSAPR NO
(i)(A) The recipient is not actually a CSAPR NO
(B) The recipient is not located as of January 1 of the control period in the State from whose NO
(ii) The recipient is not actually a CSAPR NO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO
(3) If the Administrator already recorded such CSAPR NO
(4) If the Administrator already recorded such CSAPR NO
(5)(i) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such CSAPR NO
(ii) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such CSAPR NO
(iii) With regard to the CSAPR NO
§ 97.412 CSAPR NOX Annual allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) CSAPR NO
(iii) CSAPR NO
(iv) For purposes of paragraph (a)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2015;
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter.
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(1)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
(b) Allocations from Indian country new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) For purposes of paragraph (b)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2015; and
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(i) Transfer such unallocated CSAPR NO
(ii) If the State has a SIP revision approved under § 52.38(a)(4) or (5) of this chapter covering such control period, include such unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.411(b)(2)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
§ 97.413 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.415, each CSAPR NO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.416:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO
(ii) The owners and operators of the source and each CSAPR NO
(b) Except as provided under § 97.415, each CSAPR NO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.416,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR NO
(c) Except in this section, § 97.402, and §§ 97.414 through 97.418, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.414 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.418 concerning delegation of authority to make submissions, each submission under the CSAPR NO
(b) The Administrator will accept or act on a submission made for a CSAPR NO
§ 97.415 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.416. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR NO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.416. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR NO
(2) Within 30 days after any change in the owners and operators of a CSAPR NO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR NO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.416 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR NO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the CSAPR NO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
§ 97.417 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.416 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.416 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO
§ 97.418 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.418(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.418(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.418 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
§ 97.419 [Reserved]
§ 97.420 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.416, the Administrator will establish a compliance account for the CSAPR NO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.425(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR NO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR NO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR NO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR NO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.420(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.420(c)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.420(c)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR NO
(ii) If a general account has no CSAPR NO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR NO
§ 97.421 Recordation of CSAPR NOX Annual allowance allocations and auction results.
(a) By November 7, 2011, the Administrator will record in each CSAPR NO
(b) By November 7, 2011, the Administrator will record in each CSAPR NO
(1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR NO
(2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR NO
(3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR NO
(c) By July 1, 2016, the Administrator will record in each CSAPR NO
(d) By July 1, 2017, the Administrator will record in each CSAPR NO
(e) By July 1, 2018, the Administrator will record in each CSAPR NO
(f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR NO
(2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO
(g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR NO
(j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR NO
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO
(l) When recording the allocation or auction of CSAPR NO
§ 97.422 Submission of CSAPR NOX Annual allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR NO
(b) A CSAPR NO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR NO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO
§ 97.423 Recordation of CSAPR NOX Annual allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO
(b) A CSAPR NO
(c) Where a CSAPR NO
(d) Within 5 business days of recordation of a CSAPR NO
(e) Within 10 business days of receipt of a CSAPR NO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.424 Compliance with CSAPR NOX Annual emissions limitation.
(a) Availability for deduction for compliance. CSAPR NO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.423, of CSAPR NO
(1) Until the amount of CSAPR NO
(2) If there are insufficient CSAPR NO
(c) Selection of CSAPR NO
(2) First-in, first-out. The Administrator will deduct CSAPR NO
(i) Any CSAPR NO
(ii) Any other CSAPR NO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.425 Compliance with CSAPR NOX Annual assurance provisions.
(a) Availability for deduction. CSAPR NO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO
(b) Deductions for compliance. The Administrator will deduct CSAPR NO
(1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total NO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.406(c)(2)(iii), §§ 97.406(b) and 97.430 through 97.435, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.402, and the calculation formula in § 97.406(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.423, of CSAPR NO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO
(A) Where the amount of CSAPR NO
(B) For the owners and operators for which the amount of CSAPR NO
(C) Each CSAPR NO
§ 97.426 Banking.
(a) A CSAPR NO
(b) Any CSAPR NO
(c) At any time after the allowance transfer deadline for the last control period for which a State NO
§ 97.427 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.428 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO
(b) The Administrator may deduct CSAPR NO
§ 97.429 [Reserved]
§ 97.430 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.431 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR NO
(1) January 1, 2015; or
(2) 180 calendar days after the date on which the unit commences commercial operation.
(3) The owner or operator of a CSAPR NO
(i) Such requirements shall apply to the monitoring systems required under § 97.430 through § 97.435, rather than the monitoring systems required under part 75 of this chapter;
(ii) NO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.435, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR NO
(d) Prohibitions. (1) No owner or operator of a CSAPR NO
(2) No owner or operator of a CSAPR NO
(3) No owner or operator of a CSAPR NO
(4) No owner or operator of a CSAPR NO
(i) During the period that the unit is covered by an exemption under § 97.405 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.431(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR NO
§ 97.431 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR NO
(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 appendices B, D, and E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.
(b) The recertification provisions of this section shall apply to a monitoring system under § 97.430(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.430(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 § 97.430(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.430(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.430(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.433.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.432(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.432 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.431 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.431 for each disapproved monitoring system.
§ 97.433 Notifications concerning monitoring.
The designated representative of a CSAPR NO
§ 97.434 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 97.414(a).
(b) Monitoring plans. The owner or operator of a CSAPR NO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.431, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1) The designated representative shall report the NO
(i) The calendar quarter covering January 1, 2015 through March 31, 2015; or
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.430(b).
(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter.
(3) For CSAPR NO
(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and
(2) For a unit with add-on NO
§ 97.435 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR NO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart BBBBB – CSAPR NOX Ozone Season Group 1 Trading Program
§ 97.501 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO
§ 97.502 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR NO
(1) A CSAPR NO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR NO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR NO
Allowance transfer deadline means, for a control period in 2015 or 2016, midnight of December 1 immediately after such control period or, for a control period in a year from 2017 through 2020, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such December 1, March 1, or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR NO
Alternate designated representative means, for a CSAPR NO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.525(b)(3) for certain owners and operators of a group of one or more CSAPR NO
Auction means, with regard to CSAPR NO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR NO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.505.
(i) For a unit that is a CSAPR NO
(ii) For a unit that is a CSAPR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.505, for a unit that is not a CSAPR NO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.513(a) and 97.515(a) as the designated representative for a group of one or more CSAPR NO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.506(c)(2)(iii), the amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of NO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR NO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A NO
(3) A NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A CO
(6) An O
Control period means the period starting May 1 of a calendar year, except as provided in § 97.506(c)(3), and ending on September 30 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
CSAPR SO
Designated representative means, for a CSAPR NO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR NO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.504(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR NO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR NO
Owner means, for a CSAPR NO
(1) Any holder of any portion of the legal or equitable title in a CSAPR NO
(2) Any holder of a leasehold interest in a CSAPR NO
(3) Any purchaser of power from a CSAPR NO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.503 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.504 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(4) or (5) of this chapter, of the CSAPR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR NO
§ 97.505 Retired unit exemption.
(a)(1) Any CSAPR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.506 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.513 through 97.518.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR NO
(2) The emissions data determined in accordance with §§ 97.530 through 97.535 shall be used to calculate allocations of CSAPR NO
(c) NO
(ii) If total NO
(A) The owners and operators of the source and each CSAPR NO
(B) The owners and operators of the source and each CSAPR NO
(2) CSAPR NO
(A) The quotient of the amount by which the common designated representative’s share of such NO
(B) The amount by which total NO
(ii) The owners and operators shall hold the CSAPR NO
(iii) Total NO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO
(v) To the extent the owners and operators fail to hold CSAPR NO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR NO
(3) Compliance periods. (i) A CSAPR NO
(ii) A CSAPR NO
(4) Vintage of CSAPR NO
(ii) A CSAPR NO
(5) Allowance Management System requirements. Each CSAPR NO
(6) Limited authorization. A CSAPR NO
(i) Such authorization shall only be used in accordance with the CSAPR NO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR NO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR NO
(2) A description of whether a unit is required to monitor and report NO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR NO
(i) The certificate of representation under § 97.516 for the designated representative for the source and each CSAPR NO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO
(2) The designated representative of a CSAPR NO
(f) Liability. (1) Any provision of the CSAPR NO
(2) Any provision of the CSAPR NO
(g) Effect on other authorities. No provision of the CSAPR NO
§ 97.507 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO
§ 97.508 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR NO
§ 97.509 [Reserved]
§ 97.510 State NOX Ozone Season Group 1 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State NO
(1) Alabama. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 635 tons.
(iii)-(vi) [Reserved]
(2) Arkansas. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 756 tons.
(iii)-(vi) [Reserved]
(3) Florida. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 544 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 29 tons.
(iv)-(vi) [Reserved]
(4) Georgia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 559 tons.
(iii) [Reserved]
(iv) The NO
(v) The new unit set-aside for 2017 and thereafter is 485 tons.
(vi) [Reserved]
(5) Illinois. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,697 tons.
(iii)-
(vi) [Reserved]
(6) Indiana. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,406 tons.
(iii)-(vi) [Reserved]
(7) Iowa. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 314 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 17 tons.
(iv)-(vi) [Reserved]
(8) Kentucky. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,447 tons.
(iii)-(vi) [Reserved]
(9) Louisiana. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 344 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 18 tons.
(iv)-(vi) [Reserved]
(10) Maryland. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 144 tons.
(iii)-(vi) [Reserved]
(11) Michigan. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 533 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 28 tons.
(iv)-(vi) [Reserved]
(12) Mississippi. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 237 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 12 tons.
(iv)-(vi) [Reserved]
(13) Missouri. (i) The NO
(ii) The new unit set-aside for 2015 is 684 tons and for 2016 is 1,367 tons.
(iii)-(vi) [Reserved]
(14) New Jersey. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 83 tons.
(iii)-(vi) [Reserved]
(15) New York. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 197 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 10 tons.
(iv)-(vi) [Reserved]
(16) North Carolina. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,308 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 22 tons.
(iv)-(vi) [Reserved]
(17) Ohio. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 826 tons.
(iii)-(vi) [Reserved]
(18) Oklahoma. (i) The NO
(ii) The new unit set-aside for 2015 is 731 tons and for 2016 is 454 tons.
(iii)-(vi) [Reserved]
(19) Pennsylvania. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,044 tons.
(iii)-(vi) [Reserved]
(20) South Carolina. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 264 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 14 tons.
(iv)-(vi) [Reserved]
(21) Tennessee. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 298 tons.
(iii)-(vi) [Reserved]
(22) Texas. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 2,556 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 66 tons.
(iv)-(vi) [Reserved]
(23) Virginia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 723 tons.
(iii)-(vi) [Reserved]
(24) West Virginia. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 1,264 tons.
(iii)-(vi) [Reserved]
(25) Wisconsin. (i) The NO
(ii) The new unit set-aside for 2015 and 2016 is 872 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 15 tons.
(iv)-(vi) [Reserved]
(b) The States’ variability limits for the State NO
(1)-(3) [Reserved]
(4) The variability limit for Georgia is 5,049 tons.
(5)-(25) [Reserved]
(c) Each State NO
§ 97.511 Timing requirements for CSAPR NOX Ozone Season Group 1 allowance allocations.
(a) Existing units. (1) CSAPR NO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO
(b) New units – (1) New unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii)(A) If the new unit set-aside for the control period in 2015 or 2016 contains any CSAPR NO
(B) If the new unit set-aside for the control period in a year from 2017 through 2020 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(2) Indian country new unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii)(A) If the Indian country new unit set-aside for the control period in 2015 or 2016 contains any CSAPR NO
(B) If the Indian country new unit set-aside for the control period in a year from 2017 through 2020 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(c) Units incorrectly allocated CSAPR NO
(i)(A) The recipient is not actually a CSAPR NO
(B) The recipient is not located as of May 1 of the control period in the State from whose NO
(ii) The recipient is not actually a CSAPR NO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO
(3) If the Administrator already recorded such CSAPR NO
(4) If the Administrator already recorded such CSAPR NO
(5)(i) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such CSAPR NO
(ii) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such CSAPR NO
(iii) With regard to the CSAPR NO
§ 97.512 CSAPR NOX Ozone Season Group 1 allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) CSAPR NO
(iii) CSAPR NO
(iv) For purposes of paragraph (a)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2015;
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter.
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i)(A) For the control period in 2015 or 2016, the Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending August 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(B) For the control period in 2017, 2018, 2019, or 2020
, the Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(1)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
(b) Allocations from Indian country new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) For purposes of paragraph (b)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2015; and
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i)(A) For the control period in 2015 or 2016, the Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting May 1 of the year before the year of such control period and ending August 31 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(B) For the control period in 2017, 2018, 2019, or 2020, the Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(i) Transfer such unallocated CSAPR NO
(ii) If the State has a SIP revision approved under § 52.38(b)(4) or (5) of this chapter covering such control period, include such unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.511(b)(2)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
§ 97.513 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.515, each CSAPR NO
Ozone Season Group 1 Trading Program.
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO
(ii) The owners and operators of the source and each CSAPR NO
(b) Except as provided under § 97.515, each CSAPR NO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR NO
(c) Except in this section, § 97.502, and §§ 97.514 through 97.518, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.514 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.518 concerning delegation of authority to make submissions, each submission under the CSAPR NO
(b) The Administrator will accept or act on a submission made for a CSAPR NO
§ 97.515 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.516. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR NO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.516. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR NO
(2) Within 30 days after any change in the owners and operators of a CSAPR NO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR NO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.516 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR NO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the CSAPR NO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO
§ 97.517 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.516 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.516 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO
§ 97.518 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.518(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.518(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.518 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
§ 97.519 [Reserved]
§ 97.520 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.516, the Administrator will establish a compliance account for the CSAPR NO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.525(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR NO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the phrase “TR NO
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR NO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR NO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR NO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(c)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.520(c)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR NO
(ii) If a general account has no CSAPR NO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR NO
§ 97.521 Recordation of CSAPR NOX Ozone Season Group 1 allowance allocations and auction results.
(a) By November 7, 2011 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 26, 2015, the Administrator will record in each CSAPR NO
(b) By November 7, 2011 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 26, 2015, the Administrator will record in each CSAPR NO
(1) If, by April 1, 2015 or, with regard to CSAPR NO
(2) If the State submits to the Administrator by April 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015, and the Administrator approves by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016, such complete SIP revision, the Administrator will record by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016 in each CSAPR NO
(3) If the State submits to the Administrator by April 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015, and the Administrator does not approve by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016, such complete SIP revision, the Administrator will record by October 1, 2015 or, with regard to units in Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, April 1, 2016 in each CSAPR NO
(c) By January 9, 2017, the Administrator will record in each CSAPR NO
(d) By July 1, 2017, the Administrator will record in each CSAPR NO
(e) By July 1, 2018, the Administrator will record in each CSAPR NO
(f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR NO
(2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO
(g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(i)(1) By November 15, 2015 and November 15, 2016, the Administrator will record in each CSAPR NO
(2) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO
(j)(1) By November 15, 2015 and November 15, 2016, the Administrator will record in each CSAPR NO
(2) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO
(l) When recording the allocation or auction of CSAPR NO
§ 97.522 Submission of CSAPR NOX Ozone Season Group 1 allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR NO
(b) A CSAPR NO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR NO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO
§ 97.523 Recordation of CSAPR NOX Ozone Season Group 1 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO
(b) A CSAPR NO
(c) Where a CSAPR NO
(d) Within 5 business days of recordation of a CSAPR NO
(e) Within 10 business days of receipt of a CSAPR NO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.524 Compliance with CSAPR NOX Ozone Season Group 1 emissions limitation.
(a) Availability for deduction for compliance. CSAPR NO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.523, of CSAPR NO
(1) Until the amount of CSAPR NO
(2) If there are insufficient CSAPR NO
(c) Selection of CSAPR NO
(2) First-in, first-out. The Administrator will deduct CSAPR NO
(i) Any CSAPR NO
(ii) Any other CSAPR NO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.525 Compliance with CSAPR NOX Ozone Season Group 1 assurance provisions.
(a) Availability for deduction. CSAPR NO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR NO
(b) Deductions for compliance. The Administrator will deduct CSAPR NO
(1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total NO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR NO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.506(c)(2)(iii), §§ 97.506(b) and 97.530 through 97.535, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.502, and the calculation formula in § 97.506(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR NO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.523, of CSAPR NO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO
(A) Where the amount of CSAPR NO
(B) For the owners and operators for which the amount of CSAPR NO
(C) Each CSAPR NO
§ 97.526 Banking and conversion.
(a) A CSAPR NO
(b) Any CSAPR NO
of this section.
(c) At any time after the allowance transfer deadline for the last control period for which a State NO
(d) Notwithstanding any other provision of this subpart, part 52 of this chapter, or any SIP revision approved under § 52.38(b)(4) or (5) of this chapter:
(1) As soon as practicable after the completion of deductions under § 97.524 for the control period in 2016, but not later than March 1, 2018, the Administrator will temporarily suspend acceptance of CSAPR NO
(i) The Administrator will deduct all CSAPR NO
(ii) The Administrator will determine a conversion factor equal to the greater of 1.0000 or the quotient, expressed to four decimal places, of the sum of all CSAPR NO
(iii) The Administrator will allocate and record in each such account an amount of CSAPR NO
(iv) Where, pursuant to paragraph (d)(1)(i) of this section, the Administrator deducts CSAPR NO
(2)(i) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section, upon any determination that would otherwise result in the initial recordation of a given number of CSAPR NO
(ii) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and § 97.826(d)(1), upon any determination that would otherwise result in the initial recordation of a given number of CSAPR NO
(e) Notwithstanding any other provision of this subpart or any SIP revision approved under § 52.38(b)(4) or (5) of this chapter, CSAPR NO
(1) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section, the owner or operator of a CSAPR NO
(2) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section and § 97.826(d)(1), the owner or operator of a CSAPR NO
§ 97.527 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.528 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO
(b) The Administrator may deduct CSAPR NO
§ 97.529 [Reserved]
§ 97.530 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.531 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR NO
(1) May 1, 2015;
(2) 180 calendar days after the date on which the unit commences commercial operation; or
(3) Where data for the unit are reported on a control period basis under § 97.534(d)(1)(ii)(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section.
(4) The owner or operator of a CSAPR NO
(i) Such requirements shall apply to the monitoring systems required under § 97.530 through § 97.535, rather than the monitoring systems required under part 75 of this chapter;
(ii) NO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.535, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR NO
(d) Prohibitions. (1) No owner or operator of a CSAPR NO
(2) No owner or operator of a CSAPR NO
(3) No owner or operator of a CSAPR NO
(4) No owner or operator of a CSAPR NO
(i) During the period that the unit is covered by an exemption under § 97.505 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.531(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR NO
§ 97.531 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR NO
(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 appendices B, D, and E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.
(b) The recertification provisions of this section shall apply to a monitoring system under § 97.530(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.530(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 § 97.530(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.530(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.530(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.533.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.532(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.532 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.531 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.531 for each disapproved monitoring system.
§ 97.533 Notifications concerning monitoring.
The designated representative of a CSAPR NO
§ 97.534 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 97.514(a).
(b) Monitoring plans. The owner or operator of a CSAPR NO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.531, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1)(i) If a CSAPR NO
(ii) If a CSAPR NO
(A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO
(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO
(2) The designated representative shall report the NO
(i) The calendar quarter covering May 1, 2015 through June 30, 2015;
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.530(b); or
(iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section.
(3) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter.
(4) For CSAPR NO
(5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications;
(2) For a unit with add-on NO
(3) For a unit that is reporting on a control period basis under paragraph (d)(1)(ii)(B) of this section, the NO
§ 97.535 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR NO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart CCCCC – CSAPR SO2 Group 1 Trading Program
§ 97.601 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) SO
§ 97.602 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR SO
(1) A CSAPR SO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR SO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR SO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR SO
Allowance transfer deadline means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR SO
Alternate designated representative means, for a CSAPR SO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.625(b)(3) for certain owners and operators of a group of one or more CSAPR SO
Auction means, with regard to CSAPR SO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR SO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.605.
(i) For a unit that is a CSAPR SO
(ii) For a unit that is a CSAPR SO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.605, for a unit that is not a CSAPR SO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.613(a) and 97.615(a) as the designated representative for a group of one or more CSAPR SO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.606(c)(2)(iii), the amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR SO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of SO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR SO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A SO
(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(4) A CO
(5) An O
Control period means the period starting January 1 of a calendar year, except as provided in § 97.606(c)(3), and ending on December 31 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
CSAPR SO
CSAPR SO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR SO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR SO
CSAPR SO
CSAPR SO
CSAPR SO
CSAPR SO
Designated representative means, for a CSAPR SO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR SO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.604(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR SO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR SO
Owner means, for a CSAPR SO
(1) Any holder of any portion of the legal or equitable title in a CSAPR SO
(2) Any holder of a leasehold interest in a CSAPR SO
(3) Any purchaser of power from a CSAPR SO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR SO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR SO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR SO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.603 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.604 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR SO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR SO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR SO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR SO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR SO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.39(e) or (f) of this chapter, of the CSAPR SO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR SO
§ 97.605 Retired unit exemption.
(a)(1) Any CSAPR SO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR SO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR SO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.606 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.613 through 97.618.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR SO
(2) The emissions data determined in accordance with §§ 97.630 through 97.635 shall be used to calculate allocations of CSAPR SO
(c) SO
(ii) If total SO
(A) The owners and operators of the source and each CSAPR SO
(B) The owners and operators of the source and each CSAPR SO
(2) CSAPR SO
(A) The quotient of the amount by which the common designated representative’s share of such SO
(B) The amount by which total SO
(ii) The owners and operators shall hold the CSAPR SO
(iii) Total SO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO
(v) To the extent the owners and operators fail to hold CSAPR SO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR SO
(3) Compliance periods. (i) A CSAPR SO
(ii) A CSAPR SO
(4) Vintage of CSAPR SO
(ii) A CSAPR SO
(5) Allowance Management System requirements. Each CSAPR SO
(6) Limited authorization. A CSAPR SO
(i) Such authorization shall only be used in accordance with the CSAPR SO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR SO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR SO
(2) A description of whether a unit is required to monitor and report SO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR SO
(i) The certificate of representation under § 97.616 for the designated representative for the source and each CSAPR SO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR SO
(2) The designated representative of a CSAPR SO
(f) Liability. (1) Any provision of the CSAPR SO
(2) Any provision of the CSAPR SO
(g) Effect on other authorities. No provision of the CSAPR SO
§ 97.607 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR SO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR SO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR SO
§ 97.608 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR SO
§ 97.609 [Reserved]
§ 97.610 State SO2 Group 1 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State SO
(1) Illinois. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 11,744 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 6,223 tons.
(vi) [Reserved]
(2) Indiana. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 8,723 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 4,993 tons.
(vi) [Reserved]
(3) Iowa. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 2,035 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 107 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 1,426 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 75 tons.
(4) Kentucky. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 13,960 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 6,381 tons.
(vi) [Reserved]
(5) Maryland. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 602 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 568 tons.
(vi) [Reserved]
(6) Michigan. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 4,357 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 229 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 2,743 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 144 tons.
(7) Missouri. (i) The SO
(ii) The new unit set-aside for 2015 is 4,149 tons and for 2016 is 6,224 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 4,982 tons.
(vi) [Reserved]
(8) New Jersey. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 153 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 110 tons.
(vi) [Reserved]
(9) New York. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 690 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 36 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 535 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 28 tons.
(10) North Carolina. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 10,813 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 137 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 4,559 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 58 tons.
(11) Ohio. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 6,308 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 2,850 tons.
(vi) [Reserved]
(12) Pennsylvania. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 5,573 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 2,242 tons.
(vi) [Reserved]
(13) Tennessee. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 2,963 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 1,181 tons.
(vi) [Reserved]
(14) Virginia. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 2,833 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 1,401 tons.
(vi) [Reserved]
(15) West Virginia. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 10,232 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 5,299 tons.
(vi) [Reserved]
(16) Wisconsin. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 3,099 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 80 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 1,870 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 48 tons.
(b) The States’ variability limits for the State SO
(1) The variability limit for Illinois is 22,342 tons.
(2) The variability limit for Indiana is 29,961 tons.
(3) The variability limit for Iowa is 13,533 tons.
(4) The variability limit for Kentucky is 19,131 tons.
(5) The variability limit for Maryland is 5,077 tons.
(6) The variability limit for Michigan is 25,919 tons.
(7) The variability limit for Missouri is 29,869 tons.
(8) The variability limit for New Jersey is 1,003 tons.
(9) The variability limit for New York is 4,960 tons.
(10) The variability limit for North Carolina is 10,372 tons.
(11) The variability limit for Ohio is 25,603 tons.
(12) The variability limit for Pennsylvania is 20,164 tons.
(13) The variability limit for Tennessee is 10,590 tons.
(14) The variability limit for Virginia is 6,310 tons.
(15) The variability limit for West Virginia is 13,620 tons.
(16) The variability limit for Wisconsin is 8,619 tons.
(c) Each State SO
§ 97.611 Timing requirements for CSAPR SO2 Group 1 allowance allocations.
(a) Existing units. (1) CSAPR SO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR SO
(b) New units – (1) New unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR SO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii) If the new unit set-aside for a control period before 2021 contains any CSAPR SO
(iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO
(B) The Administrator will adjust the identification of CSAPR SO
(v) To the extent any CSAPR SO
(2) Indian country new unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR SO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR SO
(iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO
(B) The Administrator will adjust the identification of CSAPR SO
(v) To the extent any CSAPR SO
(c) Units incorrectly allocated CSAPR SO
(i)(A) The recipient is not actually a CSAPR SO
(B) The recipient is not located as of January 1 of the control period in the State from whose SO
(ii) The recipient is not actually a CSAPR SO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR SO
(3) If the Administrator already recorded such CSAPR SO
(4) If the Administrator already recorded such CSAPR SO
(5)(i) With regard to the CSAPR SO
(A) Transfer such CSAPR SO
(B) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such CSAPR SO
(ii) With regard to the CSAPR SO
(A) Transfer such CSAPR SO
(B) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such CSAPR SO
(iii) With regard to the CSAPR SO
§ 97.612 CSAPR SO2 Group 1 allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR SO
(1) The CSAPR SO
(i) CSAPR SO
(ii) CSAPR SO
(iii) CSAPR SO
(iv) For purposes of paragraph (a)(9) of this section, CSAPR SO
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR SO
(3) The Administrator will determine, for each CSAPR SO
(i) The control period in 2015;
(ii)(A) The first control period after the control period in which the CSAPR SO
(B) The control period containing the deadline for certification of the CSAPR SO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR SO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter.
(4)(i) The allocation to each CSAPR SO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO
(6) If the amount of CSAPR SO
(7) If the amount of CSAPR SO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(i) and (ii), of the amount of CSAPR SO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR SO
(i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR SO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR SO
(iv) If the amount of unallocated CSAPR SO
(10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(iii), (iv), and (v), of the amount of CSAPR SO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(1)(i), (ii), and (v), of the amount of CSAPR SO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO
(b) Allocations from Indian country new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR SO
(1) The CSAPR SO
(i) CSAPR SO
(ii) For purposes of paragraph (b)(9) of this section, CSAPR SO
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR SO
(3) The Administrator will determine, for each CSAPR SO
(i) The control period in 2015; and
(ii)(A) The first control period after the control period in which the CSAPR SO
(B) The control period containing the deadline for certification of the CSAPR SO
(4)(i) The allocation to each CSAPR SO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO
(6) If the amount of CSAPR SO
(7) If the amount of CSAPR SO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(i) and (ii), of the amount of CSAPR SO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR SO
(i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR SO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR SO
(iv) If the amount of unallocated CSAPR SO
(10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO
(i) Transfer such unallocated CSAPR SO
(ii) If the State has a SIP revision approved under § 52.39(e) or (f) of this chapter covering such control period, include such unallocated CSAPR SO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(iii), (iv), and (v), of the amount of CSAPR SO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.611(b)(2)(i), (ii), and (v), of the amount of CSAPR SO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO
§ 97.613 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.615, each CSAPR SO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR SO
(ii) The owners and operators of the source and each CSAPR SO
(b) Except as provided under § 97.615, each CSAPR SO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR SO
(c) Except in this section, § 97.602, and §§ 97.614 through 97.618, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.614 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.618 concerning delegation of authority to make submissions, each submission under the CSAPR SO
(b) The Administrator will accept or act on a submission made for a CSAPR SO
§ 97.615 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.616. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR SO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.616. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR SO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR SO
(2) Within 30 days after any change in the owners and operators of a CSAPR SO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR SO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.616 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR SO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the CSAPR SO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR SO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR SO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR SO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
§ 97.617 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.616 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.616 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR SO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR SO
§ 97.618 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.618(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.618(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.618 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
§ 97.619 [Reserved]
§ 97.620 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.616, the Administrator will establish a compliance account for the CSAPR SO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.625(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR SO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR SO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR SO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR SO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR SO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR SO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR SO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR SO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR SO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR SO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR SO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR SO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR SO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(c)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.620(c)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR SO
(ii) If a general account has no CSAPR SO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR SO
§ 97.621 Recordation of CSAPR SO2 Group 1 allowance allocations and auction results.
(a) By November 7, 2011, the Administrator will record in each CSAPR SO
(b) By November 7, 2011, the Administrator will record in each CSAPR SO
(1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR SO
(2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO
(3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO
(c) By July 1, 2016, the Administrator will record in each CSAPR SO
(d) By July 1, 2017, the Administrator will record in each CSAPR SO
(e) By July 1, 2018, the Administrator will record in each CSAPR SO
(f)(1)By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR SO
(2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR SO
(g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO
(h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO
(i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO
(j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR SO
(l) When recording the allocation or auction of CSAPR SO
§ 97.622 Submission of CSAPR SO2 Group 1 allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR SO
(b) A CSAPR SO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR SO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR SO
§ 97.623 Recordation of CSAPR SO2 Group 1 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR SO
(b) A CSAPR SO
(c) Where a CSAPR SO
(d) Within 5 business days of recordation of a CSAPR SO
(e) Within 10 business days of receipt of a CSAPR SO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.624 Compliance with CSAPR SO2 Group 1 emissions limitation.
(a) Availability for deduction for compliance. CSAPR SO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.623, of CSAPR SO
(1) Until the amount of CSAPR SO
(2) If there are insufficient CSAPR SO
(c) Selection of CSAPR SO
(2) First-in, first-out. The Administrator will deduct CSAPR SO
(i) Any CSAPR SO
(ii) Any other CSAPR SO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR SO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.625 Compliance with CSAPR SO2 Group 1 assurance provisions.
(a) Availability for deduction. CSAPR SO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR SO
(b) Deductions for compliance. The Administrator will deduct CSAPR SO
(1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total SO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR SO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.606(c)(2)(iii), §§ 97.606(b) and 97.630 through 97.635, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.602, and the calculation formula in § 97.606(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR SO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR SO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.623, of CSAPR SO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR SO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR SO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR SO
(A) Where the amount of CSAPR SO
(B) For the owners and operators for which the amount of CSAPR SO
(C) Each CSAPR SO
§ 97.626 Banking.
(a) A CSAPR SO
(b) Any CSAPR SO
(c) At any time after the allowance transfer deadline for the last control period for which a State SO
§ 97.627 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.628 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR SO
(b) The Administrator may deduct CSAPR SO
§ 97.629 [Reserved]
§ 97.630 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR SO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR SO
(1) Install all monitoring systems required under this subpart for monitoring SO
(2) Successfully complete all certification tests required under § 97.631 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR SO
(1) January 1, 2015; or
(2) 180 calendar days after the date on which the unit commences commercial operation.
(3) The owner or operator of a CSAPR SO
(i) Such requirements shall apply to the monitoring systems required under § 97.630 through § 97.635, rather than the monitoring systems required under part 75 of this chapter;
(ii) SO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.635, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR SO
(d) Prohibitions. (1) No owner or operator of a CSAPR SO
(2) No owner or operator of a CSAPR SO
(3) No owner or operator of a CSAPR SO
(4) No owner or operator of a CSAPR SO
(i) During the period that the unit is covered by an exemption under § 97.605 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.631(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR SO
§ 97.631 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR SO
(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 appendices B and D 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 § 97.630(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) [Reserved]
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR SO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.630(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 § 97.630(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.630(a)(1) that may significantly affect the ability of the system to accurately measure or record SO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.630(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.633.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR SO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR SO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.632(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 SO
(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.632 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of, or appendix D 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 § 97.631 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.631 for each disapproved monitoring system.
§ 97.633 Notifications concerning monitoring.
The designated representative of a CSAPR SO
§ 97.634 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of § 97.614(a).
(b) Monitoring plans. The owner or operator of a CSAPR SO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.631, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1) The designated representative shall report the SO
(i) The calendar quarter covering January 1, 2015 through March 31, 2015; or
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.630(b).
(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter.
(3) For CSAPR SO
(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and
(2) For a unit with add-on SO
§ 97.635 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR SO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart DDDDD – CSAPR SO2 Group 2 Trading Program
§ 97.701 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) SO
§ 97.702 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR SO
(1) A CSAPR SO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR SO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR SO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR SO
Allowance transfer deadline means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR SO
Alternate designated representative means, for a CSAPR SO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.725(b)(3) for certain owners and operators of a group of one or more CSAPR SO
Auction means, with regard to CSAPR SO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR SO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.705.
(i) For a unit that is a CSAPR SO
(ii) For a unit that is a CSAPR SO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.705, for a unit that is not a CSAPR SO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.713(a) and 97.715(a) as the designated representative for a group of one or more CSAPR SO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.706(c)(2)(iii), the amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR SO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of SO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR SO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A SO
(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(4) A CO
(5) An O
Control period means the period starting January 1 of a calendar year, except as provided in § 97.706(c)(3), and ending on December 31 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
CSAPR SO
CSAPR SO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR SO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR SO
CSAPR SO
CSAPR SO
CSAPR SO
CSAPR SO
Designated representative means, for a CSAPR SO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR SO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.704(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR SO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR SO
Owner means, for a CSAPR SO
(1) Any holder of any portion of the legal or equitable title in a CSAPR SO
(2) Any holder of a leasehold interest in a CSAPR SO
(3) Any purchaser of power from a CSAPR SO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR SO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR SO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR SO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.703 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.704 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR SO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR SO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR SO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR SO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR SO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.39(h) or (i) of this chapter, of the CSAPR SO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR SO
§ 97.705 Retired unit exemption.
(a)(1) Any CSAPR SO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR SO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR SO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.706 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.713 through 97.718.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR SO
(2) The emissions data determined in accordance with §§ 97.730 through 97.735 shall be used to calculate allocations of CSAPR SO
(c) SO
(ii) If total SO
(A) The owners and operators of the source and each CSAPR SO
(B) The owners and operators of the source and each CSAPR SO
(2) CSAPR SO
(A) The quotient of the amount by which the common designated representative’s share of such SO
(B) The amount by which total SO
(ii) The owners and operators shall hold the CSAPR SO
(iii) Total SO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO
(v) To the extent the owners and operators fail to hold CSAPR SO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR SO
(3) Compliance periods. (i) A CSAPR SO
(ii) A CSAPR SO
(4) Vintage of CSAPR SO
(ii) A CSAPR SO
(5) Allowance Management System requirements. Each CSAPR SO
(6) Limited authorization. A CSAPR SO
(i) Such authorization shall only be used in accordance with the CSAPR SO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR SO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR SO
(2) A description of whether a unit is required to monitor and report SO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR SO
(i) The certificate of representation under § 97.716 for the designated representative for the source and each CSAPR SO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR SO
(2) The designated representative of a CSAPR SO
(f) Liability. (1) Any provision of the CSAPR SO
(2) Any provision of the CSAPR SO
(g) Effect on other authorities. No provision of the CSAPR SO
§ 97.707 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR SO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR SO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR SO
§ 97.708 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR SO
§ 97.709 [Reserved]
§ 97.710 State SO2 Group 2 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State SO
(1) Alabama. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 4,321 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 4,265 tons.
(vi) [Reserved]
(2) Georgia. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 3,171 tons.
(iii) [Reserved]
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 2,721 tons.
(vi) [Reserved]
(3) Kansas. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 798 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 42 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 801 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons.
(4) Minnesota. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 798 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 42 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 800 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 42 tons.
(5) Nebraska. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 2,658 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 68 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 2,662 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 68 tons.
(6) South Carolina. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 1,836 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 97 tons.
(iv) The SO
(v) The new unit set-aside for 2017 and thereafter is 1,836 tons.
(vi) The Indian country new unit set-aside for 2017 and thereafter is 97 tons.
(7) Texas. (i) The SO
(ii) The new unit set-aside for 2015 and 2016 is 14,430 tons.
(iii) The Indian country new unit set-aside for 2015 and 2016 is 294 tons.
(iv)-(vi) [Reserved]
(b) The States’ variability limits for the State SO
(1) The variability limit for Alabama is 38,386 tons.
(2) The variability limit for Georgia is 24,402 tons.
(3) The variability limit for Kansas is 7,556 tons.
(4) The variability limit for Minnesota is 7,557 tons.
(5) The variability limit for Nebraska is 12,269 tons.
(6) The variability limit for South Carolina is 17,394 tons.
(7) [Reserved]
(c) Each State SO
§ 97.711 Timing requirements for CSAPR SO2 Group 2 allowance allocations.
(a) Existing units. (1) CSAPR SO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2014, during the control period in two consecutive years, such unit will not be allocated the CSAPR SO
(b) New units – (1) New unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR SO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii) If the new unit set-aside for a control period before 2021 contains any CSAPR SO
(iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO
(B) The Administrator will adjust the identification of CSAPR SO
(v) To the extent any CSAPR SO
(2) Indian country new unit set-asides. (i)(A) By June 1 of each year from 2015 through 2020, the Administrator will calculate the CSAPR SO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR SO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR SO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR SO
(iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR SO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR SO
(B) The Administrator will adjust the identification of CSAPR SO
(v) To the extent any CSAPR SO
(c) Units incorrectly allocated CSAPR SO
(i)(A) The recipient is not actually a CSAPR SO
(B) The recipient is not located as of January 1 of the control period in the State from whose SO
(ii) The recipient is not actually a CSAPR SO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR SO
(3) If the Administrator already recorded such CSAPR SO
(4) If the Administrator already recorded such CSAPR SO
(5)(i) With regard to the CSAPR SO
(A) Transfer such CSAPR SO
(B) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such CSAPR SO
(ii) With regard to the CSAPR SO
(A) Transfer such CSAPR SO
(B) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such CSAPR SO
(iii) With regard to the CSAPR SO
§ 97.712 CSAPR SO2 Group 2 allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR SO
(1) The CSAPR SO
(i) CSAPR SO
(ii) CSAPR SO
(iii) CSAPR SO
(iv) For purposes of paragraph (a)(9) of this section, CSAPR SO
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR SO
(3) The Administrator will determine, for each CSAPR SO
(i) The control period in 2015;
(ii)(A) The first control period after the control period in which the CSAPR SO
(B) The control period containing the deadline for certification of the CSAPR SO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR SO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter.
(4)(i) The allocation to each CSAPR SO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO
(6) If the amount of CSAPR SO
(7) If the amount of CSAPR SO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(i) and (ii), of the amount of CSAPR SO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR SO
(i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR SO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR SO
(iv) If the amount of unallocated CSAPR SO
(10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(iii), (iv), and (v), of the amount of CSAPR SO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(1)(i), (ii), and (v), of the amount of CSAPR SO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO
(b) Allocations from Indian country new unit set-asides. For each control period in 2015 and thereafter and for the CSAPR SO
(1) The CSAPR SO
(i) CSAPR SO
(ii) For purposes of paragraph (b)(9) of this section, CSAPR SO
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR SO
(3) The Administrator will determine, for each CSAPR SO
(i) The control period in 2015; and
(ii)(A) The first control period after the control period in which the CSAPR SO
(B) The control period containing the deadline for certification of the CSAPR SO
(4)(i) The allocation to each CSAPR SO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR SO
(6) If the amount of CSAPR SO
(7) If the amount of CSAPR SO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(i) and (ii), of the amount of CSAPR SO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR SO
(i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR SO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR SO
(iv) If the amount of unallocated CSAPR SO
(10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR SO
(i) Transfer such unallocated CSAPR SO
(ii) If the State has a SIP revision approved under § 52.39(h) or (i) of this chapter covering such control period, include such unallocated CSAPR SO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(iii), (iv), and (v), of the amount of CSAPR SO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.711(b)(2)(i), (ii), and (v), of the amount of CSAPR SO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR SO
§ 97.713 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.715, each CSAPR SO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR SO
(ii) The owners and operators of the source and each CSAPR SO
(b) Except as provided under § 97.715, each CSAPR SO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR SO
(c) Except in this section, § 97.702, and §§ 97.714 through 97.718, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.714 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.718 concerning delegation of authority to make submissions, each submission under the CSAPR SO
(b) The Administrator will accept or act on a submission made for a CSAPR SO
§ 97.715 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.716. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR SO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.716. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR SO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR SO
(2) Within 30 days after any change in the owners and operators of a CSAPR SO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR SO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.716 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR SO
(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the CSAPR SO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR SO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR SO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR SO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section that complies with the provisions of paragraph (a) of this section except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statements will be considered a complete certificate of representation under this section, and the certification statements included in such certificate of representation will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
§ 97.717 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.716 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.716 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR SO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR SO
§ 97.718 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.718(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.718(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.718 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
§ 97.719 [Reserved]
§ 97.720 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.716, the Administrator will establish a compliance account for the CSAPR SO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.725(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR SO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR SO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR SO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR SO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section that complies with the provisions of such paragraph except that it contains the acronym “TR” in place of the acronym “CSAPR” in the required certification statement will be considered a complete application for a general account under such paragraph, and the certification statement included in such application for a general account will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR SO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR SO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR SO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the acronym “TR” will be interpreted as if the acronym “CSAPR” appeared in place of the acronym “TR”.
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR SO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR SO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR SO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR SO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR SO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR SO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(c)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.720(c)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR SO
(ii) If a general account has no CSAPR SO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR SO
§ 97.721 Recordation of CSAPR SO2 Group 2 allowance allocations and auction results.
(a) By November 7, 2011, the Administrator will record in each CSAPR SO
(b) By November 7, 2011, the Administrator will record in each CSAPR SO
(1) If, by April 1, 2015, the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2015 in each CSAPR SO
(2) If the State submits to the Administrator by April 1, 2015, and the Administrator approves by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO
(3) If the State submits to the Administrator by April 1, 2015, and the Administrator does not approve by October 1, 2015, such complete SIP revision, the Administrator will record by October 1, 2015 in each CSAPR SO
(c) By July 1, 2016, the Administrator will record in each CSAPR SO
(d) By July 1, 2017, the Administrator will record in each CSAPR SO
(e) By July 1, 2018, the Administrator will record in each CSAPR SO
(f)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each CSAPR SO
(2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR SO
(g)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO
(h)(1) By August 1 of each year from 2015 through 2020, the Administrator will record in each CSAPR SO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR SO
(i) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO
(j) By February 15 of each year from 2016 through 2021, the Administrator will record in each CSAPR SO
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR SO
(l) When recording the allocation or auction of CSAPR SO
§ 97.722 Submission of CSAPR SO2 Group 2 allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR SO
(b) A CSAPR SO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR SO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR SO
§ 97.723 Recordation of CSAPR SO2 Group 2 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR SO
(b) A CSAPR SO
(c) Where a CSAPR SO
(d) Within 5 business days of recordation of a CSAPR SO
(e) Within 10 business days of receipt of a CSAPR SO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.724 Compliance with CSAPR SO2 Group 2 emissions limitation.
(a) Availability for deduction for compliance. CSAPR SO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.723, of CSAPR SO
(1) Until the amount of CSAPR SO
(2) If there are insufficient CSAPR SO
(c) Selection of CSAPR SO
(2) First-in, first-out. The Administrator will deduct CSAPR SO
(i) Any CSAPR SO
(ii) Any other CSAPR SO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR SO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.725 Compliance with CSAPR SO2 Group 2 assurance provisions.
(a) Availability for deduction. CSAPR SO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of CSAPR SO
(b) Deductions for compliance. The Administrator will deduct CSAPR SO
(1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total SO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more CSAPR SO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.706(c)(2)(iii), §§ 97.706(b) and 97.730 through 97.735, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.702, and the calculation formula in § 97.706(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having CSAPR SO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR SO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.723, of CSAPR SO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR SO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR SO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR SO
(A) Where the amount of CSAPR SO
(B) For the owners and operators for which the amount of CSAPR SO
(C) Each CSAPR SO
§ 97.726 Banking.
(a) A CSAPR SO
(b) Any CSAPR SO
(c) At any time after the allowance transfer deadline for the last control period for which a State SO
§ 97.727 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.728 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR SO
(b) The Administrator may deduct CSAPR SO
§ 97.729 [Reserved]
§ 97.730 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR SO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR SO
(1) Install all monitoring systems required under this subpart for monitoring SO
(2) Successfully complete all certification tests required under § 97.731 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR SO
(1) January 1, 2015; or
(2) 180 calendar days after the date on which the unit commences commercial operation.
(3) The owner or operator of a CSAPR SO
(i) Such requirements shall apply to the monitoring systems required under § 97.730 through § 97.735, rather than the monitoring systems required under part 75 of this chapter;
(ii) SO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.735, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR SO
(d) Prohibitions. (1) No owner or operator of a CSAPR SO
(2) No owner or operator of a CSAPR SO
(3) No owner or operator of a CSAPR SO
(4) No owner or operator of a CSAPR SO
(i) During the period that the unit is covered by an exemption under § 97.705 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.731(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR SO
§ 97.731 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR SO
(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 appendices B and D 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 § 97.730(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) [Reserved]
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR SO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.730(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 § 97.730(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.730(a)(1) that may significantly affect the ability of the system to accurately measure or record SO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.730(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.733.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR SO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR SO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.732(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 SO
(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.732 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of, or appendix D 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 § 97.731 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.731 for each disapproved monitoring system.
§ 97.733 Notifications concerning monitoring.
The designated representative of a CSAPR SO
§ 97.734 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of § 97.714(a).
(b) Monitoring plans. The owner or operator of a CSAPR SO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.731, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1) The designated representative shall report the SO
(i) The calendar quarter covering January 1, 2015 through March 31, 2015; or
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.730(b).
(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter.
(3) For CSAPR SO
(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and
(2) For a unit with add-on SO
§ 97.735 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR SO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart EEEEE – CSAPR NOX Ozone Season Group 2 Trading Program
§ 97.801 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO
§ 97.802 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR NO
(1) A CSAPR NO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR NO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR NO
Allowance transfer deadline means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR NO
Alternate designated representative means, for a CSAPR NO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.825(b)(3) for certain owners and operators of a group of one or more base CSAPR NO
Auction means, with regard to CSAPR NO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR NO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Base CSAPR NO
Base CSAPR NO
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.805.
(i) For a unit that is a CSAPR NO
(ii) For a unit that is a CSAPR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.805, for a unit that is not a CSAPR NO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of April 1 immediately after the allowance transfer deadline for such a control period before 2021, or as of July 1 immediately after such deadline for such a control period in 2021 or thereafter, the same natural person is authorized under §§ 97.813(a) and 97.815(a) as the designated representative for a group of one or more base CSAPR NO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.806(c)(2)(iii):
(1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO
(2) Provided that the allocations of CSAPR NO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of NO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR NO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A NO
(3) A NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A CO
(6) An O
Control period means the period starting May 1 of a calendar year, except as provided in § 97.806(c)(3), and ending on September 30 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
CSAPR SO
Designated representative means, for a CSAPR NO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR NO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.804(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR NO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR NO
Owner means, for a CSAPR NO
(1) Any holder of any portion of the legal or equitable title in a CSAPR NO
(2) Any holder of a leasehold interest in a CSAPR NO
(3) Any purchaser of power from a CSAPR NO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.803 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.804 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(8) or (9) of this chapter, of the CSAPR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR NO
§ 97.805 Retired unit exemption.
(a)(1) Any CSAPR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.806 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.813 through 97.818.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR NO
(2) The emissions data determined in accordance with §§ 97.830 through 97.835 shall be used to calculate allocations of CSAPR NO
(c) NO
(ii) If total NO
(A) The owners and operators of the source and each CSAPR NO
(B) The owners and operators of the source and each CSAPR NO
(2) CSAPR NO
(A) The quotient of the amount by which the common designated representative’s share of such NO
(B) The amount by which total NO
(ii) The owners and operators shall hold the CSAPR NO
(iii) Total NO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO
(v) To the extent the owners and operators fail to hold CSAPR NO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR NO
(3) Compliance periods. (i) A CSAPR NO
(ii) A base CSAPR NO
(4) Vintage of CSAPR NO
(ii) A CSAPR NO
(5) Allowance Management System requirements. Each CSAPR NO
(6) Limited authorization. A CSAPR NO
(i) Such authorization shall only be used in accordance with the CSAPR NO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR NO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR NO
(2) A description of whether a unit is required to monitor and report NO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR NO
(i) The certificate of representation under § 97.816 for the designated representative for the source and each CSAPR NO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO
(2) The designated representative of a CSAPR NO
(f) Liability. (1) Any provision of the CSAPR NO
(2) Any provision of the CSAPR NO
(g) Effect on other authorities. No provision of the CSAPR NO
§ 97.807 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO
§ 97.808 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR NO
§ 97.809 [Reserved]
§ 97.810 State NOX Ozone Season Group 2 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State NO
(1) Alabama. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 255 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 13 tons.
(2) Arkansas. (i) The NO
(ii) The new unit set-aside for 2017 is 240 tons and for 2018 and thereafter is 185 tons.
(iii) [Reserved]
(3) [Reserved]
(4) Illinois. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 302 tons.
(iii) [Reserved]
(5) Indiana. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 468 tons.
(iii) [Reserved]
(6) Iowa. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 324 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 11 tons.
(7) Kansas. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 148 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 8 tons.
(8) Kentucky. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 426 tons.
(iii) [Reserved]
(9) Louisiana. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 352 tons.
(iii) The Indian country new unit set-aside for 2017 through 2020 is 19 tons.
(10) Maryland. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 152 tons.
(iii) [Reserved]
(11) Michigan. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 665 tons.
(iii) The Indian country new unit set-aside for 2017 through 2020 is 17 tons.
(12) Mississippi. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 120 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 6 tons.
(13) Missouri. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 324 tons.
(iii) [Reserved]
(14) New Jersey. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 192 tons.
(iii) [Reserved]
(15) New York. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 252 tons.
(iii) The Indian country new unit set-aside for 2017 through 2020 is 5 tons.
(16) Ohio. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 401 tons.
(iii) [Reserved]
(17) Oklahoma. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 221 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 12 tons.
(18) Pennsylvania. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 541 tons.
(iii) [Reserved]
(19) Tennessee. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 156 tons.
(iii) [Reserved]
(20) Texas. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 998 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 52 tons.
(21) Virginia. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 562 tons.
(iii) [Reserved]
(22) West Virginia. (i) The NO
(ii) The new unit set-aside for 2017 through 2020 is 356 tons.
(iii) [Reserved]
(23) Wisconsin. (i) The NO
(ii) The new unit set-aside for 2017 and thereafter is 151 tons.
(iii) The Indian country new unit set-aside for 2017 and thereafter is 8 tons.
(b) The States’ variability limits for the State NO
(1) The variability limit for Alabama for 2017 and thereafter is 2,774 tons.
(2) The variability limit for Arkansas for 2017 is 2,530 tons and for 2018 and thereafter is 1,934 tons.
(3) [Reserved]
(4) The variability limit for Illinois for 2017 through 2020 is 3,066 tons.
(5) The variability limit for Indiana for 2017 through 2020 is 4,894 tons.
(6) The variability limit for Iowa for 2017 and thereafter is 2,367 tons.
(7) The variability limit for Kansas for 2017 and thereafter is 1,686 tons.
(8) The variability limit for Kentucky for 2017 through 2020 is 4,434 tons.
(9) The variability limit for Louisiana for 2017 through 2020 is 3,914 tons.
(10) The variability limit for Maryland for 2017 through 2020 is 804 tons.
(11) The variability limit for Michigan for 2017 through 2020 is 3,575 tons.
(12) The variability limit for Mississippi for 2017 and thereafter is 1,326 tons.
(13) The variability limit for Missouri for 2017 and thereafter is 3,314 tons.
(14) The variability limit for New Jersey for 2017 through 2020 is 433 tons.
(15) The variability limit for New York for 2017 through 2020 is 1,078 tons.
(16) The variability limit for Ohio for 2017 through 2020 is 4,100 tons.
(17) The variability limit for Oklahoma for 2017 and thereafter is 2,445 tons.
(18) The variability limit for Pennsylvania for 2017 through 2020 is 3,770 tons.
(19) The variability limit for Tennessee for 2017 and thereafter is 1,625 tons.
(20) The variability limit for Texas for 2017 and thereafter is 10,983 tons.
(21) The variability limit for Virginia for 2017 through 2020 is 1,937 tons.
(22) The variability limit for West Virginia for 2017 through 2020 is 3,741 tons.
(23) The variability limit for Wisconsin for 2017 and thereafter is 1,662 tons.
(c) Each State NO
§ 97.811 Timing requirements for CSAPR NOX Ozone Season Group 2 allowance allocations.
(a) Existing units. (1) CSAPR NO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2016, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO
(b) New units – (1) New unit set-asides. (i)(A) By June 1 of each year from 2017 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii) If the new unit set-aside for a control period before 2021 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(1)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(2) Indian country new unit set-asides. (i)(A) By June 1 of each year from 2017 through 2020, the Administrator will calculate the CSAPR NO
(B) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i)(A) or (B) of this section, as applicable. By August 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(A) of this section, or by May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i)(B) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii) If the Indian country new unit set-aside for a control period before 2021 contains any CSAPR NO
(iv) For each notice of data availability required in paragraph (b)(2)(iii) of this section, the Administrator will provide an opportunity for submission of objections to the identification of CSAPR NO
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(iii) of this section and shall be limited to addressing whether the identification of CSAPR NO
(B) The Administrator will adjust the identification of CSAPR NO
(v) To the extent any CSAPR NO
(c) Units incorrectly allocated CSAPR NO
(i)(A) The recipient is not actually a CSAPR NO
(B) The recipient is not located as of May 1 of the control period in the State from whose NO
(ii) The recipient is not actually a CSAPR NO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO
(3) If the Administrator already recorded such CSAPR NO
(4) If the Administrator already recorded such CSAPR NO
(5)(i) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such CSAPR NO
(ii) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such CSAPR NO
(iii) With regard to the CSAPR NO
(d) Recall of CSAPR NO
(2)(i) For each CSAPR NO
(ii)(A) The surrender requirement under paragraph (d)(2)(i) of this section corresponding to each CSAPR NO
(B) If the owners and operators of a given source as of a given date assumed ownership and operational control of the source through a transaction that did not also provide rights to direct the use or transfer of a given CSAPR NO
(C) The Administrator will not adjudicate any private legal dispute among the owners and operators of a source or among the former owners and operators of a source, including any disputes relating to the requirements to surrender CSAPR NO
(3)(i) As soon as practicable on or after June 29, 2021, the Administrator will send a notification to the designated representative for each source described in paragraph (d)(1) of this section identifying the amounts of CSAPR NO
(ii) As soon as practicable on or after July 14, 2021, the Administrator will deduct from the compliance account for each source described in paragraph (d)(1) of this section CSAPR NO
(iii) As soon as practicable after completion of the deductions under paragraph (d)(3)(ii) of this section, the Administrator will identify for each source described in paragraph (d)(1) of this section the amounts, if any, of CSAPR NO
(iv) With regard to each source for which unsatisfied surrender requirements under paragraph (d)(2)(i) of this section remain after the deductions under paragraph (d)(3)(ii) of this section:
(A) Except as provided in paragraph (d)(3)(iv)(B) of this section, not later than September 15, 2021, the owners and operators of the source shall hold sufficient CSAPR NO
(B) With regard to any portion of such unsatisfied surrender requirements that apply to former owners and operators of the source pursuant to paragraph (d)(2)(ii)(B) of this section, not later than September 15, 2021, such former owners and operators shall hold sufficient CSAPR NO
(C) As soon as practicable on or after September 15, 2021, the Administrator will deduct from the Allowance Management System account identified in accordance with paragraph (d)(3)(iv)(A) or (B) of this section CSAPR NO
(v) When making deductions under paragraph (d)(3)(ii) or (iv) of this section to address the surrender requirements under paragraph (d)(2)(i) of this section for a given source:
(A) The Administrator will make deductions to address any surrender requirements with regard to first the 2021 control period, then the 2022 control period, then the 2023 control period, and finally the 2024 control period.
(B) When making deductions to address the surrender requirements with regard to a given control period, the Administrator will first deduct CSAPR NO
(C) When deducting CSAPR NO
(4)(i) To the extent the surrender requirements under paragraph (d)(2)(i) of this section corresponding to any CSAPR NO
(ii) If no person with an ownership interest in a given CSAPR NO
(iii) Not less than 45 days before the planned date for any deductions under paragraph (d)(4)(i) of this section, the Administrator will send a notification to the authorized account representative for the Allowance Management System account from which such deductions will be made identifying the CSAPR NO
(5) To the extent the surrender requirements under paragraph (d)(2)(i) of this section corresponding to any CSAPR NO
(i) The persons identified in accordance with paragraph (d)(2)(ii) of this section with regard to such source and each such CSAPR NO
(ii) Each such CSAPR NO
(6) The Administrator will record in the appropriate Allowance Management System accounts all deductions of CSAPR NO
(7)(i) Each submission, objection, or other written communication from a designated representative, authorized account representative, or other person to the Administrator under paragraph (d)(2), (3), or (4) of this section shall be sent electronically to the email address [email protected]. Each such communication from a designated representative must contain the certification statement set forth in § 97.814(a), and each such communication from the authorized account representative for a general account must contain the certification statement set forth in § 97.820(c)(2)(ii).
(ii) Each notification from the Administrator to a designated representative or authorized account representative under paragraph (d)(3) or (4) of this section will be sent electronically to the email address most recently received by the Administrator for such representative. In any such notification, the Administrator may provide information by means of a reference to a publicly accessible website where the information is available.
§ 97.812 CSAPR NOX Ozone Season Group 2 allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2017 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) CSAPR NO
(iii) CSAPR NO
(iv) For purposes of paragraph (a)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2017;
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the first control period after the control period in which the unit resumes operation, for allocations for a control period before 2021, or the control period in which the unit resumes operation, for allocations for a control period in 2021 or thereafter.
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (a)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i) The Administrator will determine, for each unit described in paragraph (a)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (a)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (a)(9) and (12) of this section for a control period before 2021, or under paragraphs (a)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(1)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period before 2021 under paragraph (a)(7) of this section, paragraphs (a)(6) and (a)(9)(iv) of this section, or paragraphs (a)(6), (a)(9)(iii), and (a)(10) of this section, or for a control period in 2021 or thereafter under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section, would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
(b) Allocations from Indian country new unit set-asides. For each control period in 2017 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) For purposes of paragraph (b)(9) of this section, CSAPR NO
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2017; and
(ii)(A) The first control period after the control period in which the CSAPR NO
(B) The control period containing the deadline for certification of the CSAPR NO
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(i) and (ii), of the amount of CSAPR NO
(9) For a control period before 2021, if, after completion of the procedures under paragraphs (b)(5) through (8) of this section for such control period, any unallocated CSAPR NO
(i) The Administrator will determine, for each unit described in paragraph (b)(1) of this section that commenced commercial operation during the period starting January 1 of the year before the year of such control period and ending November 30 of the year of such control period, the positive difference (if any) between the unit’s emissions during such control period and the amount of CSAPR NO
(ii) The Administrator will determine the sum of the positive differences determined under paragraph (b)(9)(i) of this section;
(iii) If the amount of unallocated CSAPR NO
(iv) If the amount of unallocated CSAPR NO
(10) If, after completion of the procedures under paragraphs (b)(9) and (12) of this section for a control period before 2021, or under paragraphs (b)(2) through (7) and (12) of this section for a control period in 2021 or thereafter, any unallocated CSAPR NO
(i) Transfer such unallocated CSAPR NO
(ii) If the State has a SIP revision approved under § 52.38(b)(8) or (9) of this chapter covering such control period, include such unallocated CSAPR NO
(11)(i) For a control period before 2021, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(iii), (iv), and (v), of the amount of CSAPR NO
(ii) For a control period in 2021 or thereafter, the Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.811(b)(2)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period before 2021 under paragraph (b)(7) of this section or paragraphs (b)(6) and (b)(9)(iv) of this section, or for a control period in 2021 or thereafter under paragraph (b)(7) of this section, would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
§ 97.813 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.815, each CSAPR NO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.816:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO
(ii) The owners and operators of the source and each CSAPR NO
(b) Except as provided under § 97.815, each CSAPR NO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.816,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR NO
(c) Except in this section, § 97.802, and §§ 97.814 through 97.818, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.814 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.818 concerning delegation of authority to make submissions, each submission under the CSAPR NO
(b) The Administrator will accept or act on a submission made for a CSAPR NO
§ 97.815 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.816. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR NO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.816. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR NO
(2) Within 30 days after any change in the owners and operators of a CSAPR NO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR NO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.816 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR NO
(2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the CSAPR NO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section or § 97.516 that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO
§ 97.817 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.816 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.816 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO
§ 97.818 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.818(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.818(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.818 is terminated.”.
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
(f) A notice of delegation submitted under paragraph (c) of this section or § 97.518(c) that complies with the provisions of paragraph (c) of this section except that it contains the terms “40 CFR 97.518(d)” and “40 CFR 97.518” in place of the terms “40 CFR 97.818(d)” and “40 CFR 97.818”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.818(d)” and “40 CFR 97.818” appeared in place of the terms “40 CFR 97.518(d)” and “40 CFR 97.518”, respectively.
§ 97.819 [Reserved]
§ 97.820 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.816, the Administrator will establish a compliance account for the CSAPR NO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.825(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR NO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section or § 97.520(c)(1) that complies with the provisions of paragraph (c)(1) of this section except that it contains the phrase “TR NO
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR NO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR NO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR NO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.820(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.820(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.820(c)(5) is terminated.”.
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(vi) A notice of delegation submitted under paragraph (c)(5)(iii) of this section or § 97.520(c)(5)(iii) that complies with the provisions of paragraph (c)(5)(iii) of this section except that it contains the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” in place of the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c)(5)(iii) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)” appeared in place of the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)”, respectively.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR NO
(ii) If a general account has no CSAPR NO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR NO
§ 97.821 Recordation of CSAPR NOX Ozone Season Group 2 allowance allocations and auction results.
(a) By January 9, 2017, the Administrator will record in each CSAPR NO
(b) By January 9, 2017, the Administrator will record in each CSAPR NO
(1) If, by April 1, 2017 the State does not submit to the Administrator such complete SIP revision, the Administrator will record by April 15, 2017 in each CSAPR NO
(2) If the State submits to the Administrator by April 1, 2017 and the Administrator approves by October 1, 2017 such complete SIP revision, the Administrator will record by October 1, 2017 in each CSAPR NO
(3) If the State submits to the Administrator by April 1, 2017 and the Administrator does not approve by October 1, 2017 such complete SIP revision, the Administrator will record by October 1, 2017 in each CSAPR NO
(c) By July 1, 2018, the Administrator will record in each CSAPR NO
(d) By July 1, 2019, the Administrator will record in each CSAPR NO
(e) By July 1, 2020, the Administrator will record in each CSAPR NO
(f) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO
(g)(1) By August 1 of each year from 2017 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(h)(1) By August 1 of each year from 2017 through 2020, the Administrator will record in each CSAPR NO
(2) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(i) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO
(j) By February 15 of each year from 2018 through 2021, the Administrator will record in each CSAPR NO
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (j) of this section, of CSAPR NO
(l) When recording the allocation or auction of CSAPR NO
§ 97.822 Submission of CSAPR NOX Ozone Season Group 2 allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR NO
(b) A CSAPR NO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR NO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO
§ 97.823 Recordation of CSAPR NOX Ozone Season Group 2 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO
(b) A CSAPR NO
(c) Where a CSAPR NO
(d) Within 5 business days of recordation of a CSAPR NO
(e) Within 10 business days of receipt of a CSAPR NO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.824 Compliance with CSAPR NOX Ozone Season Group 2 emissions limitation.
(a) Availability for deduction for compliance. CSAPR NO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.823, of CSAPR NO
(1) Until the amount of CSAPR NO
(2) If there are insufficient CSAPR NO
(c) Selection of CSAPR NO
(2) First-in, first-out. The Administrator will deduct CSAPR NO
(i) Any CSAPR NO
(ii) Any other CSAPR NO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.825 Compliance with CSAPR NOX Ozone Season Group 2 assurance provisions.
(a) Availability for deduction. CSAPR NO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of base CSAPR NO
(b) Deductions for compliance. The Administrator will deduct CSAPR NO
(1) By June 1 of each year from 2018 through 2021 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total NO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more base CSAPR NO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.806(c)(2)(iii), §§ 97.806(b) and 97.830 through 97.835, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.802, and the calculation formula in § 97.806(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having base CSAPR NO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate base CSAPR NO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.823, of CSAPR NO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO
(A) Where the amount of CSAPR NO
(B) For the owners and operators for which the amount of CSAPR NO
(C) Each CSAPR NO
§ 97.826 Banking and conversion.
(a) A CSAPR NO
(b) Any CSAPR NO
(c) At any time after the allowance transfer deadline for the last control period for which a State NO
(d) Notwithstanding any other provision of this subpart, part 52 of this chapter, or any SIP revision approved under § 52.38(b)(8) or (9) of this chapter:
(1) By August 13, 2021, the Administrator will temporarily suspend acceptance of CSAPR NO
(i) The Administrator will determine each of the following values:
(A) The total amount of CSAPR NO
(B) The total tons of NO
(C) The full-season CSAPR NO
(D) A conversion factor, computed as the quotient, rounded down to the nearest whole number, of the remainder of the total amount of CSAPR NO
(E) The adjusted CSAPR NO
(ii) The Administrator will allocate CSAPR NO
(A) The Administrator will determine for each such source the source’s maximum share, computed as the quotient, rounded down to the nearest whole number, of the amount of CSAPR NO
(B) The Administrator will determine a source allocation scaling factor, computed as the lesser of 1.0000 or the quotient, expressed to four decimal places, of the adjusted CSAPR NO
(C) The Administrator will allocate to each such source an amount of CSAPR NO
(iii) If the sum for all sources of the allocations under paragraph (d)(1)(ii)(C) of this section is less than the adjusted CSAPR NO
(A) The Administrator will determine for each general account the account’s maximum share, computed as the quotient, rounded down to the nearest whole number, of the amount of CSAPR NO
(B) The Administrator will determine a general account allocation scaling factor, computed as the lesser of 1.0000 or the quotient, expressed to four decimal places, of the remainder of the adjusted CSAPR NO
(C) The Administrator will allocate to each general account an amount of CSAPR NO
(iv) For the compliance account of each source, and for each general account, to which an amount of CSAPR NO
(A) The Administrator will determine the amount of CSAPR NO
(B) The Administrator will record in the account the allocations of CSAPR NO
(2)(i) During the period beginning February 1, 2022 and ending February 28, 2022, the designated representative for a source in a State listed in § 52.38(b)(2)(v) of this chapter (or Indian country within the borders of such a State) may request that the Administrator allocate additional CSAPR NO
(ii) For each source covered by a request under paragraph (d)(2)(i) of this section, as soon as practicable on or after March 1, 2022, the Administrator will deduct from the source’s compliance account, on a first-in, first-out basis in the order set forth in § 97.824(c)(2)(i) and (ii), the maximum number of sets of 18 CSAPR NO
(3) After the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section, upon any determination that would otherwise result in the initial recordation of a given number of CSAPR NO
(e) Notwithstanding any other provision of this subpart or any SIP revision approved under § 52.38(b)(8) or (9) of this chapter, CSAPR NO
(1) Except as provided in paragraph (e)(2) of this section, after the Administrator has carried out the procedures set forth in paragraph (d)(1) of this section, the owner or operator of a CSAPR NO
(2) CSAPR NO
§ 97.827 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.828 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO
(b) The Administrator may deduct CSAPR NO
§ 97.829 [Reserved]
§ 97.830 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.831 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR NO
(1) May 1, 2017;
(2) 180 calendar days after the date on which the unit commences commercial operation; or
(3) Where data for the unit are reported on a control period basis under § 97.834(d)(1)(ii)(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section.
(4) The owner or operator of a CSAPR NO
(i) Such requirements shall apply to the monitoring systems required under § 97.830 through § 97.835, rather than the monitoring systems required under part 75 of this chapter;
(ii) NO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.835, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR NO
(d) Prohibitions. (1) No owner or operator of a CSAPR NO
(2) No owner or operator of a CSAPR NO
(3) No owner or operator of a CSAPR NO
(4) No owner or operator of a CSAPR NO
(i) During the period that the unit is covered by an exemption under § 97.805 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.831(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR NO
§ 97.831 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR NO
(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 appendices B, D, and E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.
(b) The recertification provisions of this section shall apply to a monitoring system under § 97.830(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.830(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 § 97.830(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.830(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.830(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.833.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.832(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.832 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.831 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.831 for each disapproved monitoring system.
§ 97.833 Notifications concerning monitoring.
The designated representative of a CSAPR NO
§ 97.834 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 97.814(a).
(b) Monitoring plans. The owner or operator of a CSAPR NO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.831, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1)(i) If a CSAPR NO
(ii) If a CSAPR NO
(A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO
(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO
(2) The designated representative shall report the NO
(i) The calendar quarter covering May 1, 2017 through June 30, 2017;
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.830(b); or
(iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section.
(3) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter.
(4) For CSAPR NO
(5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications;
(2) For a unit with add-on NO
(3) For a unit that is reporting on a control period basis under paragraph (d)(1)(ii)(B) of this section, the NO
§ 97.835 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR NO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart FFFFF – Texas SO2 Trading Program
§ 97.901 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Texas SO
§ 97.902 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to Texas SO
Allowance Management System means the system by which the Administrator records allocations, transfers, and deductions of Texas SO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, holding, transfer, or deduction of Texas SO
Allowance transfer deadline means, for a control period before 2021, midnight of March 1 immediately after such control period or, for a control period in 2021 or thereafter, midnight of June 1 immediately after such control period (or if such March 1 or June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a Texas SO
Alternate designated representative means, for a Texas SO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.925(b)(3) for certain owners and operators of a group of one or more Texas SO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of Texas SO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Business day means a day that does not fall on a weekend or a federal holiday.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Commence commercial operation means, with regard to a Texas SO
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of July 1 immediately after the allowance transfer deadline for such control period, the same natural person is authorized under §§ 97.913(a) and 97.915(a) as the designated representative for a group of one or more Texas SO
Common designated representative’s assurance level means, with regard to a specific common designated representative and control period in a given year for which the State assurance level is exceeded as described in § 97.906(c)(2)(iii):
(1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of Texas SO
(2) Provided that, in the case of a Texas SO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and the total amount of SO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a Texas SO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A SO
(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(4) A CO
(5) An O
Control period means the period starting January 1 of a calendar year, except as provided in § 97.906(c)(3), and ending on December 31 of the same year, inclusive.
CSAPR NO
Designated representative means, for a Texas SO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the Texas SO
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Natural person means a human being, as opposed to a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization.
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a Texas SO
Owner means, for a Texas SO
(1) Any holder of any portion of the legal or equitable title in a Texas SO
(2) Any holder of a leasehold interest in a Texas SO
(3) Any purchaser of power from a Texas SO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to Texas SO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Serial number means, for a Texas SO
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means Texas.
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Texas SO
Texas SO
Texas SO
Texas SO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, Texas SO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, Texas SO
Texas SO
Texas SO
Texas SO
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
§ 97.903 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.904 Applicability.
(a) Each of the units in Texas listed in the table in § 97.911(a)(1) shall be a Texas SO
(b) [Reserved]
§ 97.905 Retired unit exemptions.
(a)(1) Any Texas SO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the Texas SO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any SO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the Texas SO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. A retired unit that resumes operation will not receive an allowance allocation under § 97.911. The unit may receive allowances from the Supplemental Allowance Pool pursuant to § 97.912. All other provisions of Subpart FFFFF regarding monitoring, reporting, recordkeeping and compliance will apply on the first date on which the unit resumes operation.
§ 97.906 General provisions.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.913 through 97.918.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each Texas SO
(2) The emissions data determined in accordance with §§ 97.930 through 97.935 shall be used to calculate allocations of Texas SO
(c) SO
(ii) If total SO
(A) The owners and operators of the source and each Texas SO
(B) The owners and operators of the source and each Texas SO
(2) Texas SO
(A) The quotient of the amount by which the common designated representative’s share of such SO
(B) The amount by which total SO
(ii) The owners and operators shall hold the Texas SO
(iii) Total SO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total SO
(v) To the extent the owners and operators fail to hold Texas SO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each Texas SO
(3) Compliance periods. (i) A Texas SO
(ii) A Texas SO
(4) Vintage of Texas SO
(ii) A Texas SO
(5) Allowance Management System requirements. Each Texas SO
(6) Limited authorization. A Texas SO
(i) Such authorization shall only be used in accordance with the Texas SO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A Texas SO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of Texas SO
(2) A description of whether a unit is required to monitor and report SO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each Texas SO
(i) The certificate of representation under § 97.916 for the designated representative for the source and each Texas SO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the Texas SO
(2) The designated representative of a Texas SO
(f) Liability. (1) Any provision of the Texas SO
(2) Any provision of the Texas SO
(g) Effect on other authorities. No provision of the Texas SO
§ 97.907 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the Texas SO
(b) Unless otherwise stated, any time period scheduled, under the Texas SO
(c) Unless otherwise stated, if the final day of any time period, under the Texas SO
§ 97.908 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the Texas SO
§ 97.909 [Reserved]
§ 97.910 Texas SO2 Trading Program budget, Supplemental Allowance Pool budget, and variability limit.
(a) The budgets for the Texas SO
(1) The Texas SO
(2) The Texas SO
(b) The variability limit for the Texas SO
(c) The Texas SO
§ 97.911 Texas SO2 Trading Program allowance allocations.
(a) Allocations from the Texas SO
Table 1 to Paragraph (
| Texas SO | ORIS code | Texas SO Program allocation (tons) | Affiliated ownership group |
|---|---|---|---|
| Big Brown Unit 1 | 3497 | 8,473 | Vistra. |
| Big Brown Unit 2 | 3497 | 8,559 | Vistra. |
| Coleto Creek Unit 1 | 6178 | 9,057 | Vistra. |
| Fayette (Sam Seymour) Unit 1 | 6179 | 7,979 | Lower Colorado River Authority/City of Austin. |
| Fayette (Sam Seymour) Unit 2 | 6179 | 8,019 | Lower Colorado River Authority/City of Austin. |
| Graham Unit 2 | 3490 | 226 | Vistra. |
| HW Pirkey Unit 1 | 7902 | 8,882 | American Electric Power. |
| Harrington Unit 061B | 6193 | 5,361 | Xcel Energy. |
| Harrington Unit 062B | 6193 | 5,255 | Xcel Energy. |
| Harrington Unit 063B | 6193 | 5,055 | Xcel Energy. |
| JT Deely Unit 1 | 6181 | 6,170 | City of San Antonio. |
| JT Deely Unit 2 | 6181 | 6,082 | City of San Antonio. |
| Limestone Unit 1 | 298 | 12,081 | NRG Energy. |
| Limestone Unit 2 | 298 | 12,293 | NRG Energy. |
| Martin Lake Unit 1 | 6146 | 12,024 | Vistra. |
| Martin Lake Unit 2 | 6146 | 11,580 | Vistra. |
| Martin Lake Unit 3 | 6146 | 12,236 | Vistra. |
| Monticello Unit 1 | 6147 | 8,598 | Vistra. |
| Monticello Unit 2 | 6147 | 8,795 | Vistra. |
| Monticello Unit 3 | 6147 | 12,216 | Vistra. |
| Newman Unit 2 | 3456 | 1 | El Paso Electric. |
| Newman Unit 3 | 3456 | 1 | El Paso Electric. |
| Newman Unit **4 | 3456 | 2 | El Paso Electric. |
| Newman Unit **5 | 3456 | 2 | El Paso Electric. |
| Sandow Unit 4 | 6648 | 8,370 | Vistra. |
| Sommers Unit 1 | 3611 | 55 | City of San Antonio. |
| Sommers Unit 2 | 3611 | 7 | City of San Antonio. |
| Stryker Unit ST2 | 3504 | 145 | Vistra. |
| Tolk Unit 171B | 6194 | 6,900 | Xcel Energy. |
| Tolk Unit 172B | 6194 | 7,062 | Xcel Energy. |
| WA Parish Unit WAP4 | 3470 | 3 | NRG Energy. |
| WA Parish Unit WAP5 | 3470 | 9,580 | NRG Energy. |
| WA Parish Unit WAP6 | 3470 | 8,900 | NRG Energy. |
| WA Parish Unit WAP7 | 3470 | 7,653 | NRG Energy. |
| Welsh Unit 1 | 6139 | 6,496 | American Electric Power. |
| Welsh Unit 2 | 6139 | 7,050 | American Electric Power. |
| Welsh Unit 3 | 6139 | 7,208 | American Electric Power. |
| Wilkes Unit 1 | 3478 | 14 | American Electric Power. |
| Wilkes Unit 2 | 3478 | 2 | American Electric Power. |
| Wilkes Unit 3 | 3478 | 3 | American Electric Power. |
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation pursuant to the table in paragraph (a)(1) of this section does not operate, starting after 2018, during the control period in two consecutive years, such unit will not be allocated the Texas SO
(b) [Reserved]
(c) Units incorrectly allocated Texas SO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such Texas SO
(3) If the Administrator already recorded such Texas SO
(4) If the Administrator already recorded such Texas SO
(5) With regard to the Texas SO
§ 97.912 Texas SO2 Trading Program Supplemental Allowance Pool.
(a) For the control periods in 2019 and 2020, the Administrator will allocate Texas SO
(1) No later than February 15, 2020 and February 15, 2021, the Administrator will review all the quarterly SO
(2) For each Texas SO
(3)(i) For Coleto Creek (ORIS 6178), if the source is identified under paragraph (a)(1) of this section, the Administrator will allocate and record in the source’s compliance account an amount of allowances from the Supplemental Allowance Pool equal to the lesser of the amount calculated for the source under paragraph (a)(2) of this section or the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section.
(ii) For any Texas SO
(A) If the total for all such sources of the amounts calculated under paragraph (a)(2) of this section is less than or equal to the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section, then the Administrator will allocate and record in the compliance account for each such source an amount of allowances from the Supplemental Allowance Pool equal to the amount calculated for the source under paragraph (a)(2) of this section.
(B) If the total for all such sources of the amounts calculated under paragraph (a)(2) of this section is greater than the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section, then the Administrator will calculate each such source’s allocation of allowances from the Supplemental Allowance Pool by dividing the amount calculated under paragraph (a)(2) of this section for the source by the sum of the amounts calculated under paragraph (a)(2) of this section for all such sources, then multiplying by the number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section and rounding to the nearest allowance. The Administrator will adjust the sources’ allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the sources’ allocations to equal the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section that remain after any allocation under paragraph (a)(3)(i) of this section. The Administrator will then record the calculated allocations of allowances in the applicable compliance accounts.
(iii) Any unallocated allowances remaining in the Supplemental Allowance Pool after the allocations determined under paragraphs (a)(3)(i) and (ii) of this section will be maintained in the Supplemental Allowance Pool. These allowances will be available for allocation by the Administrator in subsequent control periods to the extent consistent with paragraph (d) of this section.
(b) For each control period in 2021 and thereafter, the Administrator will allocate Texas SO
(1) For each control period, the Administrator will assign each Texas SO
(2) No later than May 1, 2022 and May 1 of each year thereafter, the Administrator will review all the quarterly SO
(3) For each affiliated ownership group of Texas SO
(4)(i) The Administrator will allocate and record allowances from the Supplemental Allowance Pool as follows:
(A) If the total for all such affiliated ownership groups of the amounts calculated under paragraph (b)(3) of this section is less than or equal to the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section, then each such group’s allocation of allowances from the Supplemental Allowance Pool shall equal to the amount calculated for the group under paragraph (b)(3) of this section.
(B) If the total for all such affiliated ownership groups of the amounts calculated under paragraph (b)(3) of this section is greater than the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section, then the Administrator will calculate each such group’s allocation of allowances from the Supplemental Allowance Pool by dividing the amount calculated under paragraph (b)(3) of this section for the group by the sum of the amounts calculated under paragraph (b)(3) of this section for all such groups, then multiplying by the number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section and rounding to the nearest allowance. The Administrator will adjust the groups’ allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the groups’ allocations to equal the total number of allowances in the Supplemental Allowance Pool available for allocation under paragraph (d) of this section.
(C) When an affiliated ownership group receives an allocation of allowances under paragraph (b)(4)(i)(A) or (B) of this section, each source in the group whose emissions during the control period for which allowances are being allocated exceed the amount of allowances allocated to the source under § 97.911 and recorded under § 97.921 will receive a share of the group’s allocation. The Administrator will compute each such source’s share by dividing the amount of the source’s emissions during the control period exceeding the source’s allocation under § 97.911 by the sum for all such sources of the amounts of the sources’ emissions during the control period exceeding the sources’ allocations under § 97.911, then multiplying by the group’s allocation under paragraph (b)(4)(i)(A) or (B) of this section and rounding to the nearest allowance. The Administrator will adjust the sources’ allocations up or down by one allowance, starting with the largest allocation and continuing in descending order, as necessary to cause the sum of the sources’ allocations to equal the group’s allocation. The Administrator will then record the calculated allocations of allowances in the applicable sources’ compliance accounts.
(ii) Any unallocated allowances remaining in the Supplemental Allowance Pool after the allocations determined under paragraph (b)(4)(i) of this section will be maintained in the Supplemental Allowance Pool. These allowances will be available for allocation by the Administrator in subsequent control periods to the extent consistent with paragraph (d) of this section.
(c) The Administrator will notify the designated representative of each Texas SO
(d) The total amount of allowances in the Supplemental Allowance Pool available for allocation for a control period is equal to the sum of the Supplemental Allowance Pool budget under § 97.910(a)(2), any allowances from retired units pursuant to § 97.911(a)(2) and from corrections pursuant to § 97.911(c)(5), and any allowances maintained in the Supplemental Allowance Pool pursuant to paragraph (a)(3)(iii) or (b)(4)(ii) of this section, provided that if the number of allowances in the Supplemental Allowance Pool exceeds the applicable limit for the control period under paragraph (d)(1) or (d)(2) of this section, then the Administrator may only allocate allowances up to such applicable limit.
(1) For the control periods in 2019 and 2020, the total amount of allowances allocated from the Supplemental Allowance Pool for a control period may not exceed by more than 44,711 tons the sum of the Supplemental Allowance Pool budget under § 97.910(a)(2) and any portion of the Texas SO
(2) For each control period in 2021 and thereafter, the total amount of allowances allocated from the Supplemental Allowance Pool for a control period may not exceed the sum of the variability limit under § 97.910(b) and any portion of the Texas SO
§ 97.913 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.915, each Texas SO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all Texas SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.916:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each Texas SO
(ii) The owners and operators of the source and each Texas SO
(b) Except as provided under § 97.915, each Texas SO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all Texas SO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.916,
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each Texas SO
(c) Except in this section, § 97.902, and §§ 97.914 through 97.918, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.914 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.918 concerning delegation of authority to make submissions, each submission under the Texas SO
(b) The Administrator will accept or act on a submission made for a Texas SO
§ 97.915 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.916. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the Texas SO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.916. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the Texas SO
(c) Changes in owners and operators. (1) In the event an owner or operator of a Texas SO
(2) Within 30 days after any change in the owners and operators of a Texas SO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a Texas SO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.916 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the Texas SO
(2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the Texas SO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each Texas SO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the Texas SO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a Texas SO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
§ 97.917 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.916 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.916 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the Texas SO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of Texas SO
§ 97.918 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.918(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.918(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.918 is terminated.”
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
§ 97.919 [Reserved]
§ 97.920 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.916, the Administrator will establish a compliance account for the Texas SO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.925(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring Texas SO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to Texas SO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the Texas SO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to Texas SO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to Texas SO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to Texas SO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to Texas SO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the Texas SO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the Texas SO
(iii)(A) In the event a person having an ownership interest with respect to Texas SO
(B) Within 30 days after any change in the persons having an ownership interest with respect to Texas SO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the Texas SO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of Texas SO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.920(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.920(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.920(c)(5) is terminated.”
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted Texas SO
(ii) If a general account has no Texas SO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of Texas SO
§ 97.921 Recordation of Texas SO2 Trading Program allowance allocations.
(a) By November 1, 2018, the Administrator will record in each Texas SO
(b)(1) By July 1, 2019 and July 1, 2020, the Administrator will record in each Texas SO
(2) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each Texas SO
(c) By February 15 of 2020 and 2021 and May 1 of each year thereafter, the Administrator will record in each Texas SO
(d) [Reserved]
(e) When recording the allocation of Texas SO
(f) Notwithstanding paragraphs (a) and (b) of this section, with respect to the Texas SO
§ 97.922 Submission of Texas SO2 Trading Program allowance transfers.
(a) An authorized account representative seeking recordation of a Texas SO
(b) A Texas SO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each Texas SO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each Texas SO
§ 97.923 Recordation of Texas SO2 Trading Program allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a Texas SO
(b) A Texas SO
(c) Where a Texas SO
(d) Within 5 business days of recordation of a Texas SO
(e) Within 10 business days of receipt of a Texas SO
(1) A decision not to record the transfer, and
(2) The reasons for such non-recordation.
§ 97.924 Compliance with Texas SO2 Trading Program emissions limitations.
(a) Availability for deduction for compliance. Texas SO
(1) Were allocated for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.923, of Texas SO
(1) Until the amount of Texas SO
(2) If there are insufficient Texas SO
(c) Selection of Texas SO
(2) First-in, first-out. The Administrator will deduct Texas SO
(i) Any Texas SO
(ii) Any other Texas SO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the Texas SO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.925 Compliance with Texas SO2 Trading Program assurance provisions.
(a) Availability for deduction. Texas SO
(1) Were allocated for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of Texas SO
(b) Deductions for compliance. The Administrator will deduct Texas SO
(1) By August 1, 2022 and August 1 of each year thereafter, the Administrator will:
(i) Calculate the total SO
(ii) If the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total SO
(A) Calculate, for such control period and each common designated representative for such control period for a group of one or more Texas SO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the SO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.906(c)(2)(iii), §§ 97.906(b) and 97.930 through 97.935, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.902, and the calculation formula in § 97.906(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) The Administrator will establish one assurance account for each set of owners and operators referenced, in each notice of data availability required under paragraph (b)(2)(ii) of this section, as all of the owners and operators of a group of Texas SO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate Texas SO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.923, of Texas SO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of Texas SO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of Texas SO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of Texas SO
(A) Where the amount of Texas SO
(B) For the owners and operators for which the amount of Texas SO
(C) Each Texas SO
§ 97.926 Banking.
(a) A Texas SO
(b) Any Texas SO
§ 97.927 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.928 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the Texas SO
(b) The Administrator may deduct Texas SO
§ 97.929 [Reserved]
§ 97.930 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a Texas SO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each Texas SO
(1) Install all monitoring systems required under this subpart for monitoring SO
(2) Successfully complete all certification tests required under § 97.931 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a Texas SO
(1) [Reserved]
(2) [Reserved]
(3) The owner or operator of a Texas SO
(i) Such requirements shall apply to the monitoring systems required under § 97.930 through § 97.935, rather than the monitoring systems required under part 75 of this chapter;
(ii) SO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.935, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a Texas SO
(d) Prohibitions. (1) No owner or operator of a Texas SO
(2) No owner or operator of a Texas SO
(3) No owner or operator of a Texas SO
(4) No owner or operator of a Texas SO
(i) During the period that the unit is covered by an exemption under § 97.905 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.931(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a Texas SO
§ 97.931 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a Texas SO
(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 appendices B and D 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 § 97.930(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) [Reserved]
(d) Except as provided in paragraph (a) of this section, the owner or operator of a Texas SO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.930(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 § 97.930(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 or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.930(a)(1) that may significantly affect the ability of the system to accurately measure or record SO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.930(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.933.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 Texas SO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the Texas SO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.932(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 SO
(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.932 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of, or appendix D 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 § 97.931 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.931 for each disapproved monitoring system.
§ 97.933 Notifications concerning monitoring.
The designated representative of a Texas SO
§ 97.934 Recordkeeping and reporting.
(a) General provisions. The designated representative of a Texas SO
(b) Monitoring plans. The owner or operator of a Texas SO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.931, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1) The designated representative shall report the SO
(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter.
(3) For Texas SO
(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications; and
(2) For a unit with add-on SO
§ 97.935 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a Texas SO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
Subpart GGGGG – CSAPR NOX Ozone Season Group 3 Trading Program
§ 97.1001 Purpose.
This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Cross-State Air Pollution Rule (CSAPR) NO
§ 97.1002 Definitions.
The terms used in this subpart shall have the meanings set forth in this section as follows, provided that any term that includes the acronym “CSAPR” shall be considered synonymous with a term that is used in a SIP revision approved by the Administrator under § 52.38 or § 52.39 of this chapter and that is substantively identical except for the inclusion of the acronym “TR” in place of the acronym “CSAPR”:
Acid Rain Program means a multi-state SO
Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor determined by the Administrator) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.
Allocate or allocation means, with regard to CSAPR NO
(1) A CSAPR NO
(2) A new unit set-aside;
(3) An Indian country new unit set-aside; or
(4) An entity not listed in paragraphs (1) through (3) of this definition;
(5) Provided that, if the Administrator, State, or permitting authority initially credits, to a CSAPR NO
Allowance Management System means the system by which the Administrator records allocations, auctions, transfers, and deductions of CSAPR NO
Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, auction, holding, transfer, or deduction of CSAPR NO
Allowance transfer deadline means, for a control period in a given year, midnight of June 1 immediately after such control period (or if such June 1 is not a business day, midnight of the first business day thereafter) and is the deadline by which a CSAPR NO
Alternate designated representative means, for a CSAPR NO
Assurance account means an Allowance Management System account, established by the Administrator under § 97.1025(b)(3) for certain owners and operators of a group of one or more base CSAPR NO
Auction means, with regard to CSAPR NO
Authorized account representative means, for a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of CSAPR NO
Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.
Base CSAPR NO
Base CSAPR NO
Biomass means –
(1) Any organic material grown for the purpose of being converted to energy;
(2) Any organic byproduct of agriculture that can be converted into energy; or
(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is:
(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or
(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.
Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.
Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.
Business day means a day that does not fall on a weekend or a federal holiday.
Certifying official means a natural person who is:
(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function or any other person who performs similar policy- or decision-making functions for the corporation;
(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or
(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.
Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.
Coal means “coal” as defined in § 72.2 of this chapter.
Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.
Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a topping-cycle unit or a bottoming-cycle unit:
(1) Operating as part of a cogeneration system; and
(2) Producing on an annual average basis –
(i) For a topping-cycle unit,
(A) Useful thermal energy not less than 5 percent of total energy output; and
(B) Useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output; or
(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;
(3) Provided that the requirements in paragraph (2) of this definition shall not apply to a calendar year referenced in paragraph (2) of this definition during which the unit did not operate at all;
(4) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and
(5) Provided that, if, throughout its operation during the 12-month period or a calendar year referenced in paragraph (2) of this definition, a unit is operated as part of a cogeneration system and the cogeneration system meets on a system-wide basis the requirement in paragraph (2)(i)(B) or (2)(ii) of this definition, the unit shall be deemed to meet such requirement during that 12-month period or calendar year.
Combustion turbine means an enclosed device comprising:
(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and
(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.
Commence commercial operation means, with regard to a unit:
(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.1005.
(i) For a unit that is a CSAPR NO
(ii) For a unit that is a CSAPR NO
(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.1005, for a unit that is not a CSAPR NO
(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change or is moved to a different location or source, such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.
(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same or a different source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.
Common designated representative means, with regard to a control period in a given year, a designated representative where, as of July 1 immediately after the allowance transfer deadline for such control period, the same natural person is authorized under §§ 97.1013(a) and 97.1015(a) as the designated representative for a group of one or more base CSAPR NO
Common designated representative’s assurance level means, with regard to a specific common designated representative and a State (and Indian country within the borders of such State) and control period in a given year for which the State assurance level is exceeded as described in § 97.1006(c)(2)(iii):
(1) The amount (rounded to the nearest allowance) equal to the sum of the total amount of CSAPR NO
(2) Provided that –
(i) The allocations of CSAPR NO
(ii) For purposes of this definition for the control period in 2021 only, for each State the amount of the State NO
Common designated representative’s share means, with regard to a specific common designated representative for a control period in a given year and a total amount of NO
Common stack means a single flue through which emissions from 2 or more units are exhausted.
Compliance account means an Allowance Management System account, established by the Administrator for a CSAPR NO
Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NO
(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);
(2) A NO
(3) A NO
(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H
(5) A CO
(6) An O
Control period means the period starting May 1 of a calendar year, except as provided in § 97.1006(c)(3), and ending on September 30 of the same year, inclusive.
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, CSAPR NO
(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR NO
CSAPR SO
Designated representative means, for a CSAPR NO
Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative, and as modified by the Administrator:
(1) In accordance with this subpart; and
(2) With regard to a period before the unit or source is required to measure, record, and report such air pollutants in accordance with this subpart, in accordance with part 75 of this chapter.
Excess emissions means any ton of emissions from the CSAPR NO
Fossil fuel means –
(1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or
(2) For purposes of applying the limitation on “average annual fuel consumption of fossil fuel” in § 97.1004(b)(2)(i)(B) and (b)(2)(ii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.
Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 2005 or any calendar year thereafter.
General account means an Allowance Management System account, established under this subpart, that is not a compliance account or an assurance account.
Generator means a device that produces electricity.
Heat input means, for a unit for a specified period of unit operating time, the product (in mmBtu) of the gross calorific value of the fuel (in mmBtu/lb) fed into the unit multiplied by the fuel feed rate (in lb of fuel/time) and unit operating time, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.
Heat input rate means, for a unit, the quotient (in mmBtu/hr) of the amount of heat input for a specified period of unit operating time (in mmBtu) divided by unit operating time (in hr) or, for a unit and a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.
Indian country means “Indian country” as defined in 18 U.S.C. 1151.
Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or
(3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.
Maximum design heat input rate means, for a unit, the maximum amount of fuel per hour (in Btu/hr) that the unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.
Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.
Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe, rounded to the nearest tenth) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount (in MWe, rounded to the nearest tenth) as of such completion as specified by the person conducting the physical change.
Natural gas means “natural gas” as defined in § 72.2 of this chapter.
Newly affected CSAPR NO
Nitrogen oxides means all oxides of nitrogen except nitrous oxide (N
Operate or operation means, with regard to a unit, to combust fuel.
Operator means, for a CSAPR NO
Owner means, for a CSAPR NO
(1) Any holder of any portion of the legal or equitable title in a CSAPR NO
(2) Any holder of a leasehold interest in a CSAPR NO
(3) Any purchaser of power from a CSAPR NO
Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.
Permitting authority means “permitting authority” as defined in §§ 70.2 and 71.2 of this chapter.
Potential electrical output capacity means, for a unit (in MWh/yr), 33 percent of the unit’s maximum design heat input rate (in Btu/hr), divided by 3,413 Btu/kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.
Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.
Recordation, record, or recorded means, with regard to CSAPR NO
Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.
Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).
Sequential use of energy means:
(1) The use of reject heat from electricity production in a useful thermal energy application or process; or
(2) The use of reject heat from a useful thermal energy application or process in electricity production.
Serial number means, for a CSAPR NO
Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a “solid waste incineration unit” as defined in section 129(g)(1) of the Clean Air Act.
Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of “major source”, “stationary source”, or “source” as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.
State means one of the States that is subject to the CSAPR NO
Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:
(1) In person;
(2) By United States Postal Service; or
(3) By other means of dispatch or transmission and delivery;
(4) Provided that compliance with any “submission” or “service” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.
Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.
Total energy input means, for a unit, total energy of all forms supplied to the unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows:
Total energy output means, for a unit, the sum of useful power and useful thermal energy produced by the unit.
Unit means a stationary, fossil-fuel-fired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device. A unit that undergoes a physical change or is moved to a different location or source shall continue to be treated as the same unit. A unit (the replaced unit) that is replaced by another unit (the replacement unit) at the same or a different source shall continue to be treated as the same unit, and the replacement unit shall be treated as a separate unit.
Unit operating day means, with regard to a unit, a calendar day in which the unit combusts any fuel.
Unit operating hour or hour of unit operation means, with regard to a unit, an hour in which the unit combusts any fuel.
Useful power means, with regard to a unit, electricity or mechanical energy that the unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).
Useful thermal energy means thermal energy that is:
(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;
(2) Used in a heating application (e.g., space heating or domestic hot water heating); or
(3) Used in a space cooling application (i.e., in an absorption chiller).
Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.
§ 97.1003 Measurements, abbreviations, and acronyms.
Measurements, abbreviations, and acronyms used in this subpart are defined as follows:
§ 97.1004 Applicability.
(a) Except as provided in paragraph (b) of this section:
(1) The following units in a State (and Indian country within the borders of such State) shall be CSAPR NO
(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CSAPR NO
(b) Any unit in a State (and Indian country within the borders of such State) that otherwise is a CSAPR NO
(1)(i) Any unit:
(A) Qualifying as a cogeneration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) Not supplying in 2005 or any calendar year thereafter more than one-third of the unit’s potential electrical output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.
(ii) If, after qualifying under paragraph (b)(1)(i) of this section as not being a CSAPR NO
(2)(i) Any unit:
(A) Qualifying as a solid waste incineration unit throughout the later of 2005 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit throughout each calendar year ending after the later of 2005 or such 12-month period; and
(B) With an average annual fuel consumption of fossil fuel for the first 3 consecutive calendar years of operation starting no earlier than 2005 of less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years thereafter of less than 20 percent (on a Btu basis).
(ii) If, after qualifying under paragraph (b)(2)(i) of this section as not being a CSAPR NO
(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section or a SIP revision approved under § 52.38(b)(11) or (12) of this chapter, of the CSAPR NO
(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: “I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment 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) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the CSAPR NO
§ 97.1005 Retired unit exemption.
(a)(1) Any CSAPR NO
(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CSAPR NO
(b)(1) A unit exempt under paragraph (a) of this section shall not emit any NO
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the CSAPR NO
(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation.
§ 97.1006 Standard requirements.
(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.1013 through 97.1018.
(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each CSAPR NO
(2) The emissions data determined in accordance with §§ 97.1030 through 97.1035 shall be used to calculate allocations of CSAPR NO
(c) NO
(ii) If total NO
(A) The owners and operators of the source and each CSAPR NO
(B) The owners and operators of the source and each CSAPR NO
(2) CSAPR NO
(A) The quotient of the amount by which the common designated representative’s share of such NO
(B) The amount by which total NO
(ii) The owners and operators shall hold the CSAPR NO
(iii) Total NO
(iv) It shall not be a violation of this subpart or of the Clean Air Act if total NO
(v) To the extent the owners and operators fail to hold CSAPR NO
(A) The owners and operators shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and
(B) Each CSAPR NO
(3) Compliance periods. (i) A CSAPR NO
(ii) A base CSAPR NO
(4) Vintage of CSAPR NO
(ii) A CSAPR NO
(5) Allowance Management System requirements. Each CSAPR NO
(6) Limited authorization. A CSAPR NO
(i) Such authorization shall only be used in accordance with the CSAPR NO
(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit the use and duration of such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.
(7) Property right. A CSAPR NO
(d) Title V permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of CSAPR NO
(2) A description of whether a unit is required to monitor and report NO
(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each CSAPR NO
(i) The certificate of representation under § 97.1016 for the designated representative for the source and each CSAPR NO
(ii) All emissions monitoring information, in accordance with this subpart.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the CSAPR NO
(2) The designated representative of a CSAPR NO
(f) Liability. (1) Any provision of the CSAPR NO
(2) Any provision of the CSAPR NO
(g) Effect on other authorities. No provision of the CSAPR NO
§ 97.1007 Computation of time.
(a) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(b) Unless otherwise stated, any time period scheduled, under the CSAPR NO
(c) Unless otherwise stated, if the final day of any time period, under the CSAPR NO
§ 97.1008 Administrative appeal procedures.
The administrative appeal procedures for decisions of the Administrator under the CSAPR NO
§ 97.1009 [Reserved]
§ 97.1010 State NOX Ozone Season Group 3 trading budgets, new unit set-asides, Indian country new unit set-asides, and variability limits.
(a) The State NO
Table 1 to Paragraph (
[Tons]
| State | 2021 | 2022 | 2023 | 2024 and thereafter |
|---|---|---|---|---|
| Illinois | 9,102 | 9,102 | 8,179 | 8,059 |
| Indiana | 13,051 | 12,582 | 12,553 | 9,564 |
| Kentucky | 15,300 | 14,051 | 14,051 | 14,051 |
| Louisiana | 14,818 | 14,818 | 14,818 | 14,818 |
| Maryland | 1,499 | 1,266 | 1,266 | 1,348 |
| Michigan | 12,727 | 12,290 | 9,975 | 9,786 |
| New Jersey | 1,253 | 1,253 | 1,253 | 1,253 |
| New York | 3,416 | 3,416 | 3,421 | 3,403 |
| Ohio | 9,690 | 9,773 | 9,773 | 9,773 |
| Pennsylvania | 8,379 | 8,373 | 8,373 | 8,373 |
| Virginia | 4,516 | 3,897 | 3,980 | 3,663 |
| West Virginia | 13,334 | 12,884 | 12,884 | 12,884 |
Table 2 to Paragraph (
[Tons]
| State | 2021 | 2022 | 2023 | 2024 and thereafter |
|---|---|---|---|---|
| Illinois | 265 | 265 | 248 | 244 |
| Indiana | 262 | 254 | 249 | 190 |
| Kentucky | 309 | 283 | 283 | 283 |
| Louisiana | 430 | 430 | 430 | 430 |
| Maryland | 135 | 115 | 115 | 122 |
| Michigan | 500 | 482 | 388 | 382 |
| New Jersey | 27 | 27 | 27 | 27 |
| New York | 168 | 168 | 168 | 167 |
| Ohio | 291 | 290 | 290 | 290 |
| Pennsylvania | 335 | 339 | 339 | 339 |
| Virginia | 185 | 161 | 166 | 150 |
| West Virginia | 266 | 261 | 261 | 261 |
Table 3 to Paragraph (
[Tons]
| State | 2021 | 2022 | 2023 | 2024 and thereafter |
|---|---|---|---|---|
| Illinois | ||||
| Indiana | ||||
| Kentucky | ||||
| Louisiana | 15 | 15 | 15 | 15 |
| Maryland | ||||
| Michigan | 13 | 12 | 10 | 10 |
| New Jersey | ||||
| New York | 3 | 3 | 3 | 3 |
| Ohio | ||||
| Pennsylvania | ||||
| Virginia | ||||
| West Virginia |
(b) The States’ variability limits for the State NO
Table 4 to Paragraph (
[Tons]
| State | 2021 | 2022 | 2023 | 2024 and thereafter |
|---|---|---|---|---|
| Illinois | 1,911 | 1,911 | 1,718 | 1,692 |
| Indiana | 2,741 | 2,642 | 2,636 | 2,008 |
| Kentucky | 3,213 | 2,951 | 2,951 | 2,951 |
| Louisiana | 3,112 | 3,112 | 3,112 | 3,112 |
| Maryland | 315 | 266 | 266 | 283 |
| Michigan | 2,673 | 2,581 | 2,095 | 2,055 |
| New Jersey | 263 | 263 | 263 | 263 |
| New York | 717 | 717 | 718 | 715 |
| Ohio | 2,035 | 2,052 | 2,052 | 2,052 |
| Pennsylvania | 1,760 | 1,758 | 1,758 | 1,758 |
| Virginia | 948 | 818 | 836 | 769 |
| West Virginia | 2,800 | 2,706 | 2,706 | 2,706 |
(c) Each State NO
(d) For the control period in 2021 only, the Administrator will determine for each State a supplemental amount of CSAPR NO
§ 97.1011 Timing requirements for CSAPR NOX Ozone Season Group 3 allowance allocations.
(a) Existing units. (1) CSAPR NO
(2) Notwithstanding paragraph (a)(1) of this section, if a unit provided an allocation in the notice of data availability issued under paragraph (a)(1) of this section does not operate, starting after 2020, during the control period in two consecutive years, such unit will not be allocated the CSAPR NO
(b) New units – (1) New unit set-asides. (i) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(1)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(1)(i) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(1)(i) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(1)(ii)(A) of this section.
(iii) [Reserved]
(iv) [Reserved]
(v) To the extent any CSAPR NO
(2) Indian country new unit set-asides. (i) By March 1, 2022 and March 1 of each year thereafter, the Administrator will calculate the CSAPR NO
(ii) For each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.
(A) Objections shall be submitted by the deadline specified in each notice of data availability required in paragraph (b)(2)(i) of this section and shall be limited to addressing whether the calculations (including the identification of the CSAPR NO
(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By May 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(i) of this section, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(ii)(A) of this section.
(iii) [Reserved]
(iv) [Reserved]
(v) To the extent any CSAPR NO
(c) Units incorrectly allocated CSAPR NO
(i)(A) The recipient is not actually a CSAPR NO
(B) The recipient is not located as of May 1 of the control period in the State from whose NO
(ii) The recipient is not actually a CSAPR NO
(2) Except as provided in paragraph (c)(3) or (4) of this section, the Administrator will not record such CSAPR NO
(3) If the Administrator already recorded such CSAPR NO
(4) If the Administrator already recorded such CSAPR NO
(5)(i) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(11) or (12) of this chapter covering such control period, include such CSAPR NO
(ii) With regard to the CSAPR NO
(A) Transfer such CSAPR NO
(B) If the State has a SIP revision approved under § 52.38(b)(11) or (12) of this chapter covering such control period, include such CSAPR NO
(iii) With regard to the CSAPR NO
§ 97.1012 CSAPR NOX Ozone Season Group 3 allowance allocations to new units.
(a) Allocations from new unit set-asides. For each control period in 2021 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) CSAPR NO
(iii) CSAPR NO
(iv) [Reserved]
(2) The Administrator will establish a separate new unit set-aside for the State for each such control period. Each such new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2021;
(ii) The control period containing the deadline for certification of the CSAPR NO
(iii) For a unit described in paragraph (a)(1)(ii) of this section, the first control period in which the CSAPR NO
(iv) For a unit described in paragraph (a)(1)(iii) of this section, the control period in which the unit resumes operation.
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (a)(4)(i) of this section in accordance with paragraphs (a)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8)-(9) [Reserved]
(10) If, after completion of the procedures under paragraphs (a)(2) through (7) and (12) of this section for a control period, any unallocated CSAPR NO
(11) The Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.1011(b)(1)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (a)(2) through (11) of this section, if the calculations of allocations from a new unit set-aside for a control period in a given year under paragraph (a)(7) of this section or paragraphs (a)(6) and (10) of this section would otherwise result in total allocations from such new unit set-aside unequal to the total amount of such new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
(b) Allocations from Indian country new unit set-asides. For each control period in 2021 and thereafter and for the CSAPR NO
(1) The CSAPR NO
(i) CSAPR NO
(ii) [Reserved]
(2) The Administrator will establish a separate Indian country new unit set-aside for the State for each such control period. Each such Indian country new unit set-aside will be allocated CSAPR NO
(3) The Administrator will determine, for each CSAPR NO
(i) The control period in 2021; and
(ii) The control period containing the deadline for certification of the CSAPR NO
(4)(i) The allocation to each CSAPR NO
(ii) The Administrator will adjust the allocation amount in paragraph (b)(4)(i) of this section in accordance with paragraphs (b)(5) through (7) and (12) of this section.
(5) The Administrator will calculate the sum of the allocation amounts of CSAPR NO
(6) If the amount of CSAPR NO
(7) If the amount of CSAPR NO
(8) [Reserved]
(9) [Reserved]
(10) If, after completion of the procedures under paragraphs (b)(2) through (7) and (12) of this section for a control period, any unallocated CSAPR NO
(i) Transfer such unallocated CSAPR NO
(ii) If the State has a SIP revision approved under § 52.38(b)(11) or (12) of this chapter covering such control period, include such unallocated CSAPR NO
(11) The Administrator will notify the public, through the promulgation of the notices of data availability described in § 97.1011(b)(2)(i), (ii), and (v), of the amount of CSAPR NO
(12) Notwithstanding the requirements of paragraphs (b)(2) through (11) of this section, if the calculations of allocations from an Indian country new unit set-aside for a control period in a given year under paragraph (b)(7) of this section would otherwise result in total allocations from such Indian country new unit set-aside unequal to the total amount of such Indian country new unit set-aside, then the Administrator will adjust the results of such calculations as follows. The Administrator will list the CSAPR NO
§ 97.1013 Authorization of designated representative and alternate designated representative.
(a) Except as provided under § 97.1015, each CSAPR NO
(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.1016:
(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each CSAPR NO
(ii) The owners and operators of the source and each CSAPR NO
(b) Except as provided under § 97.1015, each CSAPR NO
(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all CSAPR NO
(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.1016:
(i) The alternate designated representative shall be authorized;
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and
(iii) The owners and operators of the source and each CSAPR NO
(c) Except in this section, § 97.1002, and §§ 97.1014 through 97.1018, whenever the term “designated representative” (as distinguished from the term “common designated representative”) is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative.
§ 97.1014 Responsibilities of designated representative and alternate designated representative.
(a) Except as provided under § 97.1018 concerning delegation of authority to make submissions, each submission under the CSAPR NO
(b) The Administrator will accept or act on a submission made for a CSAPR NO
§ 97.1015 Changing designated representative and alternate designated representative; changes in owners and operators; changes in units at the source.
(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.1016. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the CSAPR NO
(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.1016. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the CSAPR NO
(c) Changes in owners and operators. (1) In the event an owner or operator of a CSAPR NO
(2) Within 30 days after any change in the owners and operators of a CSAPR NO
(d) Changes in units at the source. Within 30 days of any change in which units are located at a CSAPR NO
(1) If the change is the addition of a unit that operated (other than for purposes of testing by the manufacturer before initial installation) before being located at the source, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity from whom the unit was purchased or otherwise obtained (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was purchased or otherwise obtained, and the date on which the unit became located at the source.
(2) If the change is the removal of a unit, then the certificate of representation shall identify, in a format prescribed by the Administrator, the entity to which the unit was sold or that otherwise obtained the unit (including name, address, telephone number, and facsimile number (if any)), the date on which the unit was sold or otherwise obtained, and the date on which the unit became no longer located at the source.
§ 97.1016 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate designated representative shall include the following elements in a format prescribed by the Administrator:
(1) Identification of the CSAPR NO
(2) The name, address, email address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative;
(3) A list of the owners and operators of the CSAPR NO
(4) The following certification statements by the designated representative and any alternate designated representative –
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CSAPR NO
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under the CSAPR NO
(iii) “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CSAPR NO
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(c) A certificate of representation under this section, § 97.516, or § 97.816 that complies with the provisions of paragraph (a) of this section except that it contains the phrase “TR NO
§ 97.1017 Objections concerning designated representative and alternate designated representative.
(a) Once a complete certificate of representation under § 97.1016 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.1016 is received by the Administrator.
(b) Except as provided in paragraph (a) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the CSAPR NO
(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of CSAPR NO
§ 97.1018 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(c) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, email address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;
(2) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative:
(i) “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1018(d) shall be deemed to be an electronic submission by me.”; and
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1018(d), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.1018 is terminated.”
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
(f) A notice of delegation submitted under paragraph (c) of this section, § 97.518(c), or § 97.818(c) that complies with the provisions of paragraph (c) of this section except that it contains the terms “40 CFR 97.518(d)” and “40 CFR 97.518” or the terms “40 CFR 97.818(d)” and “40 CFR 97.818” in place of the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.1018(d)” and “40 CFR 97.1018” appeared in place of the terms “40 CFR 97.518(d)” and “40 CFR 97.518” or the terms “40 CFR 97.818(d)” and “40 CFR 97.818”, respectively.
§ 97.1019 [Reserved]
§ 97.1020 Establishment of compliance accounts, assurance accounts, and general accounts.
(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.1016, the Administrator will establish a compliance account for the CSAPR NO
(b) Assurance accounts. The Administrator will establish assurance accounts for certain owners and operators and States in accordance with § 97.1025(b)(3).
(c) General accounts – (1) Application for general account. (i) Any person may apply to open a general account, for the purpose of holding and transferring CSAPR NO
(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to CSAPR NO
(B) The agreement by which the alternate authorized account representative is selected shall include a procedure for authorizing the alternate authorized account representative to act in lieu of the authorized account representative.
(ii) A complete application for a general account shall include the following elements in a format prescribed by the Administrator:
(A) Name, mailing address, email address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;
(B) An identifying name for the general account;
(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the CSAPR NO
(D) The following certification statement by the authorized account representative and any alternate authorized account representative: “I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CSAPR NO
(E) The signature of the authorized account representative and any alternate authorized account representative and the dates signed.
(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(iv) An application for a general account under paragraph (c)(1) of this section, § 97.520(c)(1), or § 97.820(c)(1) that complies with the provisions of paragraph (c)(1) of this section except that it contains the phrase “TR NO
(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (c)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted, and upon and after such receipt by the Administrator:
(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CSAPR NO
(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.
(C) Each person who has an ownership interest with respect to CSAPR NO
(ii) Except as provided in paragraph (c)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to CSAPR NO
(iii) Except in this section, whenever the term “authorized account representative” is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.
(iv) A certification statement submitted in accordance with paragraph (c)(2)(ii) of this section that contains the phrase “TR NO
(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the CSAPR NO
(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (c)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the CSAPR NO
(iii)(A) In the event a person having an ownership interest with respect to CSAPR NO
(B) Within 30 days after any change in the persons having an ownership interest with respect to CSAPR NO
(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (c)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (c)(1) of this section is received by the Administrator.
(ii) Except as provided in paragraph (c)(4)(i) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the CSAPR NO
(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of CSAPR NO
(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.
(iii) In order to delegate authority to a natural person to make an electronic submission to the Administrator in accordance with paragraph (c)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(A) The name, address, email address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;
(B) The name, address, email address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to in this section as an “agent”);
(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (c)(5)(i) or (ii) of this section for which authority is delegated to him or her;
(D) The following certification statement by such authorized account representative or alternate authorized account representative: “I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1020(c)(5)(iv) shall be deemed to be an electronic submission by me.”; and
(E) The following certification statement by such authorized account representative or alternate authorized account representative: “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.1020(c)(5)(iv), I agree to maintain an email account and to notify the Administrator immediately of any change in my email address unless all delegation of authority by me under 40 CFR 97.1020(c)(5) is terminated.”
(iv) A notice of delegation submitted under paragraph (c)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(v) Any electronic submission covered by the certification in paragraph (c)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (c)(5)(iv) of this section shall be deemed to be an electronic submission by the authorized account representative or alternate authorized account representative submitting such notice of delegation.
(vi) A notice of delegation submitted under paragraph (c)(5)(iii) of this section, § 97.520(c)(5)(iii), or § 97.820(c)(5)(iii) that complies with the provisions of paragraph (c)(5)(iii) of this section except that it contains the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” or the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)” in place of the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)”, respectively, in the required certification statements will be considered a valid notice of delegation submitted under paragraph (c)(5)(iii) of this section, and the certification statements included in such notice of delegation will be interpreted for purposes of this subpart as if the terms “40 CFR 97.1020(c)(5)(iv)” and “40 CFR 97.1020(c)(5)” appeared in place of the terms “40 CFR 97.520(c)(5)(iv)” and “40 CFR 97.520(c)(5)” or the terms “40 CFR 97.820(c)(5)(iv)” and “40 CFR 97.820(c)(5)”, respectively.
(6) Closing a general account. (i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted CSAPR NO
(ii) If a general account has no CSAPR NO
(d) Account identification. The Administrator will assign a unique identifying number to each account established under paragraph (a), (b), or (c) of this section.
(e) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of a compliance account or general account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CSAPR NO
§ 97.1021 Recordation of CSAPR NOX Ozone Season Group 3 allowance allocations and auction results.
(a) By July 29, 2021, the Administrator will record in each CSAPR NO
(b) By July 29, 2021, the Administrator will record in each CSAPR NO
(1) If, by September 1, 2021 the State does not submit to the Administrator such complete SIP revision, the Administrator will record by September 15, 2021 in each CSAPR NO
(2) If the State submits to the Administrator by September 1, 2021 and the Administrator approves by March 1, 2022 such complete SIP revision, the Administrator will record by March 1, 2022 in each CSAPR NO
(3) If the State submits to the Administrator by September 1, 2021 and the Administrator does not approve by March 1, 2022 such complete SIP revision, the Administrator will record by March 1, 2022 in each CSAPR NO
(c) By September 1, 2023, the Administrator will record in each CSAPR NO
(d)- (e) [Reserved]
(f) By July 1, 2024 and July 1 of each year thereafter, the Administrator will record in each CSAPR NO
(g) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(h) By May 1, 2022 and May 1 of each year thereafter, the Administrator will record in each CSAPR NO
(i)-(j) [Reserved]
(k) By the date 15 days after the date on which any allocation or auction results, other than an allocation or auction results described in paragraphs (a) through (h) of this section, of CSAPR NO
(l) When recording the allocation or auction of CSAPR NO
(m) Notwithstanding any other provision of this subpart, if, as of the otherwise applicable deadline for recording any CSAPR NO
§ 97.1022 Submission of CSAPR NOX Ozone Season Group 3 allowance transfers.
(a) An authorized account representative seeking recordation of a CSAPR NO
(b) A CSAPR NO
(1) The transfer includes the following elements, in a format prescribed by the Administrator:
(i) The account numbers established by the Administrator for both the transferor and transferee accounts;
(ii) The serial number of each CSAPR NO
(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and
(2) When the Administrator attempts to record the transfer, the transferor account includes each CSAPR NO
§ 97.1023 Recordation of CSAPR NOX Ozone Season Group 3 allowance transfers.
(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CSAPR NO
(b) A CSAPR NO
(c) Where a CSAPR NO
(d) Within 5 business days of recordation of a CSAPR NO
(e) Within 10 business days of receipt of a CSAPR NO
(1) A decision not to record the transfer; and
(2) The reasons for such non-recordation.
§ 97.1024 Compliance with CSAPR NOX Ozone Season Group 3 emissions limitation.
(a) Availability for deduction for compliance. CSAPR NO
(1) Were allocated or auctioned for such control period or a control period in a prior year; and
(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.
(b) Deductions for compliance. After the recordation, in accordance with § 97.1023, of CSAPR NO
(1) Until the amount of CSAPR NO
(2) If there are insufficient CSAPR NO
(c) Selection of CSAPR NO
(2) First-in, first-out. The Administrator will deduct CSAPR NO
(i) Any CSAPR NO
(ii) Any other CSAPR NO
(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR NO
(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section.
§ 97.1025 Compliance with CSAPR NOX Ozone Season Group 3 assurance provisions.
(a) Availability for deduction. CSAPR NO
(1) Were allocated or auctioned for a control period in a prior year or the control period in the given year or in the immediately following year; and
(2) Are held in the assurance account, established by the Administrator for such owners and operators of such group of base CSAPR NO
(b) Deductions for compliance. The Administrator will deduct CSAPR NO
(1) By August 1, 2022 and August 1 of each year thereafter, the Administrator will:
(i) Calculate, for each State (and Indian country within the borders of such State), the total NO
(ii) For the set of any States (and Indian country within the borders of such States) for which the results of the calculations required in paragraph (b)(1)(i) of this section indicate that total NO
(A) Calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated representative for such control period for a group of one or more base CSAPR NO
(B) Promulgate a notice of data availability of the results of the calculations required in paragraphs (b)(1)(i) and (b)(1)(ii)(A) of this section, including separate calculations of the NO
(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice of data availability required in paragraph (b)(1)(ii) of this section.
(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations referenced in such notice are in accordance with § 97.1006(c)(2)(iii), §§ 97.1006(b) and 97.1030 through 97.1035, the definitions of “common designated representative”, “common designated representative’s assurance level”, and “common designated representative’s share” in § 97.1002, and the calculation formula in § 97.1006(c)(2)(i).
(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By October 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of data availability of the results of the calculations incorporating any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.
(3) For any State (and Indian country within the borders of such State) referenced in each notice of data availability required in paragraph (b)(2)(ii) of this section as having base CSAPR NO
(4)(i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate base CSAPR NO
(ii) Notwithstanding the allowance-holding deadline specified in paragraph (b)(4)(i) of this section, if November 1 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.
(5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(ii) of this section and after the recordation, in accordance with § 97.1023, of CSAPR NO
(6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(ii) of this section for a control period in a given year, of any data used in making the calculations referenced in such notice, the amounts of CSAPR NO
(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of CSAPR NO
(ii) [Reserved]
(iii) If the revised data are used to recalculate, in accordance with paragraph (b)(6)(i) of this section, the amount of CSAPR NO
(A) Where the amount of CSAPR NO
(B) For the owners and operators for which the amount of CSAPR NO
(C) Each CSAPR NO
§ 97.1026 Banking.
(a) A CSAPR NO
(b) Any CSAPR NO
(c) At any time after the allowance transfer deadline for the last control period for which a State NO
§ 97.1027 Account error.
The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.
§ 97.1028 Administrator’s action on submissions.
(a) The Administrator may review and conduct independent audits concerning any submission under the CSAPR NO
(b) The Administrator may deduct CSAPR NO
§ 97.1029 [Reserved]
§ 97.1030 General monitoring, recordkeeping, and reporting requirements.
The owners and operators, and to the extent applicable, the designated representative, of a CSAPR NO
(a) Requirements for installation, certification, and data accounting. The owner or operator of each CSAPR NO
(1) Install all monitoring systems required under this subpart for monitoring NO
(2) Successfully complete all certification tests required under § 97.1031 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and
(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.
(b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR NO
(1) May 1, 2021;
(2) 180 calendar days after the date on which the unit commences commercial operation; or
(3) Where data for the unit are reported on a control period basis under § 97.1034(d)(1)(ii)(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section.
(4) The owner or operator of a CSAPR NO
(i) Such requirements shall apply to the monitoring systems required under § 97.1030 through § 97.1035, rather than the monitoring systems required under part 75 of this chapter;
(ii) NO
(iii) Any petition for another procedure under § 75.4(e)(2) of this chapter shall be submitted under § 97.1035, rather than § 75.66 of this chapter.
(c) Reporting data. The owner or operator of a CSAPR NO
(d) Prohibitions. (1) No owner or operator of a CSAPR NO
(2) No owner or operator of a CSAPR NO
(3) No owner or operator of a CSAPR NO
(4) No owner or operator of a CSAPR NO
(i) During the period that the unit is covered by an exemption under § 97.1005 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.1031(d)(3)(i).
(e) Long-term cold storage. The owner or operator of a CSAPR NO
§ 97.1031 Initial monitoring system certification and recertification procedures.
(a) The owner or operator of a CSAPR NO
(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 appendices B, D, and E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.
(b) The recertification provisions of this section shall apply to a monitoring system under § 97.1030(a)(1) that is exempt from initial certification requirements under paragraph (a) of this section.
(c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO
(d) Except as provided in paragraph (a) of this section, the owner or operator of a CSAPR NO
(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.1030(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 § 97.1030(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.
(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.1030(a)(1) that may significantly affect the ability of the system to accurately measure or record NO
(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.1030(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in § 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words “certification” and “initial certification” are replaced by the word “recertification” and the word “certified” is replaced by the word “recertified”.
(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.1033.
(ii) Certification application. The designated representative shall submit to the Administrator a certification application for each monitoring system. A complete certification application shall include the information specified in § 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 CSAPR NO
(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CSAPR NO
(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.
(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section.
(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).
(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.1032(b).
(v) Procedures for loss of certification. If the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:
(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 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 NO
(2) For a disapproved NO
(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO
(4) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.
(5) For a disapproved excepted NO
(B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.
(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Administrator’s notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.
(e) The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under § 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) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter.
§ 97.1032 Monitoring system out-of-control periods.
(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or subpart H of, or appendix D or appendix E to, part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.1031 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any State or permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.1031 for each disapproved monitoring system.
§ 97.1033 Notifications concerning monitoring.
The designated representative of a CSAPR NO
§ 97.1034 Recordkeeping and reporting.
(a) General provisions. The designated representative shall comply with all recordkeeping and reporting requirements in paragraphs (b) through (e) of this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 97.1014(a).
(b) Monitoring plans. The owner or operator of a CSAPR NO
(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.1031, including the information required under § 75.63 of this chapter.
(d) Quarterly reports. The designated representative shall submit quarterly reports, as follows:
(1)(i) If a CSAPR NO
(ii) If a CSAPR NO
(A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO
(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO
(2) The designated representative shall report the NO
(i) The calendar quarter covering May 1, 2021 through June 30, 2021;
(ii) The calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.1030(b); or
(iii) For a unit that reports on a control period basis under paragraph (d)(1)(ii)(B) of this section, if the calendar quarter under paragraph (d)(2)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(2)(ii) of this section.
(3) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.73(f) of this chapter.
(4) For CSAPR NO
(5) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.
(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.
(ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(3) of this section.
(e) Compliance certification. The designated representative shall submit to the Administrator a compliance certification (in a format prescribed by the Administrator) in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state that:
(1) The monitoring data submitted were recorded in accordance with the applicable requirements of this subpart and part 75 of this chapter, including the quality assurance procedures and specifications;
(2) For a unit with add-on NO
(3) For a unit that is reporting on a control period basis under paragraph (d)(1)(ii)(B) of this section, the NO
§ 97.1035 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements.
(a) The designated representative of a CSAPR NO
(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:
(1) Identification of each unit and source covered by the petition;
(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;
(3) A description and diagram of any equipment and procedures used in the proposed alternative;
(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and
(5) Any other relevant information that the Administrator may require.
(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval.
PART 98 – MANDATORY GREENHOUSE GAS REPORTING
Subpart A – General Provision
§ 98.1 Purpose and scope.
(a) This part establishes mandatory greenhouse gas (GHG) reporting requirements for owners and operators of certain facilities that directly emit GHG as well as for certain suppliers. For suppliers, the GHGs reported are the quantity that would be emitted from combustion or use of the products supplied.
(b) Owners and operators of facilities and suppliers that are subject to this part must follow the requirements of this subpart and all applicable subparts of this part. If a conflict exists between a provision in subpart A and any other applicable subpart, the requirements of the applicable subpart shall take precedence.
(c) For facilities required to report under onshore petroleum and natural gas production under subpart W of this part, the terms Owner and Operator used in subpart A have the same definition as Onshore petroleum and natural gas production owner or operator, as defined in § 98.238 of this part.
§ 98.2 Who must report?
(a) The GHG reporting requirements and related monitoring, recordkeeping, and reporting requirements of this part apply to the owners and operators of any facility that is located in the United States or under or attached to the Outer Continental Shelf (as defined in 43 U.S.C. 1331) and that meets the requirements of either paragraph (a)(1), (a)(2), or (a)(3) of this section; and any supplier that meets the requirements of paragraph (a)(4) of this section:
(1) A facility that contains any source category that is listed in Table A-3 of this subpart. For these facilities, the annual GHG report must cover stationary fuel combustion sources (subpart C of this part), miscellaneous use of carbonates (subpart U of this part), and all applicable source categories listed in Tables A-3 and A-4 of this subpart.
(2) A facility that contains any source category that is listed in Table A-4 of this subpart and that emits 25,000 metric tons CO
(3) A facility that in any calendar year starting in 2010 meets all three of the conditions listed in this paragraph (a)(3). For these facilities, the annual GHG report must cover emissions from stationary fuel combustion sources only.
(i) The facility does not meet the requirements of either paragraph (a)(1) or (a)(2) of this section.
(ii) The aggregate maximum rated heat input capacity of the stationary fuel combustion units at the facility is 30 mmBtu/hr or greater.
(iii) The facility emits 25,000 metric tons CO
(4) A supplier that is listed in Table A-5 of this subpart. For these suppliers, the annual GHG report must cover all applicable products for which calculation methodologies are provided in the subparts listed in Table A-5 of this subpart.
(5) Research and development activities are not considered to be part of any source category defined in this part.
(b) To calculate GHG emissions for comparison to the 25,000 metric ton CO
(1) Calculate the annual emissions of CO
(2) For each general stationary fuel combustion unit, calculate the annual CO
(3) For miscellaneous uses of carbonate, calculate the annual CO
(4) Sum the emissions estimates from paragraphs (b)(1), (b)(2), and (b)(3) of this section for each GHG and calculate metric tons of CO
(5) For purpose of determining if an emission threshold has been exceeded, include in the emissions calculation any CO
(c) To calculate GHG emissions for comparison to the 25,000 metric ton CO
(d) To calculate GHG quantities for comparison to the 25,000 metric ton CO
(e) To calculate GHG quantities for comparison to the 25,000 metric ton CO
(f) To calculate GHG quantities for comparison to the 25,000 metric ton CO
(1) Calculate the mass in metric tons per year of CO
(2) Convert the mass of each imported and each GHG exported from paragraph (f)(1) of this section to metric tons of CO
(3) Sum the total annual metric tons of CO
(g) If a capacity or generation reporting threshold in paragraph (a)(1) of this section applies, the owner or operator shall review the appropriate records and perform any necessary calculations to determine whether the threshold has been exceeded.
(h) An owner or operator of a facility or supplier that does not meet the applicability requirements of paragraph (a) of this section is not subject to this rule. Such owner or operator would become subject to the rule and reporting requirements, if a facility or supplier exceeds the applicability requirements of paragraph (a) of this section at a later time pursuant to § 98.3(b)(3). Thus, the owner or operator should reevaluate the applicability to this part (including the revising of any relevant emissions calculations or other calculations) whenever there is any change that could cause a facility or supplier to meet the applicability requirements of paragraph (a) of this section. Such changes include but are not limited to process modifications, increases in operating hours, increases in production, changes in fuel or raw material use, addition of equipment, and facility expansion.
(i) Except as provided in this paragraph, once a facility or supplier is subject to the requirements of this part, the owner or operator must continue for each year thereafter to comply with all requirements of this part, including the requirement to submit annual GHG reports, even if the facility or supplier does not meet the applicability requirements in paragraph (a) of this section in a future year.
(1) If reported emissions are less than 25,000 metric tons CO
(2) If reported emissions are less than 15,000 metric tons CO
(3) If the operations of a facility or supplier are changed such that all applicable processes and operations subject to paragraphs (a)(1) through (4) of this section cease to operate, then the owner or operator may discontinue complying with this part for the reporting years following the year in which cessation of such operations occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting and certifies to the closure of all applicable processes and operations no later than March 31 of the year following such changes. If one or more processes or operations subject to paragraphs (a)(1) through (4) of this section at a facility or supplier cease to operate, but not all applicable processes or operations cease to operate, then the owner or operator is exempt from reporting for any such processes or operations in the reporting years following the reporting year in which cessation of the process or operation occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting for the process or operation no later than March 31 following the first reporting year in which the process or operation has ceased for an entire reporting year. Cessation of operations in the context of underground coal mines includes, but is not limited to, abandoning and sealing the facility. This paragraph (i)(3) does not apply to seasonal or other temporary cessation of operations. This paragraph (i)(3) does not apply to the municipal solid waste landfills source category (subpart HH of this subpart), or the industrial waste landfills source category (subpart TT of this part). The owner or operator must resume reporting for any future calendar year during which any of the GHG-emitting processes or operations resume operation.
(4) The provisions of paragraphs (i)(1) and (2) of this section apply to suppliers subject to subparts LL through QQ of this part by substituting the term “quantity of GHG supplied” for “emissions.” For suppliers, the provisions of paragraphs (i)(1) and (2) apply individually to each importer and exporter and individually to each petroleum refinery, fractionator of natural gas liquids, local natural gas distribution company, and producer of CO
(5) If the operations of a facility or supplier are changed such that a process or operation no longer meets the “Definition of Source Category” as specified in an applicable subpart, then the owner or operator may discontinue complying with any such subpart for the reporting years following the year in which change occurs, provided that the owner or operator submits a notification to the Administrator that announces the cessation of reporting for the process or operation no later than March 31 following the first reporting year in which such changes persist for an entire reporting year. The owner or operator must resume complying with this part for the process or operation starting in any future calendar year during which the process or operation meets the “Definition of Source Category” as specified in an applicable subpart.
(6) If an entire facility or supplier is merged into another facility or supplier that is already reporting GHG data under this part, then the owner or operator may discontinue complying with this part for the facility or supplier, provided that the owner or operator submits a notification to the Administrator that announces the discontinuation of reporting and the e-GGRT identification number of the reconstituted facility no later than March 31 of the year following such changes.
(j) Table A-2 of this subpart provides a conversion table for some of the common units of measure used in part 98.
§ 98.3 What are the general monitoring, reporting, recordkeeping and verification requirements of this part?
The owner or operator of a facility or supplier that is subject to the requirements of this part must submit GHG reports to the Administrator, as specified in this section.
(a) General. Except as provided in paragraph (d) of this section, follow the procedures for emission calculation, monitoring, quality assurance, missing data, recordkeeping, and reporting that are specified in each relevant subpart of this part.
(b) Schedule. The annual GHG report for reporting year 2010 must be submitted no later than September 30, 2011. The annual report for reporting years 2011 and beyond must be submitted no later than March 31 of each calendar year for GHG emissions in the previous calendar year, except as provided in paragraph (b)(1) of this section.
(1) For reporting year 2011, facilities with one or more of the subparts listed in paragraphs (b)(1)(i) through (b)(1)(xi) of this section and suppliers listed in paragraph (b)(1)(xii) of this section are required to submit their annual GHG report no later than September 28, 2012. Facilities and suppliers that are submitting their second annual GHG report in 2012 and that are reporting on one or more subparts listed in paragraphs (b)(1)(i) through (b)(1)(xii) of this section must notify EPA by March 31, 2012 that they are not required to submit their annual GHG report until September 28, 2012.
(i) Electronics Manufacturing (subpart I).
(ii) Fluorinated Gas Production (subpart L).
(iii) Magnesium Production (subpart T).
(iv) Petroleum and Natural Gas Systems (subpart W).
(v) Use of Electric Transmission and Distribution Equipment (subpart DD).
(vi) Underground Coal Mines (subpart FF).
(vii) Industrial Wastewater Treatment (subpart II).
(viii) Geologic Sequestration of Carbon Dioxide (subpart RR).
(ix) Manufacture of Electric Transmission and Distribution (subpart SS).
(x) Industrial Waste Landfills (subpart TT).
(xi) Injection of Carbon Dioxide (subpart UU).
(xii) Imports and Exports of Equipment Pre-charged with Fluorinated GHGs or Containing Fluorinated GHGs in Closed-cell Foams (subpart QQ).
(2) For a new facility or supplier that begins operation on or after January 1, 2010 and becomes subject to the rule in the year that it becomes operational, report emissions beginning with the first operating month and ending on December 31 of that year. Each subsequent annual report must cover emissions for the calendar year, beginning on January 1 and ending on December 31.
(3) For any facility or supplier that becomes subject to this rule because of a physical or operational change that is made after January 1, 2010, report emissions for the first calendar year in which the change occurs, beginning with the first month of the change and ending on December 31 of that year. For a facility or supplier that becomes subject to this rule solely because of an increase in hours of operation or level of production, the first month of the change is the month in which the increased hours of operation or level of production, if maintained for the remainder of the year, would cause the facility or supplier to exceed the applicable threshold. Each subsequent annual report must cover emissions for the calendar year, beginning on January 1 and ending on December 31.
(4) Unless otherwise stated, if the final day of any time period falls on a weekend or a federal holiday, the time period shall be extended to the next business day.
(c) Content of the annual report. Except as provided in paragraph (d) of this section, each annual GHG report shall contain the following information:
(1) Facility name or supplier name (as appropriate), and physical street address of the facility or supplier, including the city, State, and zip code. If the facility does not have a physical street address, then the facility must provide the latitude and longitude representing the geographic centroid or center point of facility operations in decimal degree format. This must be provided in a comma-delimited “latitude, longitude” coordinate pair reported in decimal degrees to at least four digits to the right of the decimal point.
(2) Year and months covered by the report.
(3) Date of submittal.
(4) For facilities, except as otherwise provided in paragraph (c)(12) of this section, report annual emissions of CO
(i) Annual emissions (excluding biogenic CO
(ii) Annual emissions of biogenic CO
(iii) Annual emissions from each applicable source category, expressed in metric tons of each applicable GHG listed in paragraphs (c)(4)(iii)(A) through (F) of this section.
(A) Biogenic CO
(B) CO
(C) CH
(D) N
(E) Each fluorinated GHG (as defined in § 98.6), except fluorinated gas production facilities must comply with § 98.126(a) rather than this paragraph (c)(4)(iii)(E). If a fluorinated GHG does not have a chemical-specific GWP in Table A-1 of this subpart, identify and report the fluorinated GHG group of which that fluorinated GHG is a member.
(F) For electronics manufacturing (as defined in § 98.90), each fluorinated heat transfer fluid (as defined in § 98.98) that is not also a fluorinated GHG as specified under (c)(4)(iii)(E) of this section. If a fluorinated heat transfer fluid does not have a chemical-specific GWP in Table A-1 of this subpart, identify and report the fluorinated GHG group of which that fluorinated heat transfer fluid is a member.
(G) For each reported fluorinated GHG and fluorinated heat transfer fluid, report the following identifying information:
(1) Chemical name. If the chemical is not listed in Table A-1 of this subpart, then use the method of naming organic chemical compounds as recommended by the International Union of Pure and Applied Chemistry (IUPAC).
(2) The CAS registry number assigned by the Chemical Abstracts Registry Service. If a CAS registry number is not assigned or is not associated with a single fluorinated GHG or fluorinated heat transfer fluid, then report an identification number assigned by EPA’s Substance Registry Services.
(3) Linear chemical formula.
(iv) Except as provided in paragraph (c)(4)(vii) of this section, emissions and other data for individual units, processes, activities, and operations as specified in the “Data reporting requirements” section of each applicable subpart of this part.
(v) Indicate (yes or no) whether reported emissions include emissions from a cogeneration unit located at the facility.
(vi) [Reserved]
(vii) The owner or operator of a facility is not required to report the data elements specified in Table A-6 of this subpart for calendar years 2010 through 2011 until March 31, 2013. The owner or operator of a facility is not required to report the data elements specified in Table A-7 of this subpart for calendar years 2010 through 2013 until March 31, 2015 (as part of the annual report for reporting year 2014), except as otherwise specified in Table A-7 of this subpart.
(viii) Applicable source categories means stationary fuel combustion sources (subpart C of this part), miscellaneous use of carbonates (subpart U of this part), and all of the source categories listed in Table A-3 and Table A-4 of this subpart present at the facility.
(5) For suppliers, report annual quantities of CO
(i) Total quantity of GHG aggregated for all GHG from all applicable supply categories in Table A-5 of this subpart and expressed in metric tons of CO
(ii) Quantity of each GHG from each applicable supply category in Table A-5 to this subpart, expressed in metric tons of each GHG. For each reported fluorinated GHG, report the following identifying information:
(A) Chemical name. If the chemical is not listed in Table A-1 of this subpart, then use the method of naming organic chemical compounds as recommended by the International Union of Pure and Applied Chemistry (IUPAC).
(B) The CAS registry number assigned by the Chemical Abstracts Registry Service. If a CAS registry number is not assigned or is not associated with a single fluorinated GHG, then report an identification number assigned by EPA’s Substance Registry Services.
(C) Linear chemical formula.
(iii) Any other data specified in the “Data reporting requirements” section of each applicable subpart of this part.
(6) A written explanation, as required under § 98.3(e), if you change emission calculation methodologies during the reporting period.
(7) A brief description of each “best available monitoring method” used, the parameter measured using the method, and the time period during which the “best available monitoring method” was used, if applicable.
(8) Each parameter for which a missing data procedure was used according to the procedures of an applicable subpart and the total number of hours in the year that a missing data procedure was used for each parameter. Parameters include not only reported data elements, but any data element required for monitoring and calculating emissions.
(9) A signed and dated certification statement provided by the designated representative of the owner or operator, according to the requirements of § 98.4(e)(1).
(10) NAICS code(s) that apply to the facility or supplier.
(i) Primary NAICS code. Report the NAICS code that most accurately describes the facility or supplier’s primary product/activity/service. The primary product/activity/service is the principal source of revenue for the facility or supplier. A facility or supplier that has two distinct products/activities/services providing comparable revenue may report a second primary NAICS code.
(ii) Additional NAICS code(s). Report all additional NAICS codes that describe all product(s)/activity(s)/service(s) at the facility or supplier that are not related to the principal source of revenue.
(11) Legal name(s) and physical address(es) of the highest-level United States parent company(s) of the owners (or operators) of the facility or supplier and the percentage of ownership interest for each listed parent company as of December 31 of the year for which data are being reported according to the following instructions:
(i) If the facility or supplier is entirely owned by a single United States company that is not owned by another company, provide that company’s legal name and physical address as the United States parent company and report 100 percent ownership.
(ii) If the facility or supplier is entirely owned by a single United States company that is, itself, owned by another company (e.g., it is a division or subsidiary of a higher-level company), provide the legal name and physical address of the highest-level company in the ownership hierarchy as the United States parent company and report 100 percent ownership.
(iii) If the facility or supplier is owned by more than one United States company (e.g., company A owns 40 percent, company B owns 35 percent, and company C owns 25 percent), provide the legal names and physical addresses of all the highest-level companies with an ownership interest as the United States parent companies, and report the percent ownership of each company.
(iv) If the facility or supplier is owned by a joint venture or a cooperative, the joint venture or cooperative is its own United States parent company. Provide the legal name and physical address of the joint venture or cooperative as the United States parent company, and report 100 percent ownership by the joint venture or cooperative.
(v) If the facility or supplier is entirely owned by a foreign company, provide the legal name and physical address of the foreign company’s highest-level company based in the United States as the United States parent company, and report 100 percent ownership.
(vi) If the facility or supplier is partially owned by a foreign company and partially owned by one or more U.S. companies, provide the legal name and physical address of the foreign company’s highest-level company based in the United States, along with the legal names and physical addresses of the other U.S. parent companies, and report the percent ownership of each of these companies.
(vii) If the facility or supplier is a federally owned facility, report “U.S. Government” and do not report physical address or percent ownership.
(viii) The facility or supplier must refer to the reporting instructions of the electronic GHG reporting tool regarding standardized conventions for the naming of a parent company.
(12) For the 2010 reporting year only, facilities that have “part 75 units” (i.e. units that are subject to subpart D of this part or units that use the methods in part 75 of this chapter to quantify CO
(i) Annual emissions aggregated for all GHG from all applicable source categories, expressed in metric tons of CO
(ii) Annual emissions of biogenic CO
(iii) Annual emissions from each applicable source category, expressed in metric tons of each applicable GHG listed in paragraphs (c)(12)(iii)(A) through (c)(12)(iii)(E) of this section.
(A) Biogenic CO
(B) CO
(C) CH
(D) N
(E) Each fluorinated GHG (including those not listed in Table A-1 of this subpart).
(13) An indication of whether the facility includes one or more plant sites that have been assigned a “plant code” (as defined under § 98.6) by either the Department of Energy’s Energy Information Administration or by the EPA’s Clean Air Markets Division.
(d) Special provisions for reporting year 2010. (1) Best available monitoring methods. During January 1, 2010 through March 31, 2010, owners or operators may use best available monitoring methods for any parameter (e.g., fuel use, daily carbon content of feedstock by process line) that cannot reasonably be measured according to the monitoring and QA/QC requirements of a relevant subpart. The owner or operator must use the calculation methodologies and equations in the “Calculating GHG Emissions” sections of each relevant subpart, but may use the best available monitoring method for any parameter for which it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by January 1, 2010. Starting no later than April 1, 2010, the owner or operator must discontinue using best available methods and begin following all applicable monitoring and QA/QC requirements of this part, except as provided in paragraphs (d)(2) and (d)(3) of this section. Best available monitoring methods means any of the following methods specified in this paragraph:
(i) Monitoring methods currently used by the facility that do not meet the specifications of a relevant subpart.
(ii) Supplier data.
(iii) Engineering calculations.
(iv) Other company records.
(2) Requests for extension of the use of best available monitoring methods. The owner or operator may submit a request to the Administrator to use one or more best available monitoring methods beyond March 31, 2010.
(i) Timing of request. The extension request must be submitted to EPA no later than 30 days after the effective date of the GHG reporting rule.
(ii) Content of request. Requests must contain the following information:
(A) A list of specific item of monitoring instrumentation for which the request is being made and the locations where each piece of monitoring instrumentation will be installed.
(B) Identification of the specific rule requirements (by rule subpart, section, and paragraph numbers) for which the instrumentation is needed.
(C) A description of the reasons why the needed equipment could not be obtained and installed before April 1, 2010.
(D) If the reason for the extension is that the equipment cannot be purchased and delivered by April 1, 2010, include supporting documentation such as the date the monitoring equipment was ordered, investigation of alternative suppliers and the dates by which alternative vendors promised delivery, backorder notices or unexpected delays, descriptions of actions taken to expedite delivery, and the current expected date of delivery.
(E) If the reason for the extension is that the equipment cannot be installed without a process unit shutdown, include supporting documentation demonstrating that it is not practicable to isolate the equipment and install the monitoring instrument without a full process unit shutdown. Include the date of the most recent process unit shutdown, the frequency of shutdowns for this process unit, and the date of the next planned shutdown during which the monitoring equipment can be installed. If there has been a shutdown or if there is a planned process unit shutdown between promulgation of this part and April 1, 2010, include a justification of why the equipment could not be obtained and installed during that shutdown.
(F) A description of the specific actions the facility will take to obtain and install the equipment as soon as reasonably feasible and the expected date by which the equipment will be installed and operating.
(iii) Approval criteria. To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by April 1, 2010. The use of best available methods will not be approved beyond December 31, 2010.
(3) Abbreviated emissions report for facilities containing only general stationary fuel combustion sources. In lieu of the report required by paragraph (c) of this section, the owner or operator of an existing facility that is in operation on January 1, 2010 and that meets the conditions of § 98.2(a)(3) may submit an abbreviated GHG report for the facility for GHGs emitted in 2010. The abbreviated report must be submitted by September 30, 2011. An owner or operator that submits an abbreviated report must submit a full GHG report according to the requirements of paragraph (c) of this section beginning in calendar year 2012. The abbreviated facility report must include the following information:
(i) Facility name and physical street address including the city, state and zip code.
(ii) The year and months covered by the report.
(iii) Date of submittal.
(iv) Total facility GHG emissions aggregated for all stationary fuel combustion units calculated according to any method specified in § 98.33(a) and expressed in metric tons of CO
(v) For each stationary fuel combustion source that meets the criteria specified in § 98.36(f), report any facility operating data or process information used for the GHG emission calculations. A stationary fuel combustion source that does not meet the criteria specified in § 98.36(f) must either report the data specified in this paragraph (d)(3)(v) in the annual report or use verification software according to § 98.5(b) in lieu of reporting the data specified in this paragraph.
(vi) A signed and dated certification statement provided by the designated representative of the owner or operator, according to the requirements of paragraph (e)(1) of this section.
(e) Emission calculations. In preparing the GHG report, you must use the calculation methodologies specified in the relevant subparts, except as specified in paragraph (d) of this section. For each source category, you must use the same calculation methodology throughout a reporting period unless you provide a written explanation of why a change in methodology was required.
(f) Verification. To verify the completeness and accuracy of reported GHG emissions, the Administrator may review the certification statements described in paragraphs (c)(9) and (d)(3)(vi) of this section and any other credible evidence, in conjunction with a comprehensive review of the GHG reports and periodic audits of selected reporting facilities. Nothing in this section prohibits the Administrator from using additional information to verify the completeness and accuracy of the reports.
(g) Recordkeeping. An owner or operator that is required to report GHGs under this part must keep records as specified in this paragraph (g). Except as otherwise provided in this paragraph, retain all required records for at least 3 years from the date of submission of the annual GHG report for the reporting year in which the record was generated. The records shall be kept in an electronic or hard-copy format (as appropriate) and recorded in a form that is suitable for expeditious inspection and review. If the owner or operator of a facility is required under § 98.5(b) to use verification software specified by the Administrator, then all records required for the facility under this part must be retained for at least 5 years from the date of submission of the annual GHG report for the reporting year in which the record was generated, starting with records for reporting year 2010. Upon request by the Administrator, the records required under this section must be made available to EPA. Records may be retained off site if the records are readily available for expeditious inspection and review. For records that are electronically generated or maintained, the equipment or software necessary to read the records shall be made available, or, if requested by EPA, electronic records shall be converted to paper documents. You must retain the following records, in addition to those records prescribed in each applicable subpart of this part:
(1) A list of all units, operations, processes, and activities for which GHG emission were calculated.
(2) The data used to calculate the GHG emissions for each unit, operation, process, and activity, categorized by fuel or material type. These data include but are not limited to the following information in this paragraph (g)(2):
(i) The GHG emissions calculations and methods used. For data required by § 98.5(b) to be entered into verification software specified in § 98.5(b), maintain the entered data in the format generated by the verification software according to § 98.5(b).
(ii) Analytical results for the development of site-specific emissions factors.
(iii) The results of all required analyses for high heat value, carbon content, and other required fuel or feedstock parameters.
(iv) Any facility operating data or process information used for the GHG emission calculations.
(3) The annual GHG reports.
(4) Missing data computations. For each missing data event, also retain a record of the cause of the event and the corrective actions taken to restore malfunctioning monitoring equipment.
(5) A written GHG Monitoring Plan.
(i) At a minimum, the GHG Monitoring Plan shall include the elements listed in this paragraph (g)(5)(i).
(A) Identification of positions of responsibility (i.e., job titles) for collection of the emissions data.
(B) Explanation of the processes and methods used to collect the necessary data for the GHG calculations.
(C) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this part.
(ii) The GHG Monitoring Plan may rely on references to existing corporate documents (e.g., standard operating procedures, quality assurance programs under appendix F to 40 CFR part 60 or appendix B to 40 CFR part 75, and other documents) provided that the elements required by paragraph (g)(5)(i) of this section are easily recognizable.
(iii) The owner or operator shall revise the GHG Monitoring Plan as needed to reflect changes in production processes, monitoring instrumentation, and quality assurance procedures; or to improve procedures for the maintenance and repair of monitoring systems to reduce the frequency of monitoring equipment downtime.
(iv) Upon request by the Administrator, the owner or operator shall make all information that is collected in conformance with the GHG Monitoring Plan available for review during an audit. Electronic storage of the information in the plan is permissible, provided that the information can be made available in hard copy upon request during an audit.
(6) The results of all required certification and quality assurance tests of continuous monitoring systems, fuel flow meters, and other instrumentation used to provide data for the GHGs reported under this part.
(7) Maintenance records for all continuous monitoring systems, flow meters, and other instrumentation used to provide data for the GHGs reported under this part.
(h) Annual GHG report revisions. This paragraph applies to the reporting years for which the owner or operator is required to maintain records for a facility or supplier according to the time periods specified in paragraph (g) of this section.
(1) The owner or operator shall submit a revised annual GHG report within 45 days of discovering that an annual GHG report that the owner or operator previously submitted contains one or more substantive errors. The revised report must correct all substantive errors.
(2) The Administrator may notify the owner or operator in writing that an annual GHG report previously submitted by the owner or operator contains one or more substantive errors. Such notification will identify each such substantive error. The owner or operator shall, within 45 days of receipt of the notification, either resubmit the report that, for each identified substantive error, corrects the identified substantive error (in accordance with the applicable requirements of this part) or provide information demonstrating that the previously submitted report does not contain the identified substantive error or that the identified error is not a substantive error.
(3) A substantive error is an error that impacts the quantity of GHG emissions reported or otherwise prevents the reported data from being validated or verified.
(4) Notwithstanding paragraphs (h)(1) and (2) of this section, upon request by the owner or operator, the Administrator may provide reasonable extensions of the 45-day period for submission of the revised report or information under paragraphs (h)(1) and (2). If the Administrator receives a request for extension of the 45-day period, by email to an address prescribed by the Administrator prior to the expiration of the 45-day period, the extension request is deemed to be automatically granted for 30 days. The Administrator may grant an additional extension beyond the automatic 30-day extension if the owner or operator submits a request for an additional extension and the request is received by the Administrator prior to the expiration of the automatic 30-day extension, provided the request demonstrates that it is not practicable to submit a revised report or information under paragraphs (h)(1) and (2) within 75 days. The Administrator will approve the extension request if the request demonstrates to the Administrator’s satisfaction that it is not practicable to collect and process the data needed to resolve potential reporting errors identified pursuant to paragraph (h)(1) or (2) within 75 days.
(5) The owner or operator shall retain documentation for 3 years to support any revision made to an annual GHG report.
(i) Calibration accuracy requirements. The owner or operator of a facility or supplier that is subject to the requirements of this part must meet the applicable flow meter calibration and accuracy requirements of this paragraph (i). The accuracy specifications in this paragraph (i) do not apply where either the use of company records (as defined in § 98.6) or the use of “best available information” is specified in an applicable subpart of this part to quantify fuel usage and/or other parameters. Further, the provisions of this paragraph (i) do not apply to stationary fuel combustion units that use the methodologies in part 75 of this chapter to calculate CO
(1) Except as otherwise provided in paragraphs (i)(4) through (i)(6) of this section, flow meters that measure liquid and gaseous fuel feed rates, process stream flow rates, or feedstock flow rates and provide data for the GHG emissions calculations shall be calibrated prior to April 1, 2010 using the procedures specified in this paragraph (i) when such calibration is specified in a relevant subpart of this part. Each of these flow meters shall meet the applicable accuracy specification in paragraph (i)(2) or (i)(3) of this section. All other measurement devices (e.g., weighing devices) that are required by a relevant subpart of this part, and that are used to provide data for the GHG emissions calculations, shall also be calibrated prior to April 1, 2010; however, the accuracy specifications in paragraphs (i)(2) and (i)(3) of this section do not apply to these devices. Rather, each of these measurement devices shall be calibrated to meet the accuracy requirement specified for the device in the applicable subpart of this part, or, in the absence of such accuracy requirement, the device must be calibrated to an accuracy within the appropriate error range for the specific measurement technology, based on an applicable operating standard, including but not limited to manufacturer’s specifications and industry standards. The procedures and methods used to quality-assure the data from each measurement device shall be documented in the written monitoring plan, pursuant to paragraph (g)(5)(i)(C) of this section.
(i) All flow meters and other measurement devices that are subject to the provisions of this paragraph (i) must be calibrated according to one of the following: You may use the manufacturer’s recommended procedures; an appropriate industry consensus standard method; or a method specified in a relevant subpart of this part. The calibration method(s) used shall be documented in the monitoring plan required under paragraph (g) of this section.
(ii) For facilities and suppliers that become subject to this part after April 1, 2010, all flow meters and other measurement devices (if any) that are required by the relevant subpart(s) of this part to provide data for the GHG emissions calculations shall be installed no later than the date on which data collection is required to begin using the measurement device, and the initial calibration(s) required by this paragraph (i) (if any) shall be performed no later than that date.
(iii) Except as otherwise provided in paragraphs (i)(4) through (i)(6) of this section, subsequent recalibrations of the flow meters and other measurement devices subject to the requirements of this paragraph (i) shall be performed at one of the following frequencies:
(A) You may use the frequency specified in each applicable subpart of this part.
(B) You may use the frequency recommended by the manufacturer or by an industry consensus standard practice, if no recalibration frequency is specified in an applicable subpart.
(2) Perform all flow meter calibration at measurement points that are representative of the normal operating range of the meter. Except for the orifice, nozzle, and venturi flow meters described in paragraph (i)(3) of this section, calculate the calibration error at each measurement point using Equation A-2 of this section. The terms “R” and “A” in Equation A-2 must be expressed in consistent units of measure (e.g., gallons/minute, ft
(3) For orifice, nozzle, and venturi flow meters, the initial quality assurance consists of in-situ calibration of the differential pressure (delta-P), total pressure, and temperature transmitters.
(i) Calibrate each transmitter at a zero point and at least one upscale point. Fixed reference points, such as the freezing point of water, may be used for temperature transmitter calibrations. Calculate the calibration error of each transmitter at each measurement point, using Equation A-3 of this subpart. The terms “R,” “A,” and “FS” in Equation A-3 of this subpart must be in consistent units of measure (e.g., milliamperes, inches of water, psi, degrees). For each transmitter, the CE value at each measurement point shall not exceed 2.0 percent of full-scale. Alternatively, the results are acceptable if the sum of the calculated CE values for the three transmitters at each calibration level (i.e., at the zero level and at each upscale level) does not exceed 6.0 percent.
(ii) In cases where there are only two transmitters (i.e., differential pressure and either temperature or total pressure) in the immediate vicinity of the flow meter’s primary element (e.g., the orifice plate), or when there is only a differential pressure transmitter in close proximity to the primary element, calibration of these existing transmitters to a CE of 2.0 percent or less at each measurement point is still required, in accordance with paragraph (i)(3)(i) of this section; alternatively, when two transmitters are calibrated, the results are acceptable if the sum of the CE values for the two transmitters at each calibration level does not exceed 4.0 percent. However, note that installation and calibration of an additional transmitter (or transmitters) at the flow monitor location to measure temperature or total pressure or both is not required in these cases. Instead, you may use assumed values for temperature and/or total pressure, based on measurements of these parameters at a remote location (or locations), provided that the following conditions are met:
(A) You must demonstrate that measurements at the remote location(s) can, when appropriate correction factors are applied, reliably and accurately represent the actual temperature or total pressure at the flow meter under all expected ambient conditions.
(B) You must make all temperature and/or total pressure measurements in the demonstration described in paragraph (i)(3)(ii)(A) of this section with calibrated gauges, sensors, transmitters, or other appropriate measurement devices. At a minimum, calibrate each of these devices to an accuracy within the appropriate error range for the specific measurement technology, according to one of the following. You may calibrate using a manufacturer’s specification or an industry consensus standard.
(C) You must document the methods used for the demonstration described in paragraph (i)(3)(ii)(A) of this section in the written GHG Monitoring Plan under paragraph (g)(5)(i)(C) of this section. You must also include the data from the demonstration, the mathematical correlation(s) between the remote readings and actual flow meter conditions derived from the data, and any supporting engineering calculations in the GHG Monitoring Plan. You must maintain all of this information in a format suitable for auditing and inspection.
(D) You must use the mathematical correlation(s) derived from the demonstration described in paragraph (i)(3)(ii)(A) of this section to convert the remote temperature or the total pressure readings, or both, to the actual temperature or total pressure at the flow meter, or both, on a daily basis. You shall then use the actual temperature and total pressure values to correct the measured flow rates to standard conditions.
(E) You shall periodically check the correlation(s) between the remote and actual readings (at least once a year), and make any necessary adjustments to the mathematical relationship(s).
(4) Fuel billing meters are exempted from the calibration requirements of this section and from the GHG Monitoring Plan and recordkeeping provisions of paragraphs (g)(5)(i)(C), (g)(6), and (g)(7) of this section, provided that the fuel supplier and any unit combusting the fuel do not have any common owners and are not owned by subsidiaries or affiliates of the same company. Meters used exclusively to measure the flow rates of fuels that are used for unit startup are also exempted from the calibration requirements of this section.
(5) For a flow meter that has been previously calibrated in accordance with paragraph (i)(1) of this section, an additional calibration is not required by the date specified in paragraph (i)(1) of this section if, as of that date, the previous calibration is still active (i.e., the device is not yet due for recalibration because the time interval between successive calibrations has not elapsed). In this case, the deadline for the successive calibrations of the flow meter shall be set according to one of the following. You may use either the manufacturer’s recommended calibration schedule or you may use the industry consensus calibration schedule.
(6) For units and processes that operate continuously with infrequent outages, it may not be possible to meet the April 1, 2010 deadline for the initial calibration of a flow meter or other measurement device without disrupting normal process operation. In such cases, the owner or operator may postpone the initial calibration until the next scheduled maintenance outage. The best available information from company records may be used in the interim. The subsequent required recalibrations of the flow meters may be similarly postponed. Such postponements shall be documented in the monitoring plan that is required under paragraph (g)(5) of this section.
(7) If the results of an initial calibration or a recalibration fail to meet the required accuracy specification, data from the flow meter shall be considered invalid, beginning with the hour of the failed calibration and continuing until a successful calibration is completed. You shall follow the missing data provisions provided in the relevant missing data sections during the period of data invalidation.
(j) Measurement device installation – (1) General. If an owner or operator required to report under subpart P, subpart X or subpart Y of this part has process equipment or units that operate continuously and it is not possible to install a required flow meter or other measurement device by April 1, 2010, (or by any later date in 2010 approved by the Administrator as part of an extension of best available monitoring methods per paragraph (d) of this section) without process equipment or unit shutdown, or through a hot tap, the owner or operator may request an extension from the Administrator to delay installing the measurement device until the next scheduled process equipment or unit shutdown. If approval for such an extension is granted by the Administrator, the owner or operator must use best available monitoring methods during the extension period.
(2) Requests for extension of the use of best available monitoring methods for measurement device installation. The owner or operator must first provide the Administrator an initial notification of the intent to submit an extension request for use of best available monitoring methods beyond December 31, 2010 (or an earlier date approved by EPA) in cases where measurement device installation would require a process equipment or unit shutdown, or could only be done through a hot tap. The owner or operator must follow-up this initial notification with the complete extension request containing the information specified in paragraph (j)(4) of this section.
(3) Timing of request. (i) The initial notice of intent must be submitted no later than January 1, 2011, or by the end of the approved use of best available monitoring methods extension in 2010, whichever is earlier. The completed extension request must be submitted to the Administrator no later than February 15, 2011.
(ii) Any subsequent extensions to the original request must be submitted to the Administrator within 4 weeks of the owner or operator identifying the need to extend the request, but in any event no later than 4 weeks before the date for the planned process equipment or unit shutdown that was provided in the original or most recently approved request.
(4) Content of the request. Requests must contain the following information:
(i) Specific measurement device for which the request is being made and the location where each measurement device will be installed.
(ii) Identification of the specific rule requirements (by rule subpart, section, and paragraph numbers) requiring the measurement device.
(iii) A description of the reasons why the needed equipment could not be installed before April 1, 2010, or by the expiration date for the use of best available monitoring methods, in cases where an extension has been granted under § 98.3(d).
(iv) Supporting documentation showing that it is not practicable to isolate the process equipment or unit and install the measurement device without a full shutdown or a hot tap, and that there was no opportunity during 2010 to install the device. Include the date of the three most recent shutdowns for each relevant process equipment or unit, the frequency of shutdowns for each relevant process equipment or unit, and the date of the next planned process equipment or unit shutdown.
(v) Include a description of the proposed best available monitoring method for estimating GHG emissions during the time prior to installation of the meter.
(5) Approval criteria. The owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to install the measurement device before April 1, 2010 (or by the expiration date for the use of best available monitoring methods, in cases where an extension has been granted under paragraph (d) of this section) without a process equipment or unit shutdown, or through a hot tap, and that the proposed method for estimating GHG emissions during the time before which the measurement device will be installed is appropriate. The Administrator will not initially approve the use of the proposed best available monitoring method past December 31, 2013.
(6) Measurement device installation deadline. Any owner or operator that submits both a timely initial notice of intent and a timely completed extension request under paragraph (j)(3) of this section to extend use of best available monitoring methods for measurement device installation must install all such devices by July 1, 2011 unless the extension request under this paragraph (j) is approved by the Administrator before July 1, 2011.
(7) One time extension past December 31, 2013. If an owner or operator determines that a scheduled process equipment or unit shutdown will not occur by December 31, 2013, the owner or operator may re-apply to use best available monitoring methods for one additional time period, not to extend beyond December 31, 2015. To extend use of best available monitoring methods past December 31, 2013, the owner or operator must submit a new extension request by June 1, 2013 that contains the information required in paragraph (j)(4) of this section. The owner or operator must demonstrate to the Administrator’s satisfaction that it continues to not be reasonably feasible to install the measurement device before December 31, 2013 without a process equipment or unit shutdown, or that installation of the measurement device could only be done through a hot tap, and that the proposed method for estimating GHG emissions during the time before which the measurement device will be installed is appropriate. An owner or operator that submits a request under this paragraph to extend use of best available monitoring methods for measurement device installation must install all such devices by December 31, 2013, unless the extension request under this paragraph is approved by the Administrator.
(k) Revised global warming potentials and special provisions for reporting year 2013 and subsequent reporting years. This paragraph (k) applies to owners or operators of facilities or suppliers that first become subject to any subpart of part 98 solely due to an amendment to Table A-1 of this subpart.
(1) A facility or supplier that first becomes subject to part 98 due to a change in the GWP for one or more compounds in Table A-1 of this subpart, Global Warming Potentials, is not required to submit an annual GHG report for the reporting year during which the change in GWPs is published.
(2) A facility or supplier that was already subject to one or more subparts of part 98 but becomes subject to one or more additional subparts due to a change in the GWP for one or more compounds in Table A-1 of this subpart, is not required to include those subparts to which the facility is subject only due to the change in the GWP in the annual GHG report submitted for the reporting year during which the change in GWPs is published.
(3) Starting on January 1 of the year after the year during which the change in GWPs is published, facilities or suppliers identified in paragraphs (k)(1) or (2) of this section must start monitoring and collecting GHG data in compliance with the applicable subparts of part 98 to which the facility is subject due to the change in the GWP for the annual greenhouse gas report for that reporting year, which is due by March 31 of the following calendar year.
(4) A change in the GWP for one or more compounds includes the addition to Table A-1 of this subpart of either a chemical-specific or a default GWP that applies to a compound to which no chemical-specific GWP in Table A-1 of this subpart previously applied.
(l) Special provision for best available monitoring methods in 2014 and subsequent years. This paragraph (l) applies to owners or operators of facilities or suppliers that first become subject to any subpart of part 98 due to an amendment to Table A-1 of this subpart, Global Warming Potentials.
(1) Best available monitoring methods. From January 1 to March 31 of the year after the year during which the change in GWPs is published, owners or operators subject to this paragraph (l) may use best available monitoring methods for any parameter (e.g., fuel use, feedstock rates) that cannot reasonably be measured according to the monitoring and QA/QC requirements of a relevant subpart. The owner or operator must use the calculation methodologies and equations in the “Calculating GHG Emissions” sections of each relevant subpart, but may use the best available monitoring method for any parameter for which it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by January 1 of the year after the year during which the change in GWPs is published. Starting no later than April 1 of the year after the year during which the change in GWPs is published, the owner or operator must discontinue using best available methods and begin following all applicable monitoring and QA/QC requirements of this part, except as provided in paragraph (l)(2) of this section. Best available monitoring methods means any of the following methods:
(i) Monitoring methods currently used by the facility that do not meet the specifications of a relevant subpart.
(ii) Supplier data.
(iii) Engineering calculations.
(iv) Other company records.
(2) Requests for extension of the use of best available monitoring methods. The owner or operator may submit a request to the Administrator to use one or more best available monitoring methods beyond March 31 of the year after the year during which the change in GWPs is published.
(i) Timing of request. The extension request must be submitted to EPA no later than January 31 of the year after the year during which the change in GWPs is published.
(ii) Content of request. Requests must contain the following information:
(A) A list of specific items of monitoring instrumentation for which the request is being made and the locations where each piece of monitoring instrumentation will be installed.
(B) Identification of the specific rule requirements (by rule subpart, section, and paragraph numbers) for which the instrumentation is needed.
(C) A description of the reasons that the needed equipment could not be obtained and installed before April 1 of the year after the year during which the change in GWPs is published.
(D) If the reason for the extension is that the equipment cannot be purchased and delivered by April 1 of the year after the year during which the change in GWPs is published, include supporting documentation such as the date the monitoring equipment was ordered, investigation of alternative suppliers and the dates by which alternative vendors promised delivery, backorder notices or unexpected delays, descriptions of actions taken to expedite delivery, and the current expected date of delivery.
(E) If the reason for the extension is that the equipment cannot be installed without a process unit shutdown, include supporting documentation demonstrating that it is not practicable to isolate the equipment and install the monitoring instrument without a full process unit shutdown. Include the date of the most recent process unit shutdown, the frequency of shutdowns for this process unit, and the date of the next planned shutdown during which the monitoring equipment can be installed. If there has been a shutdown or if there is a planned process unit shutdown between November 29 of the year during which the change in GWPs is published and April 1 of the year after the year during which the change in GWPs is published, include a justification of why the equipment could not be obtained and installed during that shutdown.
(F) A description of the specific actions the facility will take to obtain and install the equipment as soon as reasonably feasible and the expected date by which the equipment will be installed and operating.
(iii) Approval criteria. To obtain approval, the owner or operator must demonstrate to the Administrator’s satisfaction that it is not reasonably feasible to acquire, install, and operate a required piece of monitoring equipment by April 1 of the year after the year during which the change in GWPs is published. The use of best available methods under this paragraph (l) will not be approved beyond December 31 of the year after the year during which the change in GWPs is published.
§ 98.4 Authorization and responsibilities of the designated representative.
(a) General. Except as provided under paragraph (f) of this section, each facility, and each supplier, that is subject to this part, shall have one and only one designated representative, who shall be responsible for certifying, signing, and submitting GHG emissions reports and any other submissions for such facility and supplier respectively to the Administrator under this part. If the facility is required under any other part of title 40 of the Code of Federal Regulations to submit to the Administrator any other emission report that is subject to any requirement in 40 CFR part 75, the same individual shall be the designated representative responsible for certifying, signing, and submitting the GHG emissions reports and all such other emissions reports under this part.
(b) Authorization of a designated representative. The designated representative of the facility or supplier shall be an individual selected by an agreement binding on the owners and operators of such facility or supplier and shall act in accordance with the certification statement in paragraph (i)(4)(iv) of this section.
(c) Responsibility of the designated representative. Upon receipt by the Administrator of a complete certificate of representation under this section for a facility or supplier, the designated representative identified in such certificate of representation shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of such facility or supplier in all matters pertaining to this part, notwithstanding any agreement between the designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the designated representative by the Administrator or a court.
(d) Timing. No GHG emissions report or other submissions under this part for a facility or supplier will be accepted until the Administrator has received a complete certificate of representation under this section for a designated representative of the facility or supplier. Such certificate of representation shall be submitted at least 60 days before the deadline for submission of the facility’s or supplier’s initial emission report under this part.
(e) Certification of the GHG emissions report. Each GHG emission report and any other submission under this part for a facility or supplier shall be certified, signed, and submitted by the designated representative or any alternate designated representative of the facility or supplier in accordance with this section and § 3.10 of this chapter.
(1) Each such submission shall include the following certification statement signed by the designated representative or any alternate designated representative: “I am authorized to make this submission on behalf of the owners and operators of the facility or supplier, as applicable, 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 Administrator will accept a GHG emission report or other submission for a facility or supplier under this part only if the submission is certified, signed, and submitted in accordance with this section.
(f) Alternate designated representative. A certificate of representation under this section for a facility or supplier may designate one alternate designated representative, who shall be an individual selected by an agreement binding on the owners and operators, and may act on behalf of the designated representative, of such facility or supplier. The agreement by which the alternate designated representative is selected shall include a procedure for authorizing the alternate designated representative to act in lieu of the designated representative.
(1) Upon receipt by the Administrator of a complete certificate of representation under this section for a facility or supplier identifying an alternate designated representative.
(i) The alternate designated representative may act on behalf of the designated representative for such facility or supplier.
(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative.
(2) Except in this section, whenever the term “designated representative” is used in this part, the term shall be construed to include the designated representative or any alternate designated representative.
(g) Changing a designated representative or alternate designated representative. The designated representative or alternate designated representative identified in a complete certificate of representation under this section for a facility or supplier received by the Administrator may be changed at any time upon receipt by the Administrator of another later signed, complete certificate of representation under this section for the facility or supplier. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative or the previous alternate designated representative of the facility or supplier before the time and date when the Administrator receives such later signed certificate of representation shall be binding on the new designated representative and the owners and operators of the facility or supplier.
(h) Changes in owners and operators. In the event an owner or operator of the facility or supplier is not included in the list of owners and operators in the certificate of representation under this section for the facility or supplier, such 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 designated representative and any alternate designated representative of the facility or supplier, as if the owner or operator were included in such list. Within 90 days after any change in the owners and operators of the facility or supplier (including the addition of a new owner or operator), the designated representative or any alternate designated representative shall submit a certificate of representation that is complete under this section except that such list shall be amended to reflect the change. If the designated representative or alternate designated representative determines at any time that an owner or operator of the facility or supplier is not included in such list and such exclusion is not the result of a change in the owners and operators, the designated representative or any alternate designated representative shall submit, within 90 days of making such determination, a certificate of representation that is complete under this section except that such list shall be amended to include such owner or operator.
(i) Certificate of representation. A certificate of representation shall be complete if it includes the following elements in a format prescribed by the Administrator in accordance with this section:
(1) Identification of the facility or supplier for which the certificate of representation is submitted.
(2) The name, organization name (company affiliation-employer), address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the designated representative and any alternate designated representative.
(3) A list of the owners and operators of the facility or supplier identified in paragraph (i)(1) of this section, provided that, if the list includes the operators of the facility or supplier and the owners with control of the facility or supplier, the failure to include any other owners shall not make the certificate of representation incomplete.
(4) The following certification statements by the designated representative and any alternate designated representative:
(i) “I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the facility or supplier, as applicable.”
(ii) “I certify that I have all the necessary authority to carry out my duties and responsibilities under 40 CFR part 98 on behalf of the owners and operators of the facility or supplier, as applicable, 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 facility or supplier, as applicable, shall be bound by any order issued to me by the Administrator or a court regarding the facility or supplier.”
(iv) “If there are multiple owners and operators of the facility or supplier, as applicable, I certify that I have given a written notice of my selection as the ‘designated representative’ or ‘alternate designated representative’, as applicable, and of the agreement by which I was selected to each owner and operator of the facility or supplier.”
(5) The signature of the designated representative and any alternate designated representative and the dates signed.
(6) A list of the subparts that the owners and operators anticipate will be included in the annual GHG report. The list of potentially applicable subparts is required only for an initial certificate of representation that is submitted after January 1, 2018 (i.e., for a facility or supplier that previously was not registered under this part). The list of potentially applicable subparts does not need to be revised with revisions to the COR or if the actual applicable subparts change.
(j) Documents of agreement. Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.
(k) Binding nature of the certificate of representation. Once a complete certificate of representation under this section for a facility or supplier has been received, the Administrator will rely on the certificate of representation unless and until a later signed, complete certificate of representation under this section for the facility or supplier is received by the Administrator.
(l) Objections concerning a designated representative. (1) Except as provided in paragraph (g) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative, or the finality of any decision or order by the Administrator under this part.
(2) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative.
(m) Delegation by designated representative and alternate designated representative. (1) A designated representative or an alternate designated representative may delegate his or her own authority, to one or more individuals, to submit an electronic submission to the Administrator provided for or required under this part, except for a submission under this paragraph.
(2) In order to delegate his or her own authority, to one or more individuals, to submit an electronic submission to the Administrator in accordance with paragraph (m)(1) of this section, the designated representative or alternate designated representative must submit electronically to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:
(i) The name, organization name (company affiliation-employer) address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative.
(ii) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such individual (referred to as an “agent”).
(iii) For each such individual, a list of the type or types of electronic submissions under paragraph (m)(1) of this section for which authority is delegated to him or her.
(iv) For each type of electronic submission listed in accordance with paragraph (m)(2)(iii) of this section, the facility or supplier for which the electronic submission may be made.
(v) The following certification statements by such designated representative or alternate designated representative:
(A) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed, and for a facility or supplier designated, for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as applicable, and before this notice of delegation is superseded by another notice of delegation under § 98.4(m)(3) shall be deemed to be an electronic submission certified, signed, and submitted by me.”
(B) “Until this notice of delegation is superseded by a later signed notice of delegation under § 98.4(m)(3), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under § 98.4(m) is terminated.”
(vi) The signature of such designated representative or alternate designated representative and the date signed.
(3) A notice of delegation submitted in accordance with paragraph (m)(2) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of another such notice that was signed later by such designated representative or alternate designated representative, as applicable. The later signed notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(4) Any electronic submission covered by the certification in paragraph (m)(2)(v)(A) of this section and made in accordance with a notice of delegation effective under paragraph (m)(3) of this section shall be deemed to be an electronic submission certified, signed, and submitted by the designated representative or alternate designated representative submitting such notice of delegation.
§ 98.5 How is the report submitted?
(a) Each GHG report and certificate of representation for a facility or supplier must be submitted electronically in accordance with the requirements of § 98.4 and in a format specified by the Administrator.
(b) For reporting year 2014 and thereafter, unless a later year is specified in the applicable recordkeeping section, you must enter into verification software specified by the Administrator the data specified in the verification software records provision in each applicable recordkeeping section. For each data element entered into the verification software, if the software produces a warning message for the data value and you elect not to revise the data value, you may provide an explanation in the verification software of why the data value is not being revised.
§ 98.6 Definitions.
All terms used in this part shall have the same meaning given in the Clean Air Act and in this section.
Absorbent circulation pump means a pump commonly powered by natural gas pressure that circulates the absorbent liquid between the absorbent regenerator and natural gas contactor.
Accuracy of a measurement at a specified level (e.g., one percent of full scale or one percent of the value measured) means that the mean of repeat measurements made by a device or technique are within 95 percent of the range bounded by the true value plus or minus the specified level.
Acid Rain Program means the program established under title IV of the Clean Air Act, and implemented under parts 72 through 78 of this chapter for the reduction of sulfur dioxide and nitrogen oxides emissions.
Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator’s authorized representative.
AGA means the American Gas Association
Agricultural by-products means those parts of arable crops that are not used for the primary purpose of producing food. Agricultural by-products include, but are not limited to, oat, corn and wheat straws, bagasse, peanut shells, rice and coconut husks, soybean hulls, palm kernel cake, cottonseed and sunflower seed cake, and pomace.
Air injected flare means a flare in which air is blown into the base of a flare stack to induce complete combustion of gas.
Alkali bypass means a duct between the feed end of the kiln and the preheater tower through which a portion of the kiln exit gas stream is withdrawn and quickly cooled by air or water to avoid excessive buildup of alkali, chloride and/or sulfur on the raw feed. This may also be referred to as the “kiln exhaust gas bypass.”
Anaerobic digester means the system where wastes are collected and anaerobically digested in large containment vessels or covered lagoons. Anaerobic digesters stabilize waste by the microbial reduction of complex organic compounds to CO2 and CH4, which is captured and may be flared or used as fuel. Anaerobic digestion systems, include but are not limited to covered lagoon, complete mix, plug flow, and fixed film digesters.
Anaerobic lagoon, with respect to subpart JJ of this part, means a type of liquid storage system component that is designed and operated to stabilize wastes using anaerobic microbial processes. Anaerobic lagoons may be designed for combined stabilization and storage with varying lengths of retention time (up to a year or greater), depending on the climate region, volatile solids loading rate, and other operational factors.
Anode effect is a process upset condition of an aluminum electrolysis cell caused by too little alumina dissolved in the electrolyte. The anode effect begins when the voltage rises rapidly and exceeds a threshold voltage, typically 8 volts.
Anode Effect Minutes per Cell Day (24 hours) are the total minutes during which an electrolysis cell voltage is above the threshold voltage, typically 8 volts.
ANSI means the American National Standards Institute.
API means the American Petroleum Institute.
ASABE means the American Society of Agricultural and Biological Engineers.
ASME means the American Society of Mechanical Engineers.
ASTM means the American Society of Testing and Materials.
Asphalt means a dark brown-to-black cement-like material obtained by petroleum processing and containing bitumens as the predominant component. It includes crude asphalt as well as the following finished products: cements, fluxes, the asphalt content of emulsions (exclusive of water), and petroleum distillates blended with asphalt to make cutback asphalts.
Aviation Gasoline means a complex mixture of volatile hydrocarbons, with or without additives, suitably blended to be used in aviation reciprocating engines. Specifications can be found in ASTM Specification D910-07a, Standard Specification for Aviation Gasolines (incorporated by reference, see § 98.7).
B
Basic oxygen furnace means any refractory-lined vessel in which high-purity oxygen is blown under pressure through a bath of molten iron, scrap metal, and fluxes to produce steel.
bbl means barrel.
Biodiesel means a mono-akyl ester derived from biomass and conforming to ASTM D6751-08, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
Biogenic CO
Biomass means non-fossilized and biodegradable organic material originating from plants, animals or micro-organisms, including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material.
Blast furnace means a furnace that is located at an integrated iron and steel plant and is used for the production of molten iron from iron ore pellets and other iron bearing materials.
Blendstocks are petroleum products used for blending or compounding into finished motor gasoline. These include RBOB (reformulated blendstock for oxygenate blending) and CBOB (conventional blendstock for oxygenate blending), but exclude oxygenates, butane, and pentanes plus.
Blendstocks – Others are products used for blending or compounding into finished motor gasoline that are not defined elsewhere. Excludes Gasoline Treated as Blendstock (GTAB), Diesel Treated as Blendstock (DTAB), conventional blendstock for oxygenate blending (CBOB), reformulated blendstock for oxygenate blending (RBOB), oxygenates (e.g. fuel ethanol and methyl tertiary butyl ether), butane, and pentanes plus.
Blowdown mean the act of emptying or depressuring a vessel. This may also refer to the discarded material such as blowdown water from a boiler or cooling tower.
Blowdown vent stack emissions mean natural gas and/or CO
British Thermal Unit or Btu means the quantity of heat required to raise the temperature of one pound of water by one degree Fahrenheit at about 39.2 degrees Fahrenheit.
Bulk, with respect to industrial GHG suppliers and CO2 suppliers, means the transfer of a product inside containers, including but not limited to tanks, cylinders, drums, and pressure vessels.
Bulk natural gas liquid or NGL refers to mixtures of hydrocarbons that have been separated from natural gas as liquids through the process of absorption, condensation, adsorption, or other methods. Generally, such liquids consist of ethane, propane, butanes, and pentanes plus. Bulk NGL is sold to fractionators or to refineries and petrochemical plants where the fractionation takes place.
Butane, or n-Butane, is a paraffinic straight-chain hydrocarbon with molecular formula C
Butylene, or n-Butylene, is an olefinic straight-chain hydrocarbon with molecular formula C
By-product coke oven battery means a group of ovens connected by common walls, where coal undergoes destructive distillation under positive pressure to produce coke and coke oven gas from which by-products are recovered.
Calcination means the process of thermally treating minerals to decompose carbonates from ore.
Calculation methodology means a methodology prescribed under the section “Calculating GHG Emissions” in any subpart of part 98.
Calibrated bag means a flexible, non-elastic, anti-static bag of a calibrated volume that can be affixed to an emitting source such that the emissions inflate the bag to its calibrated volume.
Carbon dioxide equivalent or CO
Carbon dioxide production well means any hole drilled in the earth for the primary purpose of extracting carbon dioxide from a geologic formation or group of formations which contain deposits of carbon dioxide.
Carbon dioxide production well facility means one or more carbon dioxide production wells that are located on one or more contiguous or adjacent properties, which are under the control of the same entity. Carbon dioxide production wells located on different oil and gas leases, mineral fee tracts, lease tracts, subsurface or surface unit areas, surface fee tracts, surface lease tracts, or separate surface sites, whether or not connected by a road, waterway, power line, or pipeline, shall be considered part of the same CO
Carbon dioxide stream means carbon dioxide that has been captured from an emission source (e.g. a power plant or other industrial facility) or extracted from a carbon dioxide production well plus incidental associated substances either derived from the source materials and the capture process or extracted with the carbon dioxide.
Carbon share means the percent of total mass that carbon represents in any product.
Carbonate means compounds containing the radical CO
Carbonate-based mineral means any of the following minerals used in the manufacture of glass: Calcium carbonate (CaCO
Carbonate-based mineral mass fraction means the following: For limestone, the mass fraction of calcium carbonate (CaCO
Carbonate-based raw material means any of the following materials used in the manufacture of glass: Limestone, dolomite, soda ash, barium carbonate, potassium carbonate, lithium carbonate, and strontium carbonate.
Carbonofluoridates means fluorinated GHGs that are composed of a -OCF(O) group (carbonyl group with a single-bonded oxygen atom and a fluorine atom) that is linked on the single-bonded oxygen to another hydrocarbon group in which one or more of the hydrogen atoms may be replaced by fluorine atoms.
Catalytic cracking unit means a refinery process unit in which petroleum derivatives are continuously charged and hydrocarbon molecules in the presence of a catalyst are fractured into smaller molecules, or react with a contact material suspended in a fluidized bed to improve feedstock quality for additional processing and the catalyst or contact material is continuously regenerated by burning off coke and other deposits. Catalytic cracking units include both fluidized bed systems, which are referred to as fluid catalytic cracking units (FCCU), and moving bed systems, which are also referred to as thermal catalytic cracking units. The unit includes the riser, reactor, regenerator, air blowers, spent catalyst or contact material stripper, catalyst or contact material recovery equipment, and regenerator equipment for controlling air pollutant emissions and for heat recovery.
CBOB-Summer (conventional blendstock for oxygenate blending) means a petroleum product which, when blended with a specified type and percentage of oxygenate, meets the definition of Conventional-Summer.
CBOB-Winter (conventional blendstock for oxygenate blending) means a petroleum product which, when blended with a specified type and percentage of oxygenate, meets the definition of Conventional-Winter.
Cement kiln dust means non-calcined to fully calcined dust produced in the kiln or pyroprocessing line. Cement kiln dust is a fine-grained, solid, highly alkaline material removed from the cement kiln exhaust gas by scrubbers (filtration baghouses and/or electrostatic precipitators).
Centrifugal compressor means any equipment that increases the pressure of a process natural gas or CO
Centrifugal compressor dry seal emissions mean natural gas or CO
Centrifugal compressor dry seals mean a series of rings around the compressor shaft where it exits the compressor case that operates mechanically under the opposing forces to prevent natural gas or CO
Centrifugal compressor wet seal degassing vent emissions means emissions that occur when the high-pressure oil barriers for centrifugal compressors are depressurized to release absorbed natural gas or CO
Certified standards means calibration gases certified by the manufacturer of the calibration gases to be accurate to within 2 percent of the value on the label or calibration gases.
CH
Chemical recovery combustion unit means a combustion device, such as a recovery furnace or fluidized-bed reactor where spent pulping liquor from sulfite or semi-chemical pulping processes is burned to recover pulping chemicals.
Chemical recovery furnace means an enclosed combustion device where concentrated spent liquor produced by the kraft or soda pulping process is burned to recover pulping chemicals and produce steam. Includes any recovery furnace that burns spent pulping liquor produced from both the kraft and soda pulping processes.
Chloride process means a production process where titanium dioxide is produced using calcined petroleum coke and chlorine as raw materials.
City gate means a location at which natural gas ownership or control passes from one party to another, neither of which is the ultimate consumer. In this rule, in keeping with common practice, the term refers to a point or measuring station at which a local gas distribution utility receives gas from a natural gas pipeline company or transmission system. Meters at the city gate station measure the flow of natural gas into the local distribution company system and typically are used to measure local distribution company system sendout to customers.
CO
Coal means all solid fuels classified as anthracite, bituminous, sub-bituminous, or lignite by the American Society for Testing and Materials Designation ASTM D388-05 Standard Classification of Coals by Rank (incorporated by reference, see § 98.7).
COD means the chemical oxygen demand as determined using methods specified pursuant to 40 CFR part 136.
Cogeneration unit means a unit that produces electrical energy and useful thermal energy for industrial, commercial, or heating or cooling purposes, through the sequential or simultaneous use of the original fuel energy.
Coke burn-off means the coke removed from the surface of a catalyst by combustion during catalyst regeneration. Coke burn-off also means the coke combusted in fluid coking unit burner.
Cokemaking means the production of coke from coal in either a by-product coke oven battery or a non-recovery coke oven battery.
Commercial applications means executing a commercial transaction subject to a contract. A commercial application includes transferring custody of a product from one facility to another if it otherwise meets the definition.
Company records means, in reference to the amount of fuel consumed by a stationary combustion unit (or by a group of such units), a complete record of the methods used, the measurements made, and the calculations performed to quantify fuel usage. Company records may include, but are not limited to, direct measurements of fuel consumption by gravimetric or volumetric means, tank drop measurements, and calculated values of fuel usage obtained by measuring auxiliary parameters such as steam generation or unit operating hours. Fuel billing records obtained from the fuel supplier qualify as company records.
Connector means to flanged, screwed, or other joined fittings used to connect pipe line segments, tubing, pipe components (such as elbows, reducers, “T’s” or valves) or a pipe line and a piece of equipment or an instrument to a pipe, tube or piece of equipment. A common connector is a flange. Joined fittings welded completely around the circumference of the interface are not considered connectors for the purpose of this part.
Container glass means glass made of soda-lime recipe, clear or colored, which is pressed and/or blown into bottles, jars, ampoules, and other products listed in North American Industry Classification System 327213 (NAICS 327213).
Continuous bleed means a continuous flow of pneumatic supply natural gas to the process control device (e.g. level control, temperature control, pressure control) where the supply gas pressure is modulated by the process condition, and then flows to the valve controller where the signal is compared with the process set-point to adjust gas pressure in the valve actuator.
Continuous emission monitoring system or CEMS means the total equipment required to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes, a permanent record of gas concentrations, pollutant emission rates, or gas volumetric flow rates from stationary sources.
Continuous glass melting furnace means a glass melting furnace that operates continuously except during periods of maintenance, malfunction, control device installation, reconstruction, or rebuilding.
Conventional-Summer refers to finished gasoline formulated for use in motor vehicles, the composition and properties of which do not meet the requirements of the reformulated gasoline regulations promulgated by the U.S. Environmental Protection Agency under 40 CFR 80.40, but which meet summer RVP standards required under 40 CFR 80.27 or as specified by the state.
Conventional-Winter refers to finished gasoline formulated for use in motor vehicles, the composition and properties of which do not meet the requirements of the reformulated gasoline regulations promulgated by the U.S. Environmental Protection Agency under 40 CFR 80.40 or the summer RVP standards required under 40 CFR 80.27 or as specified by the state.
Crude oil means a mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities. (1) Depending upon the characteristics of the crude stream, it may also include any of the following:
(i) Small amounts of hydrocarbons that exist in gaseous phase in natural underground reservoirs but are liquid at atmospheric conditions (temperature and pressure) after being recovered from oil well (casing-head) gas in lease separators and are subsequently commingled with the crude stream without being separately measured. Lease condensate recovered as a liquid from natural gas wells in lease or field separation facilities and later mixed into the crude stream is also included.
(ii) Small amounts of non-hydrocarbons, such as sulfur and various metals.
(iii) Drip gases, and liquid hydrocarbons produced from tar sands, oil sands, gilsonite, and oil shale.
(iv) Petroleum products that are received or produced at a refinery and subsequently injected into a crude supply or reservoir by the same refinery owner or operator.
(2) Liquids produced at natural gas processing plants are excluded. Crude oil is refined to produce a wide array of petroleum products, including heating oils; gasoline, diesel and jet fuels; lubricants; asphalt; ethane, propane, and butane; and many other products used for their energy or chemical content.
Daily spread means a manure management system component in which manure is routinely removed from a confinement facility and is applied to cropland or pasture within 24 hours of excretion.
Day means any consistently designated 24 hour period during which an emission unit is operated.
Decarburization vessel means any vessel used to further refine molten steel with the primary intent of reducing the carbon content of the steel, including but not limited to vessels used for argon-oxygen decarburization and vacuum oxygen decarburization.
Deep bedding systems for cattle swine means a manure management system in which, as manure accumulates, bedding is continually added to absorb moisture over a production cycle and possibly for as long as 6 to 12 months. This manure management system also is known as a bedded pack manure management system and may be combined with a dry lot or pasture.
Degasification system means the entirety of the equipment that is used to drain gas from underground coal mines. This includes all degasification wells and gob gas vent holes at the underground coal mine. Degasification systems include gob and premine surface drainage wells, gob and premine in-mine drainage wells, and in-mine gob and premine cross-measure borehole wells.
Degradable organic carbon (DOC) means the fraction of the total mass of a waste material that can be biologically degraded.
Dehydrator means a device in which a liquid absorbent (including desiccant, ethylene glycol, diethylene glycol, or triethylene glycol) directly contacts a natural gas stream to absorb water vapor.
Dehydrator vent emissions means natural gas and CO
Delayed coking unit means one or more refinery process units in which high molecular weight petroleum derivatives are thermally cracked and petroleum coke is produced in a series of closed, batch system reactors. A delayed coking unit consists of the coke drums and ancillary equipment associated with a single fractionator.
De-methanizer means the natural gas processing unit that separates methane rich residue gas from the heavier hydrocarbons (e.g., ethane, propane, butane, pentane-plus) in feed natural gas stream.
Density means the mass contained in a given unit volume (mass/volume).
Desiccant means a material used in solid-bed dehydrators to remove water from raw natural gas by adsorption or absorption. Desiccants include activated alumina, pelletized calcium chloride, lithium chloride and granular silica gel material. Wet natural gas is passed through a bed of the granular or pelletized solid adsorbent or absorbent in these dehydrators. As the wet gas contacts the surface of the particles of desiccant material, water is adsorbed on the surface or absorbed and dissolves the surface of these desiccant particles. Passing through the entire desiccant bed, almost all of the water is adsorbed onto or absorbed into the desiccant material, leaving the dry gas to exit the contactor.
Destruction means:
(1) With respect to landfills and manure management, the combustion of methane in any on-site or off-site combustion technology. Destroyed methane includes, but is not limited to, methane combusted by flaring, methane destroyed by thermal oxidation, methane combusted for use in on-site energy or heat production technologies, methane that is conveyed through pipelines (including natural gas pipelines) for off-site combustion, and methane that is collected for any other on-site or off-site use as a fuel.
(2) With respect to fluorinated GHGs, the expiration of a fluorinated GHG to the destruction efficiency actually achieved. Such destruction does not result in a commercially useful end product.
Destruction device, for the purposes of subparts II and TT of this part, means a flare, thermal oxidizer, boiler, turbine, internal combustion engine, or any other combustion unit used to destroy or oxidize methane contained in landfill gas or wastewater biogas.
Destruction efficiency means the efficiency with which a destruction device reduces the mass of a greenhouse gas fed into the device. Destruction efficiency, or flaring destruction efficiency, refers to the fraction of the gas that leaves the flare partially or fully oxidized. The destruction efficiency is expressed in Equation A-2 of this section:
Diesel – Other is any distillate fuel oil not defined elsewhere, including Diesel Treated as Blendstock (DTAB).
DIPE (diisopropyl ether, (CH
Direct liquefaction means the conversion of coal directly into liquids, rather than passing through an intermediate gaseous state.
Direct reduction furnace means a high temperature furnace typically fired with natural gas to produce solid iron from iron ore or iron ore pellets and coke, coal, or other carbonaceous materials.
Distillate fuel oil means a classification for one of the petroleum fractions produced in conventional distillation operations and from crackers and hydrotreating process units. The generic term distillate fuel oil includes kerosene, kerosene-type jet fuel, diesel fuels (Diesel Fuels No. 1, No. 2, and No. 4), and fuel oils (Fuel Oils No. 1, No. 2, and No. 4).
Distillate Fuel No. 1 has a maximum distillation temperature of 550 °F at the 90 percent recovery point and a minimum flash point of 100 °F and includes fuels commonly known as Diesel Fuel No. 1 and Fuel Oil No. 1, but excludes kerosene. This fuel is further subdivided into categories of sulfur content: High Sulfur (greater than 500 ppm), Low Sulfur (less than or equal to 500 ppm and greater than 15 ppm), and Ultra Low Sulfur (less than or equal to 15 ppm).
Distillate Fuel No. 2 has a minimum and maximum distillation temperature of 540 °F and 640 °F at the 90 percent recovery point, respectively, and includes fuels commonly known as Diesel Fuel No. 2 and Fuel Oil No. 2. This fuel is further subdivided into categories of sulfur content: High Sulfur (greater than 500 ppm), Low Sulfur (less than or equal to 500 ppm and greater than 15 ppm), and Ultra Low Sulfur (less than or equal to 15 ppm).
Distillate Fuel No. 4 is a distillate fuel oil made by blending distillate fuel oil and residual fuel oil, with a minimum flash point of 131 °F.
DOC
Dry lot means a manure management system component consisting of a paved or unpaved open confinement area without any significant vegetative cover where accumulating manure may be removed periodically.
Electric arc furnace (EAF) means a furnace that produces molten alloy metal and heats the charge materials with electric arcs from carbon electrodes.
Electric arc furnace steelmaking means the production of carbon, alloy, or specialty steels using an EAF. This definition excludes EAFs at steel foundries and EAFs used to produce nonferrous metals.
Electrothermic furnace means a furnace that heats the charged materials with electric arcs from carbon electrodes.
Emergency generator means a stationary combustion device, such as a reciprocating internal combustion engine or turbine that serves solely as a secondary source of mechanical or electrical power whenever the primary energy supply is disrupted or discontinued during power outages or natural disasters that are beyond the control of the owner or operator of a facility. An emergency generator operates only during emergency situations, for training of personnel under simulated emergency conditions, as part of emergency demand response procedures, or for standard performance testing procedures as required by law or by the generator manufacturer. A generator that serves as a back-up power source under conditions of load shedding, peak shaving, power interruptions pursuant to an interruptible power service agreement, or scheduled facility maintenance shall not be considered an emergency generator.
Emergency equipment means any auxiliary fossil fuel-powered equipment, such as a fire pump, that is used only in emergency situations.
ETBE (ethyl tertiary butyl ether, (CH
Ethane is a paraffinic hydrocarbon with molecular formula C
Ethanol is an anhydrous alcohol with molecular formula C
Ethylene is an olefinic hydrocarbon with molecular formula C
Ex refinery gate means the point at which a petroleum product leaves the refinery.
Experimental furnace means a glass melting furnace with the sole purpose of operating to evaluate glass melting processes, technologies, or glass products. An experimental furnace does not produce glass that is sold (except for further research and development purposes) or that is used as a raw material for non-experimental furnaces.
Export means to transport a product from inside the United States to persons outside the United States, excluding any such transport on behalf of the United States military including foreign military sales under the Arms Export Control Act.
Exporter means any person, company or organization of record that transfers for sale or for other benefit, domestic products from the United States to another country or to an affiliate in another country, excluding any such transfers on behalf of the United States military or military purposes including foreign military sales under the Arms Export Control Act. An exporter is not the entity merely transporting the domestic products, rather an exporter is the entity deriving the principal benefit from the transaction.
Facility means any physical property, plant, building, structure, source, or stationary equipment located on one or more contiguous or adjacent properties in actual physical contact or separated solely by a public roadway or other public right-of-way and under common ownership or common control, that emits or may emit any greenhouse gas. Operators of military installations may classify such installations as more than a single facility based on distinct and independent functional groupings within contiguous military properties.
Feed means the prepared and mixed materials, which include but are not limited to materials such as limestone, clay, shale, sand, iron ore, mill scale, cement kiln dust and flyash, that are fed to the kiln. Feed does not include the fuels used in the kiln to produce heat to form the clinker product.
Feedstock means raw material inputs to a process that are transformed by reaction, oxidation, or other chemical or physical methods into products and by-products. Supplemental fuel burned to provide heat or thermal energy is not a feedstock.
Fischer-Tropsch process means a catalyzed chemical reaction in which synthesis gas, a mixture of carbon monoxide and hydrogen, is converted into liquid hydrocarbons of various forms.
Flare means a combustion device, whether at ground level or elevated, that uses an open flame to burn combustible gases with combustion air provided by uncontrolled ambient air around the flame.
Flat glass means glass made of soda-lime recipe and produced into continuous flat sheets and other products listed in NAICS 327211.
Flowmeter means a device that measures the mass or volumetric rate of flow of a gas, liquid, or solid moving through an open or closed conduit (e.g. flowmeters include, but are not limited to, rotameters, turbine meters, coriolis meters, orifice meters, ultra-sonic flowmeters, and vortex flowmeters).
Fluid coking unit means one or more refinery process units in which high molecular weight petroleum derivatives are thermally cracked and petroleum coke is continuously produced in a fluidized bed system. The fluid coking unit includes equipment for controlling air pollutant emissions and for heat recovery on the fluid coking burner exhaust vent. There are two basic types of fluid coking units: A traditional fluid coking unit in which only a small portion of the coke produced in the unit is burned to fuel the unit and the fluid coking burner exhaust vent is directed to the atmosphere (after processing in a CO boiler or other air pollutant control equipment) and a flexicoking unit in which an auxiliary burner is used to partially combust a significant portion of the produced petroleum coke to generate a low value fuel gas that is used as fuel in other combustion sources at the refinery.
Fluorinated acetates means fluorinated GHGs that are composed of an acetate group with one or more valence locations on the methyl group of the acetate occupied by fluorine atoms (e.g., CFH
Fluorinated alcohols other than fluorotelomer alcohols means fluorinated GHGs that include an alcohol functional group (-OH) and that do not meet the definition of fluorotelomer alcohols.
Fluorinated formates means fluorinated GHGs that are composed of a formate group -OCH(O) (carbonyl group with a single-bonded oxygen, and with a hydrogen atom) that is linked on the single-bonded oxygen atom to a hydrocarbon group in which one or more of the hydrogen atoms in the hydrocarbon group is replaced by fluorine atoms; the typical formula for fluorinated formates is F
Fluorinated greenhouse gas means sulfur hexafluoride (SF
Fluorinated greenhouse gas (GHG) group means one of the following sets of fluorinated GHGs: Fully fluorinated GHGs; saturated hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 1 carbon-hydrogen bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2 carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds; fluorinated formates; fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; fluorinated GHGs with carbon-iodine bonds; or other fluorinated GHGs.
Fluorotelomer alcohols means fluorinated GHGs with the chemical formula C
Fossil fuel means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material, for purpose of creating useful heat.
Fractionators means plants that produce fractionated natural gas liquids (NGLs) extracted from produced natural gas and separate the NGLs individual component products: ethane, propane, butanes and pentane-plus (C5 + ). Plants that only process natural gas but do not fractionate NGLs further into component products are not considered fractionators. Some fractionators do not process production gas, but instead fractionate bulk NGLs received from natural gas processors. Some fractionators both process natural gas and fractionate bulk NGLs received from other plants.
Fuel means solid, liquid or gaseous combustible material.
Fuel gas means gas generated at a petroleum refinery or petrochemical plant and that is combusted separately or in any combination with any type of gas.
Fuel gas system means a system of compressors, piping, knock-out pots, mix drums, and, if necessary, units used to remove sulfur contaminants from the fuel gas (e.g., amine scrubbers) that collects fuel gas from one or more sources for treatment, as necessary, and transport to a stationary combustion unit. A fuel gas system may have an overpressure vent to a flare but the primary purpose for a fuel gas system is to provide fuel to the various combustion units at the refinery or petrochemical plant.
Fully fluorinated GHGs means fluorinated GHGs that contain only single bonds and in which all available valence locations are filled by fluorine atoms. This includes but is not limited to: Saturated perfluorocarbons; SF
Furnace slag means a by-product formed in metal melting furnaces when slagging agents, reducing agents, and/or fluxes (e.g., coke ash, limestone, silicates) are added to remove impurities from the molten metal.
Gas collection system or landfill gas collection system means a system of pipes used to collect landfill gas from different locations in the landfill by means of a fan or similar mechanical draft equipment (forced convection) to a single location for treatment (thermal destruction) or use. Landfill gas collection systems may also include knock-out or separator drums and/or a compressor. A single landfill may have multiple gas collection systems. Landfill gas collection systems do not include “passive” systems, whereby landfill gas flows naturally (without forced convection) to the surface of the landfill where an opening or pipe (vent) is installed to allow for the flow of landfill gas to the atmosphere or to a remote flare installed to combust landfill gas that is passively emitted from the vent. Landfill gas collection systems also do not include “active venting” systems, whereby landfill gas is conveyed to the surface of the landfill using forced convection, but the landfill gas is never recovered or thermally destroyed prior to release to the atmosphere.
Gas conditions mean the actual temperature, volume, and pressure of a gas sample.
Gas-fired unit means a stationary combustion unit that derives more than 50 percent of its annual heat input from the combustion of gaseous fuels, and the remainder of its annual heat input from the combustion of fuel oil or other liquid fuels.
Gas monitor means an instrument that continuously measures the concentration of a particular gaseous species in the effluent of a stationary source.
Gas to oil ratio (GOR) means the ratio of the volume of gas at standard temperature and pressure that is produced from a volume of oil when depressurized to standard temperature and pressure.
Gaseous fuel means a material that is in the gaseous state at standard atmospheric temperature and pressure conditions and that is combusted to produce heat and/or energy.
Gasification means the conversion of a solid or liquid raw material into a gas.
Gasoline – Other is any gasoline that is not defined elsewhere, including GTAB (gasoline treated as blendstock).
Glass melting furnace means a unit comprising a refractory-lined vessel in which raw materials are charged and melted at high temperature to produce molten glass.
Glass produced means the weight of glass exiting a glass melting furnace.
Global warming potential or GWP means the ratio of the time-integrated radiative forcing from the instantaneous release of one kilogram of a trace substance relative to that of one kilogram of a reference gas (i.e., CO
GPA means the Gas Processors Association.
Greenhouse gas or GHG means carbon dioxide (CO
GTBA (gasoline-grade tertiary butyl alcohol, (CH
Heavy Gas Oils are petroleum distillates with an approximate boiling range from 651 °F to 1,000 °F.
Heel means the amount of gas that remains in a shipping container after it is discharged or off-loaded (that is no more than ten percent of the volume of the container).
High-bleed pneumatic devices are automated, continuous bleed flow control devices powered by pressurized natural gas and used for maintaining a process condition such as liquid level, pressure, delta-pressure and temperature. Part of the gas power stream that is regulated by the process condition flows to a valve actuator controller where it vents continuously (bleeds) to the atmosphere at a rate in excess of 6 standard cubic feet per hour.
High heat value or HHV means the high or gross heat content of the fuel with the heat of vaporization included. The water is assumed to be in a liquid state.
Hydrofluorocarbons or HFCs means a class of GHGs consisting of hydrogen, fluorine, and carbon.
Import means, to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States, with the following exemptions:
(1) Off-loading used or excess fluorinated GHGs or nitrous oxide of U.S. origin from a ship during servicing.
(2) Bringing fluorinated GHGs or nitrous oxide into the U.S. from Mexico where the fluorinated GHGs or nitrous oxide had been admitted into Mexico in bond and were of U.S. origin.
(3) Bringing fluorinated GHGs or nitrous oxide into the U.S. when transported in a consignment of personal or household effects or in a similar non-commercial situation normally exempted from U.S. Customs attention.
(4) Bringing fluorinated GHGs or nitrous into U.S. jurisdiction exclusively for U. S. military purposes.
Importer means any person, company, or organization of record that for any reason brings a product into the United States from a foreign country, excluding introduction into U.S. jurisdiction exclusively for United States military purposes. An importer is the person, company, or organization primarily liable for the payment of any duties on the merchandise or an authorized agent acting on their behalf. The term includes, as appropriate:
(1) The consignee.
(2) The importer of record.
(3) The actual owner.
(4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred.
Indurating furnace means a furnace where unfired taconite pellets, called green balls, are hardened at high temperatures to produce fired pellets for use in a blast furnace. Types of indurating furnaces include straight gate and grate kiln furnaces.
Industrial greenhouse gases means nitrous oxide or any fluorinated greenhouse gas.
In-line kiln/raw mill means a system in a portland cement production process where a dry kiln system is integrated with the raw mill so that all or a portion of the kiln exhaust gases are used to perform the drying operation of the raw mill, with no auxiliary heat source used. In this system the kiln is capable of operating without the raw mill operating, but the raw mill cannot operate without the kiln gases, and consequently, the raw mill does not generate a separate exhaust gas stream.
Intermittent bleed pneumatic devices mean automated flow control devices powered by pressurized natural gas and used for automatically maintaining a process condition such as liquid level, pressure, delta-pressure and temperature. These are snap-acting or throttling devices that discharge all or a portion of the full volume of the actuator intermittently when control action is necessary, but does not bleed continuously.
Isobutane is a paraffinic branch chain hydrocarbon with molecular formula C
Isobutylene is an olefinic branch chain hydrocarbon with molecular formula C
Kerosene is a light petroleum distillate with a maximum distillation temperature of 400 °F at the 10-percent recovery point, a final maximum boiling point of 572 °F, a minimum flash point of 100 °F, and a maximum freezing point of −22 °F. Included are No. 1-K and No. 2-K, distinguished by maximum sulfur content (0.04 and 0.30 percent of total mass, respectively), as well as all other grades of kerosene called range or stove oil. Excluded is kerosene-type jet fuel (see definition herein).
Kerosene-type jet fuel means a kerosene-based product used in commercial and military turbojet and turboprop aircraft. The product has a maximum distillation temperature of 400 °F at the 10 percent recovery point and a final maximum boiling point of 572 °F. Included are Jet A, Jet A-1, JP-5, and JP-8.
Kiln means an oven, furnace, or heated enclosure used for thermally processing a mineral or mineral-based substance.
Landfill means an area of land or an excavation in which wastes are placed for permanent disposal and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined under 40 CFR 257.2.
Landfill gas means gas produced as a result of anaerobic decomposition of waste materials in the landfill. Landfill gas generally contains 40 to 60 percent methane on a dry basis, typically less than 1 percent non-methane organic chemicals, and the remainder being carbon dioxide.
Liberated means released from coal and surrounding rock strata during the mining process. This includes both methane emitted from the ventilation system and methane drained from degasification systems.
Lime is the generic term for a variety of chemical compounds that are produced by the calcination of limestone or dolomite. These products include but are not limited to calcium oxide, high-calcium quicklime, calcium hydroxide, hydrated lime, dolomitic quicklime, and dolomitic hydrate.
Liquid/Slurry means a manure management component in which manure is stored as excreted or with some minimal addition of water to facilitate handling and is stored in either tanks or earthen ponds, usually for periods less than one year.
Low-bleed pneumatic devices mean automated flow control devices powered by pressurized natural gas and used for maintaining a process condition such as liquid level, pressure, delta-pressure and temperature. Part of the gas power stream that is regulated by the process condition flows to a valve actuator controller where it vents continuously (bleeds) to the atmosphere at a rate equal to or less than six standard cubic feet per hour.
Lubricants include all grades of lubricating oils, from spindle oil to cylinder oil to those used in greases. Petroleum lubricants may be produced from distillates or residues.
Makeup chemicals means carbonate chemicals (e.g., sodium and calcium carbonates) that are added to the chemical recovery areas of chemical pulp mills to replace chemicals lost in the process.
Manure composting means the biological oxidation of a solid waste including manure usually with bedding or another organic carbon source typically at thermophilic temperatures produced by microbial heat production. There are four types of composting employed for manure management: Static, in vessel, intensive windrow and passive windrow. Static composting typically occurs in an enclosed channel, with forced aeration and continuous mixing. In vessel composting occurs in piles with forced aeration but no mixing. Intensive windrow composting occurs in windrows with regular turning for mixing and aeration. Passive windrow composting occurs in windrows with infrequent turning for mixing and aeration.
Maximum rated heat input capacity means the hourly heat input to a unit (in mmBtu/hr), when it combusts the maximum amount of fuel per hour that it is capable of combusting on a steady state basis, as of the initial installation of the unit, as specified by the manufacturer.
Maximum rated input capacity means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under 40 CFR 60.58b(j).
Mcf means thousand cubic feet.
Methane conversion factor means the extent to which the CH
Methane correction factor means an adjustment factor applied to the methane generation rate to account for portions of the landfill that remain aerobic. The methane correction factor can be considered the fraction of the total landfill waste volume that is ultimately disposed of in an anaerobic state. Managed landfills that have soil or other cover materials have a methane correction factor of 1.
Methanol (CH
Midgrade gasoline has an octane rating greater than or equal to 88 and less than or equal to 90. This definition applies to the midgrade categories of Conventional-Summer, Conventional-Winter, Reformulated-Summer, and Reformulated-Winter. For midgrade categories of RBOB-Summer, RBOB-Winter, CBOB-Summer, and CBOB-Winter, this definition refers to the expected octane rating of the finished gasoline after oxygenate has been added to the RBOB or CBOB.
Miscellaneous products include all refined petroleum products not defined elsewhere. It includes, but is not limited to, naphtha-type jet fuel (Jet B and JP-4), petrolatum lube refining by-products (aromatic extracts and tars), absorption oils, ram-jet fuel, petroleum rocket fuels, synthetic natural gas feedstocks, waste feedstocks, and specialty oils. It excludes organic waste sludges, tank bottoms, spent catalysts, and sulfuric acid.
MMBtu means million British thermal units.
Motor gasoline (finished) means a complex mixture of volatile hydrocarbons, with or without additives, suitably blended to be used in spark ignition engines. Motor gasoline includes conventional gasoline, reformulated gasoline, and all types of oxygenated gasoline. Gasoline also has seasonal variations in an effort to control ozone levels. This is achieved by lowering the Reid Vapor Pressure (RVP) of gasoline during the summer driving season. Depending on the region of the country the RVP is lowered to below 9.0 psi or 7.8 psi. The RVP may be further lowered by state regulations.
Mscf means thousand standard cubic feet.
MTBE (methyl tertiary butyl ether, (CH
Municipal solid waste landfill or MSW landfill means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA Subtitle D wastes (40 CFR 257.2) such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads, public roadways, or other public right-of-ways. An MSW landfill may be publicly or privately owned.
Municipal solid waste or MSW means solid phase household, commercial/retail, and/or institutional waste. Household waste includes material discarded by single and multiple residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. Commercial/retail waste includes material discarded by stores, offices, restaurants, warehouses, non-manufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes material discarded by schools, nonmedical waste discarded by hospitals, material discarded by non-manufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. Household, commercial/retail, and institutional wastes include yard waste, refuse-derived fuel, and motor vehicle maintenance materials. Insofar as there is separate collection, processing and disposal of industrial source waste streams consisting of used oil, wood pallets, construction, renovation, and demolition wastes (which includes, but is not limited to, railroad ties and telephone poles), paper, clean wood, plastics, industrial process or manufacturing wastes, medical waste, motor vehicle parts or vehicle fluff, or used tires that do not contain hazardous waste identified or listed under 42 U.S.C. § 6921, such wastes are not municipal solid waste. However, such wastes qualify as municipal solid waste where they are collected with other municipal solid waste or are otherwise combined with other municipal solid waste for processing and/or disposal.
Municipal wastewater treatment plant means a series of treatment processes used to remove contaminants and pollutants from domestic, business, and industrial wastewater collected in city sewers and transported to a centralized wastewater treatment system such as a publicly owned treatment works (POTW).
N
Naphthas ( is a generic term applied to a petroleum fraction with an approximate boiling range between 122 °F and 400 °F. The naphtha fraction of crude oil is the raw material for gasoline and is composed largely of paraffinic hydrocarbons.
Natural gas means a naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth’s surface, of which the principal constituent is methane. Natural gas may be field quality or pipeline quality.
Natural gas driven pneumatic pump means a pump that uses pressurized natural gas to move a piston or diaphragm, which pumps liquids on the opposite side of the piston or diaphragm.
Natural gas liquids (NGLs) means those hydrocarbons in natural gas that are separated from the gas as liquids through the process of absorption, condensation, adsorption, or other methods. Generally, such liquids consist of ethane, propane, butanes, and pentanes plus. Bulk NGLs refers to mixtures of NGLs that are sold or delivered as undifferentiated product from natural gas processing plants.
Natural gasoline means a mixture of liquid hydrocarbons (mostly pentanes and heavier hydrocarbons) extracted from natural gas. It includes isopentane.
NIST means the United States National Institute of Standards and Technology.
Nitric acid production line means a series of reactors and absorbers used to produce nitric acid.
Nitrogen excreted is the nitrogen that is excreted by livestock in manure and urine.
Non-crude feedstocks means any petroleum product or natural gas liquid that enters the refinery to be further refined or otherwise used on site.
Non-recovery coke oven battery means a group of ovens connected by common walls and operated as a unit, where coal undergoes destructive distillation under negative pressure to produce coke, and which is designed for the combustion of the coke oven gas from which by-products are not recovered.
North American Industry Classification System (NAICS) code(s) means the six-digit code(s) that represents the product(s)/activity(s)/service(s) at a facility or supplier as listed in the
Oil-fired unit means a stationary combustion unit that derives more than 50 percent of its annual heat input from the combustion of fuel oil, and the remainder of its annual heat input from the combustion of natural gas or other gaseous fuels.
Open-ended valve or lines (OELs) means any valve, except pressure relief valves, having one side of the valve seat in contact with process fluid and one side open to atmosphere, either directly or through open piping.
Operating hours means the duration of time in which a process or process unit is utilized; this excludes shutdown, maintenance, and standby.
Operational change means, for purposes of § 98.3(b), a change in the type of feedstock or fuel used, a change in operating hours, or a change in process production rate.
Operator means any person who operates or supervises a facility or supplier.
Other fluorinated GHGs means fluorinated GHGs that are none of the following: Fully fluorinated GHGs; saturated hydrofluorocarbons with 2 or fewer carbon-hydrogen bonds; saturated hydrofluorocarbons with 3 or more carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 1 carbon-hydrogen bond; saturated hydrofluoroethers and hydrochlorofluoroethers with 2 carbon-hydrogen bonds; saturated hydrofluoroethers and hydrochlorofluoroethers with 3 or more carbon-hydrogen bonds; fluorinated formates; fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols; unsaturated PFCs, unsaturated HFCs, unsaturated HCFCs, unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones; fluorotelomer alcohols; or fluorinated GHGs with carbon-iodine bonds.
Other oils (>401 °F) are oils with a boiling range equal to or greater than 401 °F that are generally intended for use as a petrochemical feedstock and are not defined elsewhere.
Outer Continental Shelf means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in 43 U.S.C. 1331, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control.
Owner means any person who has legal or equitable title to, has a leasehold interest in, or control of a facility or supplier, except a person whose legal or equitable title to or leasehold interest in the facility or supplier arises solely because the person is a limited partner in a partnership that has legal or equitable title to, has a leasehold interest in, or control of the facility or supplier shall not be considered an “owner” of the facility or supplier.
Oxygenates means substances which, when added to gasoline, increase the oxygen content of the gasoline. Common oxygenates are ethanol, methyl tertiary butyl ether (MTBE), ethyl tertiary butyl ether (ETBE), tertiary amyl methyl ether (TAME), diisopropyl ether (DIPE), and methanol.
Pasture/Range/Paddock means the manure from pasture and range grazing animals is allowed to lie as deposited, and is not managed.
Pentanes plus, or C5 + , is a mixture of hydrocarbons that is a liquid at ambient temperature and pressure, and consists mostly of pentanes (five carbon chain) and higher carbon number hydrocarbons. Pentanes plus includes, but is not limited to, normal pentane, isopentane, hexanes-plus (natural gasoline), and plant condensate.
Perfluorocarbons or PFCs means a class of greenhouse gases consisting on the molecular level of carbon and fluorine.
Petrochemical means methanol, acrylonitrile, ethylene, ethylene oxide, ethylene dichloride, and any form of carbon black.
Petrochemical feedstocks means feedstocks derived from petroleum for the manufacture of chemicals, synthetic rubber, and a variety of plastics. This category is usually divided into naphthas less than 401 °F and other oils greater than 401 °F.
Petroleum means oil removed from the earth and the oil derived from tar sands and shale.
Petroleum coke means a black solid residue, obtained mainly by cracking and carbonizing of petroleum derived feedstocks, vacuum bottoms, tar and pitches in processes such as delayed coking or fluid coking. It consists mainly of carbon (90 to 95 percent), has low ash content, and may be used as a feedstock in coke ovens. This product is also known as marketable coke or catalyst coke.
Petroleum product means all refined and semi-refined products that are produced at a refinery by processing crude oil and other petroleum-based feedstocks, including petroleum products derived from co-processing biomass and petroleum feedstock together, but not including plastics or plastic products. Petroleum products may be combusted for energy use, or they may be used either for non-energy processes or as non-energy products. The definition of petroleum product for importers and exporters excludes waxes.
Physical address, with respect to a United States parent company as defined in this section, means the street address, city, state and zip code of that company’s physical location.
Pit storage below animal confinement (deep pits) means the collection and storage of manure typically below a slatted floor in an enclosed animal confinement facility. This usually occurs with little or no added water for periods less than one year.
Plant code means either of the following:
(1) The Plant ID code assigned by the Department of Energy’s Energy Information Administration. The Energy Information Administration Plant ID code is also referred to as the “ORIS code”, “ORISPL code”, “Facility ID”, or “Facility code”, among other names.
(2) If a Plant ID code has not been assigned by the Department of Energy’s Energy Information Administration, then plant code means a code beginning with “88” assigned by the EPA’s Clean Air Markets Division for electronic reporting.
Portable means designed and capable of being carried or moved from one location to another. Indications of portability include but are not limited to wheels, skids, carrying handles, dolly, trailer, or platform. Equipment is not portable if any one of the following conditions exists:
(1) The equipment is attached to a foundation.
(2) The equipment or a replacement resides at the same location for more than 12 consecutive months.
(3) The equipment is located at a seasonal facility and operates during the full annual operating period of the seasonal facility, remains at the facility for at least two years, and operates at that facility for at least three months each year.
(4) The equipment is moved from one location to another in an attempt to circumvent the portable residence time requirements of this definition.
Poultry manure with litter means a manure management system component that is similar to cattle and swine deep bedding except usually not combined with a dry lot or pasture. The system is typically used for poultry breeder flocks and for the production of meat type chickens (broiler) and other fowl.
Poultry manure without litter means a manure management system component that may manage manure in a liquid form, similar to open pits in enclosed animal confinement facilities. These systems may alternatively be designed and operated to dry manure as it accumulates. The latter is known as a high-rise manure management system and is a form of passive windrow manure composting when designed and operated properly.
Precision of a measurement at a specified level (e.g., one percent of full scale or one percent of the value measured) means that 95 percent of repeat measurements made by a device or technique are within the range bounded by the mean of the measurements plus or minus the specified level.
Premium grade gasoline is gasoline having an antiknock index, i.e., octane rating, greater than 90. This definition applies to the premium grade categories of Conventional-Summer, Conventional-Winter, Reformulated-Summer, and Reformulated-Winter. For premium grade categories of RBOB-Summer, RBOB-Winter, CBOB-Summer, and CBOB-Winter, this definition refers to the expected octane rating of the finished gasoline after oxygenate has been added to the RBOB or CBOB.
Pressed and blown glass means glass which is pressed, blown, or both, into products such as light bulbs, glass fiber, technical glass, and other products listed in NAICS 327212.
Pressure relief device or pressure relief valve or pressure safety valve means a safety device used to prevent operating pressures from exceeding the maximum allowable working pressure of the process equipment. A common pressure relief device is but not limited to a spring-loaded pressure relief valve. Devices that are actuated either by a pressure of less than or equal to 2.5 psig or by a vacuum are not pressure relief devices.
Primary fuel means the fuel that provides the greatest percentage of the annual heat input to a stationary fuel combustion unit.
Process emissions means the emissions from industrial processes (e.g., cement production, ammonia production) involving chemical or physical transformations other than fuel combustion. For example, the calcination of carbonates in a kiln during cement production or the oxidation of methane in an ammonia process results in the release of process CO
Process unit means the equipment assembled and connected by pipes and ducts to process raw materials and to manufacture either a final product or an intermediate used in the onsite production of other products. The process unit also includes the purification of recovered byproducts.
Process vent means means a gas stream that: Is discharged through a conveyance to the atmosphere either directly or after passing through a control device; originates from a unit operation, including but not limited to reactors (including reformers, crackers, and furnaces, and separation equipment for products and recovered byproducts); and contains or has the potential to contain GHG that is generated in the process. Process vent does not include safety device discharges, equipment leaks, gas streams routed to a fuel gas system or to a flare, discharges from storage tanks.
Propane is a paraffinic hydrocarbon with molecular formula C
Propylene is an olefinic hydrocarbon with molecular formula C
Pulp mill lime kiln means the combustion units (e.g., rotary lime kiln or fluidized bed calciner) used at a kraft or soda pulp mill to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide.
Pushing means the process of removing the coke from the coke oven at the end of the coking cycle. Pushing begins when coke first begins to fall from the oven into the quench car and ends when the quench car enters the quench tower.
Raw mill means a ball and tube mill, vertical roller mill or other size reduction equipment, that is not part of an in-line kiln/raw mill, used to grind feed to the appropriate size. Moisture may be added or removed from the feed during the grinding operation. If the raw mill is used to remove moisture from feed materials, it is also, by definition, a raw material dryer. The raw mill also includes the air separator associated with the raw mill.
RBOB-Summer (reformulated blendstock for oxygenate blending) means a petroleum product which, when blended with a specified type and percentage of oxygenate, meets the definition of Reformulated-Summer.
RBOB-Winter (reformulated blendstock for oxygenate blending) means a petroleum product which, when blended with a specified type and percentage of oxygenate, meets the definition of Reformulated-Winter.
Reciprocating compressor means a piece of equipment that increases the pressure of a process natural gas or CO
Reciprocating compressor rod packing means a series of flexible rings in machined metal cups that fit around the reciprocating compressor piston rod to create a seal limiting the amount of compressed natural gas or CO
Re-condenser means heat exchangers that cool compressed boil-off gas to a temperature that will condense natural gas to a liquid.
Reformulated-Summer refers to finished gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the reformulated gasoline regulations promulgated by the U.S. Environmental Protection Agency under 40 CFR 80.40 and 40 CFR 80.41, and summer RVP standards required under 40 CFR 80.27 or as specified by the state. Reformulated gasoline excludes Reformulated Blendstock for Oxygenate Blending (RBOB) as well as other blendstock.
Reformulated-Winter refers to finished gasoline formulated for use in motor vehicles, the composition and properties of which meet the requirements of the reformulated gasoline regulations promulgated by the U.S. Environmental Protection Agency under 40 CFR 80.40 and 40 CFR 80.41, but which do not meet summer RVP standards required under 40 CFR 80.27 or as specified by the state.
Regular grade gasoline is gasoline having an antiknock index, i.e., octane rating, greater than or equal to 85 and less than 88. This definition applies to the regular grade categories of Conventional-Summer, Conventional-Winter, Reformulated-Summer, and Reformulated-Winter. For regular grade categories of RBOB-Summer, RBOB-Winter, CBOB-Summer, and CBOB-Winter, this definition refers to the expected octane rating of the finished gasoline after oxygenate has been added to the RBOB or CBOB.
Rendered animal fat, or tallow, means fats extracted from animals which are generally used as a feedstock in making biodiesel.
Reporting year means the calendar year during which the GHG data are required to be collected for purposes of the annual GHG report. For example, reporting year 2014 is January 1, 2014 through December 31, 2014, and the annual report for reporting year 2014 is submitted to EPA on March 31, 2015.
Research and development means those activities conducted in process units or at laboratory bench-scale settings whose purpose is to conduct research and development for new processes, technologies, or products and whose purpose is not for the manufacture of products for commercial sale, except in a de minimis manner.
Residual Fuel Oil No. 5 (Navy Special) is a classification for the heavier fuel oil generally used in steam powered vessels in government service and inshore power plants. It has a minimum flash point of 131 °F.
Residual Fuel Oil No. 6 (a.k.a. Bunker C) is a classification for the heavier fuel oil generally used for the production of electric power, space heating, vessel bunkering and various industrial purposes. It has a minimum flash point of 140 °F.
Residuum is residue from crude oil after distilling off all but the heaviest components, with a boiling range greater than 1,000 °F.
Road oil is any heavy petroleum oil, including residual asphaltic oil used as a dust palliative and surface treatment on roads and highways. It is generally produced in six grades, from 0, the most liquid, to 5, the most viscous.
Rotary lime kiln means a unit with an inclined rotating drum that is used to produce a lime product from limestone by calcination.
Safety device means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. A safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes and practices, or other requirements for the safe handling of flammable, combustible, explosive, reactive, or hazardous materials.
Sales oil means produced crude oil or condensate measured at the production lease automatic custody transfer (LACT) meter or custody transfer tank gauge.
Saturated hydrochlorofluoroethers (HCFEs) means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which two or more, but not all, of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms and chlorine atoms; and which contain only single bonds.
Saturated hydrofluorocarbons (HFCs) means fluorinated GHGs that are hydrofluorocarbons and that contain only single bonds.
Saturated hydrofluoroethers (HFEs) means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which one or more, but not all, of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms; and which contain only single bonds.
Semi-refined petroleum product means all oils requiring further processing. Included in this category are unfinished oils which are produced by the partial refining of crude oil and include the following: Naphthas and lighter oils; kerosene and light gas oils; heavy gas oils; and residuum, and all products that require further processing or the addition of blendstocks.
Sendout means, in the context of a local distribution company, the total deliveries of natural gas to customers over a specified time interval (typically hour, day, month, or year). Sendout is the sum of gas received through the city gate, gas withdrawn from on-system storage or peak shaving plants, and gas produced and delivered into the distribution system; and is net of any natural gas injected into on-system storage. It comprises gas sales, exchange, deliveries, gas used by company, and unaccounted for gas. Sendout is measured at the city gate station, and other on-system receipt points from storage, peak shaving, and production.
Sensor means a device that measures a physical quantity/quality or the change in a physical quantity/quality, such as temperature, pressure, flow rate, pH, or liquid level.
SF
Shutdown means the cessation of operation of an emission source for any purpose.
Silicon carbide means an artificial abrasive produced from silica sand or quartz and petroleum coke.
Sinter process means a process that produces a fused aggregate of fine iron-bearing materials suited for use in a blast furnace. The sinter machine is composed of a continuous traveling grate that conveys a bed of ore fines and other finely divided iron-bearing material and fuel (typically coke breeze), a burner at the feed end of the grate for ignition, and a series of downdraft windboxes along the length of the strand to support downdraft combustion and heat sufficient to produce a fused sinter product.
Site means any combination of one or more graded pad sites, gravel pad sites, foundations, platforms, or the immediate physical location upon which equipment is physically located.
Smelting furnace means a furnace in which lead-bearing materials, carbon-containing reducing agents, and fluxes are melted together to form a molten mass of material containing lead and slag.
Solid by-products means plant matter such as vegetable waste, animal materials/wastes, and other solid biomass, except for wood, wood waste, and sulphite lyes (black liquor).
Solid storage is the storage of manure, typically for a period of several months, in unconfined piles or stacks. Manure is able to be stacked due to the presence of a sufficient amount of bedding material or loss of moisture by evaporation.
Sour gas means any gas that contains significant concentrations of hydrogen sulfide. Sour gas may include untreated fuel gas, amine stripper off-gas, or sour water stripper gas.
Sour natural gas means natural gas that contains significant concentrations of hydrogen sulfide (H
Special naphthas means all finished products with the naphtha boiling range (290 ° to 470 °F) that are generally used as paint thinners, cleaners or solvents. These products are refined to a specified flash point. Special naphthas include all commercial hexane and cleaning solvents conforming to ASTM Specification D1836-07, Standard Specification for Commercial Hexanes, and D235-02 (Reapproved 2007), Standard Specification for Mineral Spirits (Petroleum Spirits) (Hydrocarbon Dry Cleaning Solvent), respectively. Naphthas to be blended or marketed as motor gasoline or aviation gasoline, or that are to be used as petrochemical and synthetic natural gas (SNG) feedstocks are excluded.
Spent liquor solids means the dry weight of the solids in the spent pulping liquor that enters the chemical recovery furnace or chemical recovery combustion unit.
Spent pulping liquor means the residual liquid collected from on-site pulping operations at chemical pulp facilities that is subsequently fired in chemical recovery furnaces at kraft and soda pulp facilities or chemical recovery combustion units at sulfite or semi-chemical pulp facilities.
Standard conditions or standard temperature and pressure (STP), for the purposes of this part, means either 60 or 68 degrees Fahrenheit and 14.7 pounds per square inch absolute.
Steam reforming means a catalytic process that involves a reaction between natural gas or other light hydrocarbons and steam. The result is a mixture of hydrogen, carbon monoxide, carbon dioxide, and water.
Still gas means any form or mixture of gases produced in refineries by distillation, cracking, reforming, and other processes. The principal constituents are methane, ethane, ethylene, normal butane, butylene, propane, and propylene.
Storage tank means a vessel (excluding sumps) that is designed to contain an accumulation of crude oil, condensate, intermediate hydrocarbon liquids, or produced water and that is constructed entirely of non-earthen materials (e.g., wood, concrete, steel, plastic) that provide structural support.
Sulfur recovery plant means all process units which recover sulfur or produce sulfuric acid from hydrogen sulfide (H
Supplemental fuel means a fuel burned within a petrochemical process that is not produced within the process itself.
Supplier means a producer, importer, or exporter in any supply category included in Table A-5 to this subpart, as defined by the corresponding subpart of this part.
Sweet gas is natural gas with low concentrations of hydrogen sulfide (H
Taconite iron ore processing means an industrial process that separates and concentrates iron ore from taconite, a low grade iron ore, and heats the taconite in an indurating furnace to produce taconite pellets that are used as the primary feed material for the production of iron in blast furnaces at integrated iron and steel plants.
TAME means tertiary amyl methyl ether, (CH
Trace concentrations means concentrations of less than 0.1 percent by mass of the process stream.
Transform means to use and entirely consume (except for trace concentrations) nitrous oxide or fluorinated GHGs in the manufacturing of other chemicals for commercial purposes. Transformation does not include burning of nitrous oxide.
Transshipment means the continuous shipment of nitrous oxide or a fluorinated GHG from a foreign state of origin through the United States or its territories to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. A transshipment, as it moves through the United States or its territories, cannot be re-packaged, sorted or otherwise changed in condition.
Trona means the raw material (mineral) used to manufacture soda ash; hydrated sodium bicarbonate carbonate (e.g., Na2CO
Ultimate analysis means the determination of the percentages of carbon, hydrogen, nitrogen, sulfur, and chlorine and (by difference) oxygen in the gaseous products and ash after the complete combustion of a sample of an organic material.
Unfinished oils are all oils requiring further processing, except those requiring only mechanical blending.
United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, and any other Commonwealth, territory or possession of the United States, as well as the territorial sea as defined by Presidential Proclamation No. 5928.
United States parent company(s) means the highest-level United States company(s) with an ownership interest in the facility or supplier as of December 31 of the year for which data are being reported.
Unsaturated halogenated ethers means fluorinated GHGs in which two hydrocarbon groups are linked by an oxygen atom; in which one or more of the hydrogen atoms in the hydrocarbon groups have been replaced by fluorine atoms; and which contain one or more bonds that are not single bonds. Unsaturated ethers include unsaturated HFEs.
Unsaturated hydrochlorofluorocarbons (HCFCs) means fluorinated GHGs that contain only carbon, chlorine, fluorine, and hydrogen and that contain one or more bonds that are not single bonds.
Unsaturated hydrofluorocarbons (HFCs) means fluorinated GHGs that are hydrofluorocarbons and that contain one or more bonds that are not single bonds.
Unsaturated perfluorocarbons (PFCs) means fluorinated GHGs that are perfluorocarbons and that contain one or more bonds that are not single bonds.
Unstabilized crude oil means, for the purposes of this part, crude oil that is pumped from the well to a pipeline or pressurized storage vessel for transport to the refinery without intermediate storage in a storage tank at atmospheric pressures. Unstabilized crude oil is characterized by having a true vapor pressure of 5 pounds per square inch absolute (psia) or greater.
Used oil means a petroleum-derived or synthetically-derived oil whose physical properties have changed as a result of handling or use, such that the oil cannot be used for its original purpose. Used oil consists primarily of automotive oils (e.g., used motor oil, transmission oil, hydraulic fluids, brake fluid, etc.) and industrial oils (e.g., industrial engine oils, metalworking oils, process oils, industrial grease, etc).
Valve means any device for halting or regulating the flow of a liquid or gas through a passage, pipeline, inlet, outlet, or orifice; including, but not limited to, gate, globe, plug, ball, butterfly and needle valves.
Vapor recovery system means any equipment located at the source of potential gas emissions to the atmosphere or to a flare, that is composed of piping, connections, and, if necessary, flow-inducing devices, and that is used for routing the gas back into the process as a product and/or fuel.
Vaporization unit means a process unit that performs controlled heat input to vaporize LNG to supply transmission and distribution pipelines or consumers with natural gas.
Vegetable oil means oils extracted from vegetation that are generally used as a feedstock in making biodiesel.
Ventilation hole or shaft means a vent hole, shaft, mine portal, adit or other mine entrance or exits employed at an underground coal mine to serve as the outlet or conduit to move air from the ventilation system out of the mine.
Ventilation system means a system that is used to control the concentration of methane and other gases within mine working areas through mine ventilation, rather than a mine degasification system. A ventilation system consists of fans that move air through the mine workings to dilute methane concentrations.
Volatile solids are the organic material in livestock manure and consist of both biodegradable and non-biodegradable fractions.
Waelz kiln means an inclined rotary kiln in which zinc-containing materials are charged together with a carbon reducing agent (e.g., petroleum coke, metallurgical coke, or anthracite coal).
Waxes means a solid or semi-solid material at 77 °F consisting of a mixture of hydrocarbons obtained or derived from petroleum fractions, or through a Fischer-Tropsch type process, in which the straight chained paraffin series predominates. This includes all marketable wax, whether crude or refined, with a congealing point between 80 (or 85) and 240 °F and a maximum oil content of 50 weight percent.
Well completions means the process that allows for the flow of petroleum or natural gas from newly drilled wells to expel drilling and reservoir fluids and test the reservoir flow characteristics, steps which may vent produced gas to the atmosphere via an open pit or tank. Well completion also involves connecting the well bore to the reservoir, which may include treating the formation or installing tubing, packer(s), or lifting equipment, steps that do not significantly vent natural gas to the atmosphere. This process may also include high-rate flowback of injected gas, water, oil, and proppant used to fracture and prop open new fractures in existing lower permeability gas reservoirs, steps that may vent large quantities of produced gas to the atmosphere.
Well workover means the process(es) of performing one or more of a variety of remedial operations on producing petroleum and natural gas wells to try to increase production. This process also includes high-rate flowback of injected gas, water, oil, and proppant used to re-fracture and prop-open new fractures in existing low permeability gas reservoirs, steps that may vent large quantities of produced gas to the atmosphere.
Wellhead means the piping, casing, tubing and connected valves protruding above the earth’s surface for an oil and/or natural gas well. The wellhead ends where the flow line connects to a wellhead valve. Wellhead equipment includes all equipment, permanent and portable, located on the improved land area (i.e. well pad) surrounding one or multiple wellheads.
Wet natural gas means natural gas in which water vapor exceeds the concentration specified for commercially saleable natural gas delivered from transmission and distribution pipelines. This input stream to a natural gas dehydrator is referred to as “wet gas.”
Wood residuals means materials recovered from three principal sources: Municipal solid waste (MSW); construction and demolition debris; and primary timber processing. Wood residuals recovered from MSW include wooden furniture, cabinets, pallets and containers, scrap lumber (from sources other than construction and demolition activities), and urban tree and landscape residues. Wood residuals from construction and demolition debris originate from the construction, repair, remodeling and demolition of houses and non-residential structures. Wood residuals from primary timber processing include bark, sawmill slabs and edgings, sawdust, and peeler log cores. Other sources of wood residuals include, but are not limited to, railroad ties, telephone and utility poles, pier and dock timbers, wastewater process sludge from paper mills, trim, sander dust, and sawdust from wood products manufacturing (including resinated wood product residuals), and logging residues.
Wool fiberglass means fibrous glass of random texture, including fiberglass insulation, and other products listed in NAICS 327993.
Working capacity, for the purposes of subpart TT of this part, means the maximum volume or mass of waste that is actually placed in the landfill from an individual or representative type of container (such as a tank, truck, or roll-off bin) used to convey wastes to the landfill, taking into account that the container may not be able to be 100 percent filled and/or 100 percent emptied for each load.
You means an owner or operator subject to Part 98.
Zinc smelters means a facility engaged in the production of zinc metal, zinc oxide, or zinc alloy products from zinc sulfide ore concentrates, zinc calcine, or zinc-bearing scrap and recycled materials through the use of pyrometallurgical techniques involving the reduction and volatization of zinc-bearing feed materials charged to a furnace.
§ 98.7 What standardized methods are incorporated by reference into this part?
The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval, and a notice of any change in the materials will be published in the
(a)-(b) [Reserved]
(c) The following material is available for purchase from the ASM International, 9639 Kinsman Road, Materials Park, OH 44073, (440) 338-5151, http://www.asminternational.org.
(1) ASM CS-104 UNS No. G10460 – Alloy Digest April 1985 (Carbon Steel of Medium Carbon Content), incorporation by reference (IBR) approved for § 98.174(b).
(2) [Reserved]
(d) The following material is available for purchase from the American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org.
(1) ASME MFC-3M-2004 Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, incorporation by reference (IBR) approved for § 98.124(m)(1), § 98.324(e), § 98.354(d), § 98.354(h), § 98.344(c) and § 98.364(e).
(2) ASME MFC-4M-1986 (Reaffirmed 1997) Measurement of Gas Flow by Turbine Meters, IBR approved for § 98.124(m)(2), § 98.324(e), § 98.344(c), § 98.354(h), and § 98.364(e).
(3) ASME MFC-5M-1985 (Reaffirmed 1994) Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flow Meters, IBR approved for § 98.124(m)(3) and § 98.354(d).
(4) ASME MFC-6M-1998 Measurement of Fluid Flow in Pipes Using Vortex Flowmeters, IBR approved for § 98.124(m)(4), § 98.324(e), § 98.344(c), § 98.354(h), and § 98.364(e).
(5) ASME MFC-7M-1987 (Reaffirmed 1992) Measurement of Gas Flow by Means of Critical Flow Venturi Nozzles, IBR approved for § 98.124(m)(5), § 98.324(e), § 98.344(c), § 98.354(h), and § 98.364(e).
(6) ASME MFC-9M-1988 (Reaffirmed 2001) Measurement of Liquid Flow in Closed Conduits by Weighing Method, IBR approved for § 98.124(m)(6).
(7) ASME MFC-11M-2006 Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters, IBR approved for § 98.124(m)(7), § 98.324(e), § 98.344(c), and § 98.354(h).
(8) ASME MFC-14M-2003 Measurement of Fluid Flow Using Small Bore Precision Orifice Meters, IBR approved for § 98.124(m)(8), § 98.324(e), § 98.344(c), § 98.354(h), and § 98.364(e).
(9) ASME MFC-16-2007 Measurement of Liquid Flow in Closed Conduits with Electromagnetic Flow Meters, IBR approved for § 98.354(d).
(10) ASME MFC-18M-2001 Measurement of Fluid Flow Using Variable Area Meters, IBR approved for § 98.324(e), § 98.344(c), § 98.354(h), and § 98.364(e).
(e) The following material is available for purchase from the American Society for Testing and Material (ASTM), 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org.
(1) ASTM C25-06 Standard Test Method for Chemical Analysis of Limestone, Quicklime, and Hydrated Lime, incorporation by reference (IBR) approved for § 98.114(b), § 98.174(b), § 98.184(b), § 98.194(c), and § 98.334(b).
(2) ASTM C114-09 Standard Test Methods for Chemical Analysis of Hydraulic Cement, IBR approved for § 98.84(a), § 98.84(b), and § 98.84(c).
(3) ASTM D235-02 (Reapproved 2007) Standard Specification for Mineral Spirits (Petroleum Spirits) (Hydrocarbon Dry Cleaning Solvent), IBR approved for § 98.6.
(4) ASTM D240-02 (Reapproved 2007) Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, IBR approved for § 98.254(e).
(5) ASTM D388-05 Standard Classification of Coals by Rank, IBR approved for § 98.6.
(6) ASTM D910-07a Standard Specification for Aviation Gasolines, IBR approved for § 98.6.
(7) [Reserved]
(8) ASTM D1826-94 (Reapproved 2003) Standard Test Method for Calorific (Heating) Value of Gases in Natural Gas Range by Continuous Recording Calorimeter, IBR approved for § 98.254(e).
(9) ASTM D1836-07 Standard Specification for Commercial Hexanes, IBR approved for § 98.6.
(10) ASTM D1945-03 Standard Test Method for Analysis of Natural Gas by Gas Chromatography, IBR approved for § 98.74(c), § 98.164(b), § 98.244(b), § 98.254(d), § 98.324(d), § 98.354(g), and § 98.344(b).
(11) ASTM D1946-90 (Reapproved 2006) Standard Practice for Analysis of Reformed Gas by Gas Chromatography, IBR approved for § 98.74(c), § 98.164(b), § 98.254(d), § 98.324(d), § 98.344(b), § 98.354(g), and § 98.364(c).
(12) ASTM D2013-07 Standard Practice for Preparing Coal Samples for Analysis, IBR approved for § 98.164(b).
(13) ASTM D2234/D2234M-07 Standard Practice for Collection of a Gross Sample of Coal, IBR approved for § 98.164(b).
(14) ASTM D2502-04 Standard Test Method for Estimation of Mean Relative Molecular Mass of Petroleum Oils From Viscosity Measurements, IBR approved for § 98.74(c).
(15) ASTM D2503-92 (Reapproved 2007) Standard Test Method for Relative Molecular Mass (Molecular Weight) of Hydrocarbons by Thermoelectric Measurement of Vapor Pressure, IBR approved for § 98.74(c) and § 98.254(d)(6).
(16) ASTM D2505-88 (Reapproved 2004)e1 Standard Test Method for Ethylene, Other Hydrocarbons, and Carbon Dioxide in High-Purity Ethylene by Gas Chromatography, IBR approved for § 98.244(b).
(17) ASTM D2597-94 (Reapproved 2004) Standard Test Method for Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography, IBR approved for § 98.164(b).
(18) ASTM D3176-89 (Reapproved 2002) Standard Practice for Ultimate Analysis of Coal and Coke, IBR approved for § 98.74(c), § 98.164(b), § 98.244(b), § 98.254(i), § 98.284(c), § 98.284(d), § 98.314(c), § 98.314(d), and § 98.314(f).
(19) ASTM D3238-95 (Reapproved 2005) Standard Test Method for Calculation of Carbon Distribution and Structural Group Analysis of Petroleum Oils by the n-d-M Method, IBR approved for § 98.74(c) and § 98.164(b).
(20) ASTM D3588-98 (Reapproved 2003) Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, IBR approved for § 98.254(e).
(21) ASTM D3682-01 (Reapproved 2006) Standard Test Method for Major and Minor Elements in Combustion Residues from Coal Utilization Processes, IBR approved for § 98.144(b).
(22) ASTM D4057-06 Standard Practice for Manual Sampling of Petroleum and Petroleum Products, IBR approved for § 98.164(b).
(23) ASTM D4177-95 (Reapproved 2005) Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, IBR approved for § 98.164(b).
(24) ASTM D4809-06 Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for § 98.254(e).
(25) ASTM D4891-89 (Reapproved 2006) Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion, IBR approved for § 98.254(e) and § 98.324(d).
(26) ASTM D5291-02 (Reapproved 2007) Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, IBR approved for § 98.74(c), § 98.164(b), § 98.244(b), and § 98.254(i).
(27) ASTM D5373-08 Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Laboratory Samples of Coal, IBR approved for § 98.74(c), § 98.114(b), § 98.164(b), § 98.174(b), § 98.184(b), § 98.244(b), § 98.254(i), § 98.274(b), § 98.284(c), § 98.284(d), § 98.314(c), § 98.314(d), § 98.314(f), and § 98.334(b).
(28) [Reserved]
(29) ASTM D6060-96 (Reapproved 2001) Standard Practice for Sampling of Process Vents With a Portable Gas Chromatograph, IBR approved for § 98.244(b).
(30) ASTM D6348-03 Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, IBR approved for § 98.54(b), Table I-9 to subpart I of this part, § 98.224(b), and § 98.414(n).
(31) ASTM D6609-08 Standard Guide for Part-Stream Sampling of Coal, IBR approved for § 98.164(b).
(32) ASTM D6751-08 Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, IBR approved for § 98.6.
(33) ASTM D6866-16 Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis, approved June 1, 2016, IBR approved for §§ 98.34(d) and (e), and 98.36(e).
(34) ASTM D6883-04 Standard Practice for Manual Sampling of Stationary Coal from Railroad Cars, Barges, Trucks, or Stockpiles, IBR approved for § 98.164(b).
(35) ASTM D7430-08ae1 Standard Practice for Mechanical Sampling of Coal, IBR approved for § 98.164(b).
(36) ASTM D7459-08 Standard Practice for Collection of Integrated Samples for the Speciation of Biomass (Biogenic) and Fossil-Derived Carbon Dioxide Emitted from Stationary Emissions Sources, IBR approved for § 98.34(d), § 98.34(e), and § 98.36(e).
(37) ASTM E359-00 (Reapproved 2005)e1 Standard Test Methods for Analysis of Soda Ash (Sodium Carbonate), IBR approved for § 98.294(a) and § 98.294(b).
(38) ASTM E1019-08 Standard Test Methods for Determination of Carbon, Sulfur, Nitrogen, and Oxygen in Steel, Iron, Nickel, and Cobalt Alloys by Various Combustion and Fusion Techniques, IBR approved for § 98.174(b).
(39) [Reserved]
(40) ASTM E1915-07a Standard Test Methods for Analysis of Metal Bearing Ores and Related Materials by Combustion Infrared-Absorption Spectrometry, IBR approved for § 98.174(b).
(41) ASTM E1941-04 Standard Test Method for Determination of Carbon in Refractory and Reactive Metals and Their Alloys, IBR approved for § 98.114(b), § 98.184(b), § 98.334(b).
(42) ASTM UOP539-97 Refinery Gas Analysis by Gas Chromatography, IBR approved for § 98.164(b), § 98.244(b), § 98.254(d), § 98.324(d), § 98.344(b), and § 98.354(g).
(43) ASTM D1941-91 (Reapproved 2007) Standard Test Method for Open Channel Flow Measurement of Water with the Parshall Flume, approved June 15, 2007, IBR approved for § 98.354(d).
(44) ASTM D5614-94 (Reapproved 2008) Standard Test Method for Open Channel Flow Measurement of Water with Broad-Crested Weirs, approved October 1, 2008, IBR approved for § 98.354(d).
(45) ASTM D6349-09 Standard Test Method for Determination of Major and Minor Elements in Coal, Coke, and Solid Residues from Combustion of Coal and Coke by Inductively Coupled Plasma – Atomic Emission Spectrometry, IBR approved for § 98.144(b).
(46) ASTM D2879-97 (Reapproved 2007) Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope (ASTM D2879), approved May 1, 2007, IBR approved for § 98.128.
(47) ASTM D7359-08 Standard Test Method for Total Fluorine, Chlorine and Sulfur in Aromatic Hydrocarbons and Their Mixtures by Oxidative Pyrohydrolytic Combustion followed by Ion Chromatography Detection (Combustion Ion Chromatography-CIC) (ASTM D7359), approved October 15, 2008, IBR approved for § 98.124(e)(2).
(48) ASTM D2593-93 (Reapproved 2009) Standard Test Method for Butadiene Purity and Hydrocarbon Impurities by Gas Chromatography, approved July 1, 2009, IBR approved for § 98.244(b)(4)(xi).
(49) ASTM D7633-10 Standard Test Method for Carbon Black – Carbon Content, approved May 15, 2010, IBR approved for § 98.244(b)(4)(xii).
(f) The following material is available for purchase from the Gas Processors Association (GPA), 6526 East 60th Street, Tulsa, Oklahoma 74143, (918) 493-3872, http://www.gasprocessors.com.
(1) [Reserved]
(2) GPA 2261-00 Analysis for Natural Gas and Similar Gaseous Mixtures by Gas Chromatography, IBR approved for § 98.164(b), § 98.254(d), § 98.344(b), and § 98.354(g).
(g) The following material is available for purchase from the International Standards Organization (ISO), 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland, + 41 22 749 01 11, http://www.iso.org/iso/home.htm.
(1) ISO 3170: Petroleum liquids – Manual sampling – Third Edition 2004-02-01, IBR approved for § 98.164(b).
(2) ISO 3171: Petroleum Liquids – Automatic pipeline sampling – Second Edition 1988-12-01, IBR approved for § 98.164(b).
(3) [Reserved]
(4) ISO/CSAPR 15349-1: 1998, Unalloyed steel – Determination of low carbon content. Part 1: Infrared absorption method after combustion in an electric resistance furnace (by peak separation) (1998-10-15) – First Edition, IBR approved for § 98.174(b).
(5) ISO/CSAPR 15349-3: 1998, Unalloyed steel – Determination of low carbon content. Part 3: Infrared absorption method after combustion in an electric resistance furnace (with preheating) (1998-10-15) – First Edition, IBR approved for § 98.174(b).
(h) The following material is available for purchase from the National Lime Association (NLA), 200 North Glebe Road, Suite 800, Arlington, Virginia 22203, (703) 243-5463, http://www.lime.org.
(1) CO
(2) [Reserved]
(i) The following material is available for purchase from the National Institute of Standards and Technology (NIST), 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070, (800) 877-8339, http://www.nist.gov/index.html.
(1) Specifications, Tolerances, and Other Technical Requirements For Weighing and Measuring Devices, NIST Handbook 44 (2009), incorporation by reference (IBR) approved for § 98.244(b), § 98.254(h), and § 98.344(a).
(2) [Reserved]
(j) The following material is available for purchase from the Technical Association of the Pulp and Paper Industry (TAPPI), 15 Technology Parkway South, Norcross, GA 30092, (800) 332-8686, http://www.tappi.org.
(1) T650 om-05 Solids Content of Black Liquor, TAPPI, incorporation by reference (IBR) approved for § 98.276(c) and § 98.277(d).
(2) T684 om-06 Gross Heating Value of Black Liquor, TAPPI, incorporation by reference (IBR) approved for § 98.274(b).
(k) The following material is available for purchase from Standard Methods, at http://www.standardmethods.org, (877) 574-1233; or, through a joint publication agreement from the American Public Health Association (APHA), P.O. Box 933019, Atlanta, GA 31193-3019, (888) 320-APHA (2742), http://www.apha.org/publications/pubscontact/.
(1) Method 2540G Total, Fixed, and Volatile Solids in Solid and Semisolid Samples, IBR approved for § 98.464(b).
(2) [Reserved]
(l) The following material is available from the U.S. Department of Labor, Mine Safety and Health Administration, 1100 Wilson Boulevard, 21st Floor, Arlington, VA 22209-3939, (202) 693-9400, http://www.msha.gov.
(1) PH16-V-1, Coal Mine Safety and Health General Inspection Procedures Handbook, June 2016, IBR approved for § 98.324(b).
(2) [Reserved]
(m) The following material is available from the U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
(1) NPDES Compliance Inspection Manual, Chapter 5, Sampling, EPA 305-X-04-001, July 2004, http://www.epa.gov/compliance/monitoring/programs/cwa/npdes.html, IBR approved for § 98.354(c).
(2) U.S. EPA NPDES Permit Writers’ Manual, Section 7.1.3, Sample Collection Methods, EPA 833-B-96-003, December 1996, http://www.epa.gov/npdes/pubs/owm0243.pdf, IBR approved for § 98.354(c).
(3) Protocol for Measuring Destruction or Removal Efficiency (DRE) of Fluorinated Greenhouse Gas Abatement Equipment in Electronics Manufacturing, Version 1, EPA-430-R-10-003, March 2010 (EPA 430-R-10-003), http://www.epa.gov/semiconductor-pfc/documents/dre_protocol.pdf, IBR approved for § 98.94(f)(4)(i), § 98.94(g)(3), § 98.97(d)(4), § 98.98, Appendix A to subpart I of this part, § 98.124(e)(2), and § 98.414(n)(1).
(4) Emissions Inventory Improvement Program, Volume II: Chapter 16, Methods for Estimating Air Emissions from Chemical Manufacturing Facilities, August 2007, Final, http://www.epa.gov/ttnchie1/eiip/techreport/volume02/index.html, IBR approved for § 98.123(c)(1)(i)(A).
(5) Protocol for Equipment Leak Emission Estimates, EPA-453/R-95-017, November 1995 (EPA-453/R-95-017), http://www.epa.gov/ttnchie1/efdocs/equiplks.pdf, IBR approved for § 98.123(d)(1)(i), § 98.123(d)(1)(ii), § 98.123(d)(1)(iii), and § 98.124(f)(2).
(6) Tracer Gas Protocol for the Determination of Volumetric Flow Rate Through the Ring Pipe of the Xact Multi-Metals Monitoring System, also known as Other Test Method 24 (Tracer Gas Protocol), Eli Lilly and Company Tippecanoe Laboratories, September 2006, http://www.epa.gov/ttn/emc/prelim/otm24.pdf, IBR approved for § 98.124(e)(1)(ii).
(7) Approved Alternative Method 012: An Alternate Procedure for Stack Gas Volumetric Flow Rate Determination (Tracer Gas) (ALT-012), U.S. Environmental Protection Agency Emission Measurement Center, May 23, 1994, http://www.epa.gov/ttn/emc/approalt/alt-012.pdf, IBR approved for § 98.124(e)(1)(ii).
(8) Protocol for Measurement of Tetrafluoromethane (CF
(9) AP 42, Section 5.2, Transportation and Marketing of Petroleum Liquids, July 2008, (AP 42, Section 5.2); http://www.epa.gov/ttn/chief/ap42/ch05/final/c05s02.pdf; in Chapter 5, Petroleum Industry, of AP 42, Compilation of Air Pollutant Emission Factors, 5th Edition, Volume I, IBR approved for § 98.253(n).
(10) Method 9060A, Total Organic Carbon, Revision 1, November 2004 (Method 9060A), http://www.epa.gov/osw/hazard/testmethods/sw846/pdfs/9060a.pdf; in EPA Publication No. SW-846, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, IBR approved for § 98.244(b)(4)(viii).
(11) Method 8031, Acrylonitrile By Gas Chromatography, Revision 0, September 1994 (Method 8031), http://www.epa.gov/osw/hazard/testmethods/sw846/pdfs/8031.pdf; in EPA Publication No. SW-846, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, IBR approved for § 98.244(b)(4)(viii).
(12) Method 8021B, Aromatic and Halogenated Volatiles By Gas Chromatography Using Photoionization and/or Electrolytic Conductivity Detectors, Revision 2, December 1996 (Method 8021B). http://www.epa.gov/osw/hazard/testmethods/sw846/pdfs/8021b.pdf; in EPA Publication No. SW-846, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, IBR approved for § 98.244(b)(4)(viii).
(13) Method 8015C, Nonhalogenated Organics By Gas Chromatography, Revision 3, February 2007 (Method 8015C). http://www.epa.gov/osw/hazard/testmethods/sw846/pdfs/8015c.pdf; in EPA Publication No. SW-846, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, IBR approved for § 98.244(b)(4)(viii).
(14) AP 42, Section 7.1, Organic Liquid Storage Tanks, November 2006 (AP 42, Section 7.1), http://www.epa.gov/ttn/chief/ap42/ch07/final/c07s01.pdf; in Chapter 7, Liquid Storage Tanks, of AP 42, Compilation of Air Pollutant Emission Factors, 5th Edition, Volume I, IBR approved for § 98.253(m)(1) and § 98.256(o)(2)(i).
(n)-(o) [Reserved]
(p) The following material is available for purchase from the American Association of Petroleum Geologists, 1444 South Boulder Avenue, Tulsa, Oklahoma 74119, (918) 584-2555, http://www.aapg.org.
(1) Geologic Note: AAPG-CSD Geologic Provinces Code Map: AAPG Bulletin, Prepared by Richard F. Meyer, Laure G. Wallace, and Fred J. Wagner, Jr., Volume 75, Number 10 (October 1991), pages 1644-1651, IBR approved for § 98.238.
(2) Alaska Geological Province Boundary Map, Compiled by the American Association of Petroleum Geologists Committee on Statistics of Drilling in cooperation with the USGS, 1978, IBR approved for § 98.238.
(q) The following material is available from the Energy Information Administration (EIA), 1000 Independence Ave., SW., Washington, DC 20585, (202) 586-8800, http://www.eia.doe.gov/pub/oil_gas/natural_gas/data_publications/field_code_master_list/current/pdf/fcml_all.pdf.
(1) Oil and Gas Field Code Master List 2008, DOE/EIA0370(08), January 2009, IBR approved for § 98.238.
(2) [Reserved]
§ 98.8 What are the compliance and enforcement provisions of this part?
Any violation of any requirement of this part shall be a violation of the Clean Air Act, including section 114 (42 U.S.C. 7414). A violation includes but is not limited to failure to report GHG emissions, failure to collect data needed to calculate GHG emissions, failure to continuously monitor and test as required, failure to retain records needed to verify the amount of GHG emissions, and failure to calculate GHG emissions following the methodologies specified in this part. Each day of a violation constitutes a separate violation.
§ 98.9 Addresses.
All requests, notifications, and communications to the Administrator pursuant to this part must be submitted electronically and in a format as specified by the Administrator. For example, any requests, notifications and communications that can be submitted through the electronic GHG reporting tool, must be submitted through that tool. If not specified, requests, notifications or communications shall be submitted to the following address:
(a) For U.S. mail. Director, Climate Change Division, 1200 Pennsylvania Ave., NW., Mail Code: 6207J, Washington, DC 20460.
(b) For package deliveries. Director, Climate Change Division, 1310 L St, NW., Washington, DC 20005.
Table A-1 to Subpart A of Part 98 – Global Warming Potentials
[100-Year Time Horizon]
| Name | CAS No. | Chemical formula | Global warming potential (100 yr.) |
|---|---|---|---|
| Carbon dioxide | 124-38-9 | CO | 1 |
| Methane | 74-82-8 | CH | a 25 |
| Nitrous oxide | 10024-97-2 | N | a 298 |
| Sulfur hexafluoride | 2551-62-4 | SF | a 22,800 |
| Trifluoromethyl sulphur pentafluoride | 373-80-8 | SF | 17,700 |
| Nitrogen trifluoride | 7783-54-2 | NF | 17,200 |
| PFC-14 (Perfluoromethane) | 75-73-0 | CF | a 7,390 |
| PFC-116 (Perfluoroethane) | 76-16-4 | C | a 12,200 |
| PFC-218 (Perfluoropropane) | 76-19-7 | C | a 8,830 |
| Perfluorocyclopropane | 931-91-9 | C-C | 17,340 |
| PFC-3-1-10 (Perfluorobutane) | 355-25-9 | C | a 8,860 |
| PFC-318 (Perfluorocyclobutane) | 115-25-3 | C-C | a 10,300 |
| PFC-4-1-12 (Perfluoropentane) | 678-26-2 | C | a 9,160 |
| PFC-5-1-14 (Perfluorohexane, FC-72) | 355-42-0 | C | a 9,300 |
| PFC-6-1-12 | 335-57-9 | C | b 7,820 |
| PFC-7-1-18 | 307-34-6 | C | b 7,620 |
| PFC-9-1-18 | 306-94-5 | C | 7,500 |
| PFPMIE (HT-70) | NA | CF | 10,300 |
| Perfluorodecalin (cis) | 60433-11-6 | Z-C | b 7,236 |
| Perfluorodecalin (trans) | 60433-12-7 | E-C | b 6,288 |
| HFC-23 | 75-46-7 | CHF | a 14,800 |
| HFC-32 | 75-10-5 | CH | a 675 |
| HFC-125 | 354-33-6 | C | a 3,500 |
| HFC-134 | 359-35-3 | C | a 1,100 |
| HFC-134a | 811-97-2 | CH | a 1,430 |
| HFC-227ca | 2252-84-8 | CF | b 2640 |
| HFC-227ea | 431-89-0 | C | a 3,220 |
| HFC-236cb | 677-56-5 | CH | 1,340 |
| HFC-236ea | 431-63-0 | CHF | 1,370 |
| HFC-236fa | 690-39-1 | C | a 9,810 |
| HFC-329p | 375-17-7 | CHF | b 2360 |
| HFC-43-10mee | 138495-42-8 | CF | a 1,640 |
| HFC-41 | 593-53-3 | CH | a 92 |
| HFC-143 | 430-66-0 | C | a 353 |
| HFC-143a | 420-46-2 | C | a 4,470 |
| HFC-152 | 624-72-6 | CH | 53 |
| HFC-152a | 75-37-6 | CH | a 124 |
| HFC-161 | 353-36-6 | CH | 12 |
| HFC-245ca | 679-86-7 | C | a 693 |
| HFC-245cb | 1814-88-6 | CF | b 4620 |
| HFC-245ea | 24270-66-4 | CHF | b 235 |
| HFC-245eb | 431-31-2 | CH | b 290 |
| HFC-245fa | 460-73-1 | CHF | 1,030 |
| HFC-263fb | 421-07-8 | CH | b 76 |
| HFC-272ca | 420-45-1 | CH | b 144 |
| HFC-365mfc | 406-58-6 | CH | 794 |
| HFE-125 | 3822-68-2 | CHF | 14,900 |
| HFE-227ea | 2356-62-9 | CF | 1,540 |
| HFE-329mcc2 | 134769-21-4 | CF | 919 |
| HFE-329me3 | 428454-68-6 | CF | b 4,550 |
| 1,1,1,2,2,3,3-Heptafluoro-3-(1,2,2,2-tetrafluoroethoxy)-propane | 3330-15-2 | CF | b 6,490 |
| HFE-134 (HG-00) | 1691-17-4 | CHF | 6,320 |
| HFE-236ca | 32778-11-3 | CHF | b 4,240 |
| HFE-236ca12 (HG-10) | 78522-47-1 | CHF | 2,800 |
| HFE-236ea2 (Desflurane) | 57041-67-5 | CHF | 989 |
| HFE-236fa | 20193-67-3 | CF | 487 |
| HFE-338mcf2 | 156053-88-2 | CF | 552 |
| HFE-338mmz1 | 26103-08-2 | CHF | 380 |
| HFE-338pcc13 (HG-01) | 188690-78-0 | CHF | 1,500 |
| HFE-43-10pccc (H-Galden 1040x, HG-11) | E1730133 | CHF | 1,870 |
| HCFE-235ca2 (Enflurane) | 13838-16-9 | CHF | b 583 |
| HCFE-235da2 (Isoflurane) | 26675-46-7 | CHF | 350 |
| HG-02 | 205367-61-9 | HF | b 3,825 |
| HG-03 | 173350-37-3 | HF | b 3,670 |
| HG-20 | 249932-25-0 | HF | b 5,300 |
| HG-21 | 249932-26-1 | HF | b 3,890 |
| HG-30 | 188690-77-9 | HF | b 7,330 |
| 1,1,3,3,4,4,6,6,7,7,9,9,10,10,12,12,13,13,15,15-eicosafluoro-2,5,8,11,14-Pentaoxapentadecane | 173350-38-4 | HCF | b 3,630 |
| 1,1,2-Trifluoro-2-(trifluoromethoxy)-ethane | 84011-06-3 | CHF | b 1,240 |
| Trifluoro(fluoromethoxy)methane | 2261-01-0 | CH | b 751 |
| HFE-143a | 421-14-7 | CH | 756 |
| HFE-245cb2 | 22410-44-2 | CH | 708 |
| HFE-245fa1 | 84011-15-4 | CHF | 286 |
| HFE-245fa2 | 1885-48-9 | CHF | 659 |
| HFE-254cb2 | 425-88-7 | CH | 359 |
| HFE-263fb2 | 460-43-5 | CF | 11 |
| HFE-263m1; R-E-143a | 690-22-2 | CF | b 29 |
| HFE-347mcc3 (HFE-7000) | 375-03-1 | CH | 575 |
| HFE-347mcf2 | 171182-95-9 | CF | 374 |
| HFE-347mmy1 | 22052-84-2 | CH | 343 |
| HFE-347mmz1 (Sevoflurane) | 28523-86-6 | (CF | c 216 |
| HFE-347pcf2 | 406-78-0 | CHF | 580 |
| HFE-356mec3 | 382-34-3 | CH | 101 |
| HFE-356mff2 | 333-36-8 | CF | b 17 |
| HFE-356mmz1 | 13171-18-1 | (CF | 27 |
| HFE-356pcc3 | 160620-20-2 | CH | 110 |
| HFE-356pcf2 | 50807-77-7 | CHF | 265 |
| HFE-356pcf3 | 35042-99-0 | CHF | 502 |
| HFE-365mcf2 | 22052-81-9 | CF | b 58 |
| HFE-365mcf3 | 378-16-5 | CF | 11 |
| HFE-374pc2 | 512-51-6 | CH | 557 |
| HFE-449s1 (HFE-7100) Chemical blend | 163702-07-6 | C | 297 |
| 163702-08-7 | (CF | ||
| HFE-569sf2 (HFE-7200) Chemical blend | 163702-05-4 | C | 59 |
| 163702-06-5 | (CF | ||
| HG’-01 | 73287-23-7 | CH | b 222 |
| HG’-02 | 485399-46-0 | CH | b 236 |
| HG’-03 | 485399-48-2 | CH | b 221 |
| Difluoro(methoxy)methane | 359-15-9 | CH | b 144 |
| 2-Chloro-1,1,2-trifluoro-1-methoxyethane | 425-87-6 | CH | b 122 |
| 1-Ethoxy-1,1,2,2,3,3,3-heptafluoropropane | 22052-86-4 | CF | b 61 |
| 2-Ethoxy-3,3,4,4,5-pentafluorotetrahydro-2,5-bis[1,2,2,2-tetrafluoro-1-(trifluoromethyl)ethyl]-furan | 920979-28-8 | C | b 56 |
| 1-Ethoxy-1,1,2,3,3,3-hexafluoropropane | 380-34-7 | CF | b 23 |
| Fluoro(methoxy)methane | 460-22-0 | CH | b 13 |
| 1,1,2,2-Tetrafluoro-3-methoxy-propane; Methyl 2,2,3,3-tetrafluoropropyl ether | 60598-17-6 | CHF | b 0.5 |
| 1,1,2,2-Tetrafluoro-1-(fluoromethoxy)ethane | 37031-31-5 | CH | b 871 |
| Difluoro(fluoromethoxy)methane | 461-63-2 | CH | b 617 |
| Fluoro(fluoromethoxy)methane | 462-51-1 | CH | b 130 |
| Trifluoromethyl formate | 85358-65-2 | HCOOCF | b 588 |
| Perfluoroethyl formate | 313064-40-3 | HCOOCF | b 580 |
| 1,2,2,2-Tetrafluoroethyl formate | 481631-19-0 | HCOOCHFCF | b 470 |
| Perfluorobutyl formate | 197218-56-7 | HCOOCF | b 392 |
| Perfluoropropyl formate | 271257-42-2 | HCOOCF | b 376 |
| 1,1,1,3,3,3-Hexafluoropropan-2-yl formate | 856766-70-6 | HCOOCH(CF | b 333 |
| 2,2,2-Trifluoroethyl formate | 32042-38-9 | HCOOCH | b 33 |
| 3,3,3-Trifluoropropyl formate | 1344118-09-7 | HCOOCH | b 17 |
| Methyl 2,2,2-trifluoroacetate | 431-47-0 | CF | b 52 |
| 1,1-Difluoroethyl 2,2,2-trifluoroacetate | 1344118-13-3 | CF | b 31 |
| Difluoromethyl 2,2,2-trifluoroacetate | 2024-86-4 | CF | b 27 |
| 2,2,2-Trifluoroethyl 2,2,2-trifluoroacetate | 407-38-5 | CF | b 7 |
| Methyl 2,2-difluoroacetate | 433-53-4 | HCF | b 3 |
| Perfluoroethyl acetate | 343269-97-6 | CH | b 2.1 |
| Trifluoromethyl acetate | 74123-20-9 | CH | b 2.0 |
| Perfluoropropyl acetate | 1344118-10-0 | CH | b 1.8 |
| Perfluorobutyl acetate | 209597-28-4 | CH | b 1.6 |
| Ethyl 2,2,2-trifluoroacetate | 383-63-1 | CF | b 1.3 |
| Methyl carbonofluoridate | 1538-06-3 | FCOOCH | b 95 |
| 1,1-Difluoroethyl carbonofluoridate | 1344118-11-1 | FCOOCF | b 27 |
| Bis(trifluoromethyl)-methanol | 920-66-1 | (CF | 195 |
| (Octafluorotetramethy-lene) hydroxymethyl group | NA | X-(CF | 73 |
| 2,2,3,3,3-Pentafluoropropanol | 422-05-9 | CF | 42 |
| 2,2,3,3,4,4,4-Heptafluorobutan-1-ol | 375-01-9 | C | b 25 |
| 2,2,2-Trifluoroethanol | 75-89-8 | CF | b 20 |
| 2,2,3,4,4,4-Hexafluoro-1-butanol | 382-31-0 | CF | b 17 |
| 2,2,3,3-Tetrafluoro-1-propanol | 76-37-9 | CHF | b 13 |
| 2,2-Difluoroethanol | 359-13-7 | CHF | b 3 |
| 2-Fluoroethanol | 371-62-0 | CH | b 1.1 |
| 4,4,4-Trifluorobutan-1-ol | 461-18-7 | CF | b 0.05 |
| PFC-1114; TFE | 116-14-3 | CF | b 0.004 |
| PFC-1216; Dyneon HFP | 116-15-4 | C | b 0.05 |
| PFC C-1418 | 559-40-0 | c-C | b 1.97 |
| Perfluorobut-2-ene | 360-89-4 | CF | b 1.82 |
| Perfluorobut-1-ene | 357-26-6 | CF | b 0.10 |
| Perfluorobuta-1,3-diene | 685-63-2 | CF | b 0.003 |
| HFC-1132a; VF2 | 75-38-7 | C | b 0.04 |
| HFC-1141; VF | 75-02-5 | C | b 0.02 |
| (E)-HFC-1225ye | 5595-10-8 | CF | b 0.06 |
| (Z)-HFC-1225ye | 5528-43-8 | CF | b 0.22 |
| Solstice 1233zd(E) | 102687-65-0 | C | b 1.34 |
| HFC-1234yf; HFO-1234yf | 754-12-1 | C | b 0.31 |
| HFC-1234ze(E) | 1645-83-6 | C | b 0.97 |
| HFC-1234ze(Z) | 29118-25-0 | C | b 0.29 |
| HFC-1243zf; TFP | 677-21-4 | C | b 0.12 |
| (Z)-HFC-1336 | 692-49-9 | CF | b 1.58 |
| HFC-1345zfc | 374-27-6 | C | b 0.09 |
| Capstone 42-U | 19430-93-4 | C | b 0.16 |
| Capstone 62-U | 25291-17-2 | C | b 0.11 |
| Capstone 82-U | 21652-58-4 | C | b 0.09 |
| PMVE; HFE-216 | 1187-93-5 | CF | b 0.17 |
| Fluoroxene | 406-90-6 | CF | b 0.05 |
| 3,3,3-Trifluoro-propanal | 460-40-2 | CF | b 0.01 |
| Novec 1230 (perfluoro (2-methyl-3-pentanone)) | 756-13-8 | CF | b 0.1 |
| 3,3,4,4,5,5,6,6,7,7,7-Undecafluoroheptan-1-ol | 185689-57-0 | CF | b 0.43 |
| 3,3,3-Trifluoropropan-1-ol | 2240-88-2 | CF | b 0.35 |
| 3,3,4,4,5,5,6,6,7,7,8,8,9,9,9-Pentadecafluorononan-1-ol | 755-02-2 | CF | b 0.33 |
| 3,3,4,4,5,5,6,6,7,7,8,8,9,9,10,10,11,11,11-Nonadecafluoroundecan-1-ol | 87017-97-8 | CF | b 0.19 |
| Trifluoroiodomethane | 2314-97-8 | CF | b 0.4 |
| Dibromodifluoromethane (Halon 1202) | 75-61-6 | CBR | b 231 |
| 2-Bromo-2-chloro-1,1,1-trifluoroethane (Halon-2311/Halothane) | 151-67-7 | CHBrClCF | b 41 |
| Fluorinated GHG Group d | Global warming potential (100 yr.) |
|---|---|
| Fully fluorinated GHGs | 10,000 |
| Saturated hydrofluorocarbons (HFCs) with 2 or fewer carbon-hydrogen bonds | 3,700 |
| Saturated HFCs with 3 or more carbon-hydrogen bonds | 930 |
| Saturated hydrofluoroethers (HFEs) and hydrochlorofluoroethers (HCFEs) with 1 carbon-hydrogen bond | 5,700 |
| Saturated HFEs and HCFEs with 2 carbon-hydrogen bonds | 2,600 |
| Saturated HFEs and HCFEs with 3 or more carbon-hydrogen bonds | 270 |
| Fluorinated formates | 350 |
| Fluorinated acetates, carbonofluoridates, and fluorinated alcohols other than fluorotelomer alcohols | 30 |
| Unsaturated perfluorocarbons (PFCs), unsaturated HFCs, unsaturated hydrochlorofluorocarbons (HCFCs), unsaturated halogenated ethers, unsaturated halogenated esters, fluorinated aldehydes, and fluorinated ketones | 1 |
| Fluorotelomer alcohols | 1 |
| Fluorinated GHGs with carbon-iodine bond(s) | 1 |
| Other fluorinated GHGs | 2,000 |
a The GWP for this compound was updated in the final rule published on November 29, 2013 [78 FR 71904] and effective on January 1, 2014.
b This compound was added to Table A-1 in the final rule published on December 11, 2014, and effective on January 1, 2015.
c The GWP for this compound was updated in the final rule published on December 11, 2014, and effective on January 1, 2015 .
d For electronics manufacturing (as defined in § 98.90), the term “fluorinated GHGs” in the definition of each fluorinated GHG group in § 98.6 shall include fluorinated heat transfer fluids (as defined in § 98.98), whether or not they are also fluorinated GHGs.
Table A-2 to Subpart A of Part 98 – Units of Measure Conversions
| To convert from | To | Multiply by |
|---|---|---|
| Kilograms (kg) | Pounds (lbs) | 2.20462 |
| Pounds (lbs) | Kilograms (kg) | 0.45359 |
| Pounds (lbs) | Metric tons | 4.53592 × 10 |
| Short tons | Pounds (lbs) | 2,000 |
| Short tons | Metric tons | 0.90718 |
| Metric tons | Short tons | 1.10231 |
| Metric tons | Kilograms (kg) | 1,000 |
| Cubic meters (m 3) | Cubic feet (ft 3) | 35.31467 |
| Cubic feet (ft 3) | Cubic meters (m 3) | 0.028317 |
| Gallons (liquid, US) | Liters (l) | 3.78541 |
| Liters (l) | Gallons (liquid, US) | 0.26417 |
| Barrels of Liquid Fuel (bbl) | Cubic meters (m 3) | 0.15891 |
| Cubic meters (m 3) | Barrels of Liquid Fuel (bbl) | 6.289 |
| Barrels of Liquid Fuel (bbl) | Gallons (liquid, US) | 42 |
| Gallons (liquid, US) | Barrels of Liquid Fuel (bbl) | 0.023810 |
| Gallons (liquid, US) | Cubic meters (m 3) | 0.0037854 |
| Liters (l) | Cubic meters (m 3) | 0.001 |
| Feet (ft) | Meters (m) | 0.3048 |
| Meters (m) | Feet (ft) | 3.28084 |
| Miles (mi) | Kilometers (km) | 1.60934 |
| Kilometers (km) | Miles (mi) | 0.62137 |
| Square feet (ft 2) | Acres | 2.29568 × 10 |
| Square meters (m 2) | Acres | 2.47105 × 10 |
| Square miles (mi 2) | Square kilometers (km 2) | 2.58999 |
| Degrees Celsius (°C) | Degrees Fahrenheit (°F) | °C = ( |
| Degrees Fahrenheit (°F) | Degrees Celsius (°C) | °F = ( |
| Degrees Celsius (°C) | Kelvin (K) | K = °C + 273.15 |
| Kelvin (K) | Degrees Rankine (°R) | 1.8 |
| Joules | Btu | 9.47817 × 10 |
| Btu | MMBtu | 1 × 10 |
| Pascals (Pa) | Inches of Mercury (in Hg) | 2.95334 × 10 |
| Inches of Mercury (inHg) | Pounds per square inch (psi) | 0.49110 |
| Pounds per square inch (psi) | Inches of Mercury (in Hg) | 2.03625 |
Table A-3 to Subpart A of Part 98 – Source Category List for § 98.2(a )(1)
Source Category List for § 98.2(
| Source Categories a Applicable in Reporting Year 2010 and Future Years |
| Electricity generation units that report CO |
| Adipic acid production (subpart E). |
| Aluminum production (subpart F). |
| Ammonia manufacturing (subpart G). |
| Cement production (subpart H). |
| HCFC-22 production (subpart O). |
| HFC-23 destruction processes that are not collocated with a HCFC-22 production facility and that destroy more than 2.14 metric tons of HFC-23 per year (subpart O). |
| Lime manufacturing (subpart S). |
| Nitric acid production (subpart V). |
| Petrochemical production (subpart X). |
| Petroleum refineries (subpart Y). |
| Phosphoric acid production (subpart Z). |
| Silicon carbide production (subpart BB). |
| Soda ash production (subpart CC). |
| Titanium dioxide production (subpart EE). |
| Municipal solid waste landfills that generate CH |
| Manure management systems with combined CH |
| Additional Source Categories a Applicable in Reporting Year 2011 and Future Years |
| Electrical transmission and distribution equipment use at facilities where the total nameplate capacity of SF |
| Underground coal mines liberating 36,500,000 actual cubic feet of CH |
| Geologic sequestration of carbon dioxide (subpart RR). |
| Electrical transmission and distribution equipment manufacture or refurbishment (subpart SS). |
| Injection of carbon dioxide (subpart UU). |
a Source categories are defined in each applicable subpart.
Table A-4 to Subpart A of Part 98 – Source Category List for § 98.2(a )(2)
| Source Categories a Applicable in Reporting Year 2010 and Future Years |
| Ferroalloy production (subpart K). |
| Glass production (subpart N). |
| Hydrogen production (subpart P). |
| Iron and steel production (subpart Q). |
| Lead production (subpart R). |
| Pulp and paper manufacturing (subpart AA). |
| Zinc production (subpart GG). |
| Additional Source Categories a Applicable in Reporting Year 2011 and Future Years |
| Electronics manufacturing (subpart I) |
| Fluorinated gas production (subpart L) |
| Magnesium production (subpart T). |
| Petroleum and Natural Gas Systems (subpart W) |
| Industrial wastewater treatment (subpart II). |
| Industrial waste landfills (subpart TT). |
a Source categories are defined in each applicable subpart.
Table A-5 to Subpart A of Part 98 – Supplier Category List for § 98.2(a )(4)
| Supplier Categories a Applicable in Reporting Year 2010 and Future Years |
| Coal-to-liquids suppliers (subpart LL): |
| (A) All producers of coal-to-liquid products. |
| (B) Importers of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO |
| (C) Exporters of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO |
| Petroleum product suppliers (subpart MM): |
| (A) All petroleum refineries that distill crude oil. |
| (B) Importers of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO |
| (C) Exporters of an annual quantity of petroleum products and natural gas liquids that is equivalent to 25,000 metric tons CO |
| Natural gas and natural gas liquids suppliers (subpart NN): |
| (A) All fractionators. |
| (B) Local natural gas distribution companies that deliver 460,000 thousand standard cubic feet or more of natural gas per year. |
| Industrial greenhouse gas suppliers (subpart OO): |
| (A) All producers of industrial greenhouse gases. |
| (B) Importers of industrial greenhouse gases with annual bulk imports of N |
| (C) Exporters of industrial greenhouse gases with annual bulk exports of N |
| (D) Starting with reporting year 2018, all producers of fluorinated heat transfer fluids. |
| (E) Starting with reporting year 2018, importers of fluorinated heat transfer fluids with annual bulk imports of N |
| (F) Starting with reporting year 2018, exporters of fluorinated heat transfer fluids with annual bulk exports of N |
| (G) Starting with reporting year 2018, facilities that destroy 25,000 mtCO |
| Carbon dioxide suppliers (subpart PP): |
| (A) All producers of CO |
| (B) Importers of CO |
| (C) Exporters of CO |
| Additional Supplier Categories Applicable a in Reporting Year 2011 and Future Years |
| Importers and exporters of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams (subpart QQ): |
| (A) Importers of an annual quantity of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams that is equivalent to 25,000 metric tons CO |
| (B) Exporters of an annual quantity of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams that is equivalent to 25,000 metric tons CO |
a Suppliers are defined in each applicable subpart.
Table A-6 to Subpart A of Part 98 – Data Elements That Are Inputs to Emission Equations and for Which the Reporting Deadline Is March 31, 2013
| Subpart | Rule citation (40 CFR part 98) | Specific data elements for which reporting date is March 31, 2013 (“All” means all data elements in the cited paragraph are not required to be reported until March 31, 2013) |
|---|---|---|
| C | 98.36(d)(1)(iv) | All. |
| C | 98.36(d)(2)(ii)(G) | All. |
| C | 98.36(d)(2)(iii)(G) | All. |
| C | 98.36(e)(2)(iv)(G) | All. |
| C | 98.36(e)(2)(viii)(A) | All. |
| C | 98.36(e)(2)(viii)(B) | All. |
| C | 98.36(e)(2)(viii)(C) | All. |
| C | 98.36(e)(2)(x)(A) | All. |
| C | 98.36(e)(2)(xi) | All. |
| DD | 98.306(a)(2) | All. |
| DD | 98.306(a)(3) | All. |
| DD | 98.306(d) | All. |
| DD | 98.306(e) | All. |
| DD | 98.306(f) | All. |
| DD | 98.306(g) | All. |
| DD | 98.306(h) | All. |
| DD | 98.306(i) | All. |
| DD | 98.306(j) | All. |
| DD | 98.306(k) | All. |
| DD | 98.306(l) | All. |
| FF | 98.326(a) | All. |
| FF | 98.326(b) | All. |
| FF | 98.326(c) | All. |
| FF | 98.326(f) | Only quarterly volumetric flow rate. |
| FF | 98.326(g) | Only quarterly CH |
| FF | 98.326(h) | Only weekly volumetric flow used to calculate CH |
| FF | 98.326(j) | All. |
| FF | 98.326(k) | All. |
| FF | 98.326(o) | All. |
| FF | 98.326(p) | Only assumed destruction efficiency for the primary destruction device and assumed destruction efficiency for the backup destruction device. |
| HH | 98.346(a) | Only year in which landfill first accepted waste, last year the landfill accepted waste (if used as an input in Equation HH-3), capacity of the landfill (if used as an input in Equation HH-3), and waste disposal quantity for each year of landfilling. |
| HH | 98.346(b) | Only quantity of waste determined using the methods in § 98.343(a)(3)(i), quantity of waste determined using the methods in § 98.343(a)(3)(ii), population served by the landfill for each year, and the value of landfill capacity (LFC) used in the calculation. |
| HH | 98.346(c) | All. |
| HH | 98.346(d)(1) | Only degradable organic carbon (DOC) value, and fraction of DOC dissimilated (DOCF) values. |
| HH | 98.346(d)(2) | All. |
| HH | 98.346(e) | Only fraction of CH |
| HH | 98.346(f) | Only surface area associated with each cover type. |
| HH | 98.346(g) | All. |
| HH | 98.346(i)(5) | Only annual operating hours for the destruction devices located at the landfill facility, and the destruction efficiency for the destruction devices associated with that measurement location. |
| HH | 98.346(i)(6) | All. |
| HH | 98.346(i)(7) | Only surface area specified in Table HH-3, estimated gas collection system efficiency, and annual operating hours of the gas collection system for each measurement locations. |
| HH | 98.346(i)(9) | Only CH |
| II | 98.356(b)(1) | All. |
| II | 98.356(b)(2) | All. |
| II | 98.356(b)(3) | All. |
| II | 98.356(b)(4) | All. |
| II | 98.356(b)(5) | All. |
| II | 98.356(d)(1) | All. |
| II | 98.356(d)(7) | All. |
| II | 98.356(d)(8) | Only annual operating hours for the primary destruction device, annual operating hours for the backup destruction device, destruction efficiency of the primary destruction device, and destruction efficiency of the backup destruction device. |
| SS | 98.456(a) | All. |
| SS | 98.456(b) | All. |
| SS | 98.456(c) | All. |
| SS | 98.456(d) | All. |
| SS | 98.456(e) | All. |
| SS | 98.456(f) | All. |
| SS | 98.456(g) | All. |
| SS | 98.456(h) | All. |
| SS | 98.456(i) | All. |
| SS | 98.456(j) | All. |
| SS | 98.456(m) | All. |
| SS | 98.456(n) | All. |
| SS | 98.456(o) | All. |
| SS | 98.456(q) | All. |
| SS | 98.456(r) | All. |
| SS | 98.456(s) | All. |
| SS | 98.456(t) | Only for any missing data the substitute parameters used to estimate emissions in their absence. |
| TT | 98.466(a)(2) | All. |
| TT | 98.466(a)(3) | Only last year the landfill accepted waste (for closed landfills using Equation TT-4). |
| TT | 98.466(a)(4) | Only capacity of the landfill in metric tons (for closed landfills using Equation TT-4). |
| TT | 98.466(b)(3) | Only fraction of CH |
| TT | 98.466(b)(4) | Only the methane correction factor (MCF) value used in the calculations. |
| TT | 98.466(c)(4)(i) | All. |
| TT | 98.466(c)(4)(ii) | All. |
| TT | 98.466(c)(4)(iii) | All. |
| TT | 98.466(d)(2) | All. |
| TT | 98.466(d)(3) | Only degradable organic carbon (DOCx) value for each waste stream used in calculations. |
| TT | 98.466(e)(2) | Only surface area (in square meters) at the start of the reporting year for the landfill sections that contain waste and that are associated with the selected cover type (for facilities using a landfill gas collection system). |
| TT | 98.466(f) | All. |
Table A-7 to Subpart A of Part 98 – Data Elements That Are Inputs to Emission Equations and for Which the Reporting Deadline Is March 31, 2015
| Subpart | Rule citation (40 CFR part 98) | Specific data elements for which reporting date is March 31, 2015 (“All” means all data elements in the cited paragraph are not required to be reported until March 31, 2015) |
|---|---|---|
| A | 98.3(d)(3)(v) | All. a |
| C | 98.36(b)(9)(iii) | Only estimate of the heat input. a |
| C | 98.36(c)(2)(ix) | Only estimate of the heat input from each type of fuel listed in Table C-2. a |
| C | 98.36(e)(2)(i) | All. a |
| C | 98.36(e)(2)(ii)(A) | All. a |
| C | 98.36(e)(2)(ii)(C) | Only HHV value for each calendar month in which HHV determination is required. a |
| C | 98.36(e)(2)(ii)(D) | All. a |
| C | 98.36(e)(2)(iv)(A) | All. a |
| C | 98.36(e)(2)(iv)(C) | All. a |
| C | 98.36(e)(2)(iv)(F) | All. a |
| C | 98.36(e)(2)(ix)(D) | All. a |
| C | 98.36(e)(2)(ix)(E) | All. a |
| C | 98.36(e)(2)(ix)(F) | All. a |
| E | 98.56(g) | All. |
| E | 98.56(h) | All. |
| E | 98.56(j)(4) | All. |
| E | 98.56(j)(5) | All. |
| E | 98.56(j)(6) | All. |
| E | 98.56(l) | All. |
| H | 98.86(b)(11) | All. |
| H | 98.86(b)(13) | Name of raw kiln feed or raw material. |
| O | 98.156(d)(2) | All. |
| O | 98.156(d)(3) | All. |
| O | 98.156(d)(4) | All. |
| Q | 98.176(f)(1) | All. |
| W | 98.236(c)(1)(i) | All. |
| W | 98.236(c)(1)(ii) | All. |
| W | 98.236(c)(1)(iii) | All. |
| W | 98.236(c)(2)(i) | All. |
| W | 98.236(c)(3)(i) | All. |
| W | 98.236(c)(3)(ii) | Only Calculation Methodology 2. |
| W | 98.236(c)(3)(iii) | All. |
| W | 98.236(c)(3)(iv) | All. |
| W | 98.236(c)(4)(i)(A) | All. |
| W | 98.236(c)(4)(i)(B) | All. |
| W | 98.236(c)(4)(i)(C) | All. |
| W | 98.236(c)(4)(i)(D) | All. |
| W | 98.236(c)(4)(i)(E) | All. |
| W | 98.236(c)(4)(i)(F) | All. |
| W | 98.236(c)(4)(i)(G) | All. |
| W | 98.236(c)(4)(i)(H) | All. |
| W | 98.236(c)(4)(ii)(A) | All. |
| W | 98.236(c)(5)(i)(D) | All. |
| W | 98.236(c)(5)(ii)(C) | All. |
| W | 98.236(c)(6)(i)(B) | All. b |
| W | 98.236(c)(6)(i)(D) | All. b |
| W | 98.236(c)(6)(i)(E) | All. b |
| W | 98.236(c)(6)(i)(F) | All. b |
| W | 98.236(c)(6)(i)(G) | Only the amount of natural gas required. |
| W | 98.236(c)(6)(i)(H) | Only the amount of natural gas required. |
| W | 98.236(c)(6)(ii)(A) | All. |
| W | 98.236(c)(6)(ii)(B) | All. |
| W | 98.236(c)(7)(i)(A) | Only for Equation W-14A. |
| W | 98.236(c)(8)(i)(F) | All. b |
| W | 98.236(c)(8)(i)(K) | All. |
| W | 98.236(c)(8)(ii)(A) | All. b |
| W | 98.236(c)(8)(ii)(H) | All. |
| W | 98.236(c)(8)(iii)(A) | All. |
| W | 98.236(c)(8)(iii)(B) | All. |
| W | 98.236(c)(8)(iii)(G) | All. |
| W | 98.236(c)(12)(ii) | All. |
| W | 98.236(c)(12)(v) | All. |
| W | 98.236(c)(13)(i)(E) | All. |
| W | 98.236(c)(13)(i)(F) | All. |
| W | 98.236(c)(13)(ii)(A) | All. |
| W | 98.236(c)(13)(ii)(B) | All. |
| W | 98.236(c)(13)(iii)(A) | All. |
| W | 98.236(c)(13)(iii)(B) | All. |
| W | 98.236(c)(13)(v)(A) | All. |
| W | 98.236(c)(14)(i)(B) | All. |
| W | 98.236(c)(14)(ii)(A) | All. |
| W | 98.236(c)(14)(ii)(B) | All. |
| W | 98.236(c)(14)(iii)(A) | All. |
| W | 98.236(c)(14)(iii)(B) | All. |
| W | 98.236(c)(14)(v)(A) | All. |
| W | 98.236(c)(15)(ii)(A) | All. |
| W | 98.236(c)(15)(ii)(B) | All. |
| W | 98.236(c)(16)(viii) | All. |
| W | 98.236(c)(16)(ix) | All. |
| W | 98.236(c)(16)(x) | All. |
| W | 98.236(c)(16)(xi) | All. |
| W | 98.236(c)(16)(xii) | All. |
| W | 98.236(c)(16)(xiii) | All. |
| W | 98.236(c)(16)(xiv) | All. |
| W | 98.236(c)(16)(xv) | All. |
| W | 98.236(c)(16)(xvi) | All. |
| W | 98.236(c)(17)(ii) | All. |
| W | 98.236(c)(17)(iii) | All. |
| W | 98.236(c)(17)(iv) | All. |
| W | 98.236(c)(18)(i) | All. |
| W | 98.236(c)(18)(ii) | All. |
| W | 98.236(c)(19)(iv) | All. |
| W | 98.236(c)(19)(vii) | All. |
| Y | 98.256(h)(5)(i) | Only value of the correction. |
| Y | 98.256(k)(4) | Only mole fraction of methane in coking gas. |
| Y | 98.256(n)(3) | All (if used in Equation Y-21 to calculate emissions from equipment leaks). |
| Y | 98.256(o)(4)(vi) | Only tank-specific methane composition data and gas generation rate data. |
| AA | 98.276(e) | All. |
| CC | 98.296(b)(10)(i) | All. |
| CC | 98.296(b)(10)(ii) | All. |
| CC | 98.296(b)(10)(iii) | All. |
| CC | 98.296(b)(10)(iv) | All. |
| CC | 98.296(b)(10)(v) | All. |
| CC | 98.296(b)(10)(vi) | All. |
| II | 98.356(d)(2) | All (if conducting weekly sampling). |
| II | 98.356(d)(3) | All (if conducting weekly sampling). |
| II | 98.356(d)(4) | Only weekly average temperature (if conducting weekly sampling). |
| II | 98.356(d)(5) | Only weekly average moisture content (if conducting weekly sampling). |
| II | 98.356(d)(6) | Only weekly average pressure (if conducting weekly sampling). |
a Required to be reported only by: (1) Stationary fuel combustion sources (
b This rule citation provides an option to delay reporting of this data element for certain wildcat wells and/or delineation wells.
Subpart B [Reserved]
Subpart C – General Stationary Fuel Combustion Sources
§ 98.30 Definition of the source category.
(a) Stationary fuel combustion sources are devices that combust solid, liquid, or gaseous fuel, generally for the purposes of producing electricity, generating steam, or providing useful heat or energy for industrial, commercial, or institutional use, or reducing the volume of waste by removing combustible matter. Stationary fuel combustion sources include, but are not limited to, boilers, simple and combined-cycle combustion turbines, engines, incinerators, and process heaters.
(b) This source category does not include:
(1) Portable equipment, as defined in § 98.6.
(2) Emergency generators and emergency equipment, as defined in § 98.6.
(3) Irrigation pumps at agricultural operations.
(4) Flares, unless otherwise required by provisions of another subpart of this part to use methodologies in this subpart.
(5) Electricity generating units that are subject to subpart D of this part.
(c) For a unit that combusts hazardous waste (as defined in § 261.3 of this chapter), reporting of GHG emissions is not required unless either of the following conditions apply:
(1) Continuous emission monitors (CEMS) are used to quantify CO
(2) Any fuel listed in Table C-1 of this subpart is also combusted in the unit. In this case, report GHG emissions from combustion of all fuels listed in Table C-1 of this subpart.
(d) You are not required to report GHG emissions from pilot lights. A pilot light is a small auxiliary flame that ignites the burner of a combustion device when the control valve opens.
§ 98.31 Reporting threshold.
You must report GHG emissions under this subpart if your facility contains one or more stationary fuel combustion sources and the facility meets the applicability requirements of either §§ 98.2(a)(1), 98.2(a)(2), or 98.2(a)(3).
§ 98.32 GHGs to report.
You must report CO
§ 98.33 Calculating GHG emissions.
You must calculate CO
(a) CO
(1) Tier 1 Calculation Methodology. Calculate the annual CO
(i) Use Equation C-1 except when natural gas billing records are used to quantify fuel usage and gas consumption is expressed in units of therms or million Btu. In that case, use Equation C-1a or C-1b, as applicable.
(ii) If natural gas consumption is obtained from billing records and fuel usage is expressed in therms, use Equation C-1a.
(iii) If natural gas consumption is obtained from billing records and fuel usage is expressed in mmBtu, use Equation C-1b.
(2) Tier 2 Calculation Methodology. Calculate the annual CO
(i) Equation C-2a of this section applies to any type of fuel listed in Table C-1 of the subpart, except for municipal solid waste (MSW). For MSW combustion, use Equation C-2c of this section.
(ii) The minimum required sampling frequency for determining the annual average HHV (e.g., monthly, quarterly, semi-annually, or by lot) is specified in § 98.34. The method for computing the annual average HHV is a function of unit size and how frequently you perform or receive from the fuel supplier the results of fuel sampling for HHV. The method is specified in paragraph (a)(2)(ii)(A) or (a)(2)(ii)(B) of this section, as applicable.
(A) If the results of fuel sampling are received monthly or more frequently, then for each unit with a maximum rated heat input capacity greater than or equal to 100 mmBtu/hr (or for a group of units that includes at least one unit of that size), the annual average HHV shall be calculated using Equation C-2b of this section. If multiple HHV determinations are made in any month, average the values for the month arithmetically.
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(B) If the results of fuel sampling are received less frequently than monthly, or, for a unit with a maximum rated heat input capacity less than 100 mmBtu/hr (or a group of such units) regardless of the HHV sampling frequency, the annual average HHV shall either be computed according to paragraph (a)(2)(ii)(A) of this section or as the arithmetic average HHV for all values for the year (including valid samples and substitute data values under § 98.35).
(iii) For units that combust municipal solid waste (MSW) and that produce steam, use Equation C-2c of this section. Equation C-2c of this section may also be used for any other solid fuel listed in Table C-1 of this subpart provided that steam is generated by the unit.
(3) Tier 3 Calculation Methodology. Calculate the annual CO
(i) For a solid fuel, use Equation C-3 of this section.
(ii) For a liquid fuel, use Equation C-4 of this section.
(iii) For a gaseous fuel, use Equation C-5 of this section.
(iv) Fuel flow meters that measure mass flow rates may be used for liquid or gaseous fuels, provided that the fuel density is used to convert the readings to volumetric flow rates. The density shall be measured at the same frequency as the carbon content. You must measure the density using one of the following appropriate methods. You may use a method published by a consensus-based standards organization, if such a method exists, or you may use industry standard practice. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org), the American National Standards Institute (ANSI, 1819 L Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, http://www.ansi.org), the American Gas Association (AGA), 400 North Capitol Street, NW., 4th Floor, Washington, DC 20001, (202) 824-7000, http://www.aga.org), the American Society of Mechanical Engineers (ASME, Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org), the American Petroleum Institute (API, 1220 L Street, NW., Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the North American Energy Standards Board (NAESB, 801 Travis Street, Suite 1675, Houston, TX 77002, (713) 356-0060, http://www.api.org). The method(s) used shall be documented in the GHG Monitoring Plan required under § 98.3(g)(5).
(v) The following default density values may be used for fuel oil, in lieu of using the methods in paragraph (a)(3)(iv) of this section: 6.8 lb/gal for No. 1 oil; 7.2 lb/gal for No. 2 oil; 8.1 lb/gal for No. 6 oil.
(4) Tier 4 Calculation Methodology. Calculate the annual CO
(i) This methodology requires a CO
(ii) When the CO
(iii) If the CO
(iv) An oxygen (O
(v) Each hourly CO
(vi) The hourly CO
(vii) If both biomass and fossil fuel are combusted during the year, determine and report the biogenic CO
(viii) If a portion of the flue gases generated by a unit subject to Tier 4 (e.g., a slip stream) is continuously diverted from the main flue gas exhaust system for the purpose of heat recovery or some other similar process, and then exhausts through a stack that is not equipped with the continuous emission monitors to measure CO
(A) At least once a year, use EPA Methods 2 and 3A, and (if necessary) Method 4 in appendices A-2 and A-3 to part 60 of this chapter to perform emissions testing at a set point that best represents normal, stable process operating conditions. A minimum of three one-hour Method 3A tests are required, to determine the CO
(B) Calculate a CO
(C) The results of each annual stack test shall be used in the GHG emissions calculations for the year of the test.
(D) If, for the majority of the operating hours during the year, the diverted stream is withdrawn at a steady rate at or near the tested set point (as evidenced by fan and damper settings and/or other parameters), you may use the calculated CO
(E) If the flow rate of the diverted stream varies significantly throughout the year, except as provided below, repeat the stack test and emission rate calculation procedures described in paragraphs (c)(4)(viii)(A) and (c)(4)(viii)(B) of this section at a minimum of two more set points across the range of typical operating conditions to develop a correlation between CO
(F) Calculate the annual CO
(G) Finally, add the CO
(H) The exact method and procedures used to estimate the CO
(5) Alternative methods for certain units subject to Part 75 of this chapter. Certain units that are not subject to subpart D of this part and that report data to EPA according to part 75 of this chapter may qualify to use the alternative methods in this paragraph (a)(5), in lieu of using any of the four calculation methodology tiers.
(i) For a unit that combusts only natural gas and/or fuel oil, is not subject to subpart D of this part, monitors and reports heat input data year-round according to appendix D to part 75 of this chapter, but is not required by the applicable part 75 program to report CO
(A) Use the hourly heat input data from appendix D to part 75 of this chapter, together with Equation G-4 in appendix G to part 75 of this chapter to determine the hourly CO
(B) Use Equations F-12 and F-13 in appendix F to part 75 of this chapter to calculate the quarterly and cumulative annual CO
(C) Divide the cumulative annual CO
(ii) For a unit that combusts only natural gas and/or fuel oil, is not subject to subpart D of this part, monitors and reports heat input data year-round according to § 75.19 of this chapter but is not required by the applicable part 75 program to report CO
(A) Calculate the hourly CO
(B) Sum the hourly CO
(C) Divide the cumulative annual CO
(iii) For a unit that is not subject to subpart D of this part, uses flow rate and CO
(A) Use Equation F-11 or F-2 (as applicable) in appendix F to part 75 of this chapter to calculate the hourly CO
(B) Use Equations F-12 and F-13 in appendix F to part 75 of this chapter to calculate the quarterly and cumulative annual CO
(C) Divide the cumulative annual CO
(iv) For units that qualify to use the alternative CO
(b) Use of the four tiers. Use of the four tiers of CO
(1) The Tier 1 Calculation Methodology:
(i) May be used for any fuel listed in Table C-1 of this subpart that is combusted in a unit with a maximum rated heat input capacity of 250 mmBtu/hr or less.
(ii) May be used for MSW in a unit of any size that does not produce steam, if the use of Tier 4 is not required.
(iii) May be used for solid, gaseous, or liquid biomass fuels in a unit of any size provided that the fuel is listed in Table C-1 of this subpart.
(iv) May not be used if you routinely perform fuel sampling and analysis for the fuel high heat value (HHV) or routinely receive the results of HHV sampling and analysis from the fuel supplier at the minimum frequency specified in § 98.34(a), or at a greater frequency. In such cases, Tier 2 shall be used. This restriction does not apply to paragraphs (b)(1)(ii), (b)(1)(v), (b)(1)(vi), and (b)(1)(vii) of this section.
(v) May be used for natural gas combustion in a unit of any size, in cases where the annual natural gas consumption is obtained from fuel billing records in units of therms or mmBtu.
(vi) May be used for MSW combustion in a small, batch incinerator that burns no more than 1,000 tons per year of MSW.
(vii) May be used for the combustion of MSW and/or tires in a unit, provided that no more than 10 percent of the unit’s annual heat input is derived from those fuels, combined. Notwithstanding this requirement, if a unit combusts both MSW and tires and the reporter elects not to separately calculate and report biogenic CO
(viii) May be used for the combustion of a fuel listed in Table C-1 if the fuel is combusted in a unit with a maximum rated heat input capacity greater than 250 mmBtu/hr (or, pursuant to § 98.36(c)(3), in a group of units served by a common supply pipe, having at least one unit with a maximum rated heat input capacity greater than 250 mmBtu/hr), provided that both of the following conditions apply:
(A) The use of Tier 4 is not required.
(B) The fuel provides less than 10 percent of the annual heat input to the unit, or if § 98.36(c)(3) applies, to the group of units served by a common supply pipe.
(2) The Tier 2 Calculation Methodology:
(i) May be used for the combustion of any type of fuel in a unit with a maximum rated heat input capacity of 250 mmBtu/hr or less provided that the fuel is listed in Table C-1 of this subpart.
(ii) May be used in a unit with a maximum rated heat input capacity greater than 250 mmBtu/hr for the combustion of natural gas and/or distillate fuel oil.
(iii) May be used for MSW in a unit of any size that produces steam, if the use of Tier 4 is not required.
(3) The Tier 3 Calculation Methodology:
(i) May be used for a unit of any size that combusts any type of fuel listed in Table C-1 of this subpart (except for MSW), unless the use of Tier 4 is required.
(ii) Shall be used for a unit with a maximum rated heat input capacity greater than 250 mmBtu/hr that combusts any type of fuel listed in Table C-1 of this subpart (except MSW), unless either of the following conditions apply:
(A) The use of Tier 1 or 2 is permitted, as described in paragraphs (b)(1)(iii), (b)(1)(v), (b)(1)(viii), and (b)(2)(ii) of this section.
(B) The use of Tier 4 is required.
(iii) Shall be used for a fuel not listed in Table C-1 of this subpart if the fuel is combusted in a unit with a maximum rated heat input capacity greater than 250 mmBtu/hr (or, pursuant to § 98.36(c)(3), in a group of units served by a common supply pipe, having at least one unit with a maximum rated heat input capacity greater than 250 mmBtu/hr), provided that both of the following conditions apply:
(A) The use of Tier 4 is not required.
(B) The fuel provides 10% or more of the annual heat input to the unit or, if § 98.36(c)(3) applies, to the group of units served by a common supply pipe.
(iv) Shall be used when specified in another applicable subpart of this part, regardless of unit size.
(4) The Tier 4 Calculation Methodology:
(i) May be used for a unit of any size, combusting any type of fuel. Tier 4 may also be used for any group of stationary fuel combustion units, process units, or manufacturing units that share a common stack or duct.
(ii) Shall be used if the unit meets all six of the conditions specified in paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(F) of this section:
(A) The unit has a maximum rated heat input capacity greater than 250 mmBtu/hr, or if the unit combusts municipal solid waste and has a maximum rated input capacity greater than 600 tons per day of MSW.
(B) The unit combusts solid fossil fuel or MSW as the primary fuel.
(C) The unit has operated for more than 1,000 hours in any calendar year since 2005.
(D) The unit has installed CEMS that are required either by an applicable Federal or State regulation or the unit’s operating permit.
(E) The installed CEMS include a gas monitor of any kind or a stack gas volumetric flow rate monitor, or both and the monitors have been certified, either in accordance with the requirements of part 75 of this chapter, part 60 of this chapter, or an applicable State continuous monitoring program.
(F) The installed gas or stack gas volumetric flow rate monitors are required, either by an applicable Federal or State regulation or by the unit’s operating permit, to undergo periodic quality assurance testing in accordance with either appendix B to part 75 of this chapter, appendix F to part 60 of this chapter, or an applicable State continuous monitoring program.
(iii) Shall be used for a unit with a maximum rated heat input capacity of 250 mmBtu/hr or less and for a unit that combusts municipal solid waste with a maximum rated input capacity of 600 tons of MSW per day or less, if the unit meets all of the following three conditions:
(A) The unit has both a stack gas volumetric flow rate monitor and a CO
(B) The unit meets the conditions specified in paragraphs (b)(4)(ii)(B) through (b)(4)(ii)(D) of this section.
(C) The CO
(iv) May apply to common stack or duct configurations where:
(A) The combined effluent gas streams from two or more stationary fuel combustion units are vented through a monitored common stack or duct. In this case, Tier 4 shall be used if all of the conditions in paragraph (b)(4)(iv)(A)(1) of this section or if the conditions in paragraph (b)(4)(iv)(A)(2) of this section are met.
(1) At least one of the units meets the requirements of paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section, and the CEMS installed at the common stack (or duct) meet the requirements of paragraphs (b)(4)(ii)(D) through (b)(4)(ii)(F) of this section.
(2) At least one of the units and the monitors installed at the common stack or duct meet the requirements of paragraph (b)(4)(iii) of this section.
(B) The combined effluent gas streams from a process or manufacturing unit and a stationary fuel combustion unit are vented through a monitored common stack or duct. In this case, Tier 4 shall be used if the combustion unit and the monitors installed at the common stack or duct meet the applicability criteria specified in paragraph (b)(4)(iv)(A)(1), or (b)(4)(iv)(A)(2) of this section.
(C) The combined effluent gas streams from two or more manufacturing or process units are vented through a common stack or duct. In this case, if any of the units is required by an applicable subpart of this part to use Tier 4, the CO
(5) The Tier 4 Calculation Methodology shall be used:
(i) Starting on January 1, 2010, for a unit that is required to report CO
(ii) No later than January 1, 2011, for a unit that is required to report CO
(A) The certification tests are passed in sequence, with no test failures.
(B) No unscheduled maintenance or repair of the CEMS is performed during the certification test period.
(iii) No later than 180 days following the date on which a change is made that triggers Tier 4 applicability under paragraph (b)(4)(ii) or (b)(4)(iii) of this section (e.g., a change in the primary fuel, manner of unit operation, or installed continuous monitoring equipment).
(6) You may elect to use any applicable higher tier for one or more of the fuels combusted in a unit. For example, if a 100 mmBtu/hr unit combusts natural gas and distillate fuel oil, you may elect to use Tier 1 for natural gas and Tier 3 for the fuel oil, even though Tier 1 could have been used for both fuels. However, for units that use either the Tier 4 or the alternative calculation methodology specified in paragraph (a)(5)(iii) of this section, CO
(c) Calculation of CH
(1) Use Equation C-8 of this section to estimate CH
(i) Use Equation C-8a to calculate CH
(ii) Use Equation C-8b to calculate CH
CH
(2) Use Equation C-9a of this section to estimate CH
(3) Use Equation C-9b of this section to estimate CH
(4) Use Equation C-10 of this section for: units subject to subpart D of this part; units that qualify for and elect to use the alternative CO
(i) If only one type of fuel listed in Table C-2 of this subpart is combusted during the reporting year, substitute the cumulative annual heat input from combustion of the fuel into Equation C-10 of this section to calculate the annual CH
(ii) If more than one type of fuel listed in Table C-2 of this subpart is combusted during the reporting year, use Equation C-10 of this section separately for each type of fuel, except as provided in paragraph (c)(4)(ii)(B) of this section. Determine the appropriate values of (HI)
(A) For units in the Acid Rain Program and other units that report heat input data to EPA year-round according to part 75 of this chapter, obtain (HI)
(B) For a unit that uses CEMS to monitor hourly heat input according to part 75 of this chapter, the value of (HI)
(C) For Tier 4 units, use the best available information (e.g., fuel feed rate measurements, fuel heating values, engineering analysis) to estimate the value of (HI)
(D) Units in the Acid Rain Program and other units that report heat input data to EPA year-round according to part 75 of this chapter may use the best available information described in paragraph (c)(4)(ii)(C) of this section, to estimate (HI)
(5) When multiple fuels are combusted during the reporting year, sum the fuel-specific results from Equations C-8, C-8a, C-8b, C-9a, C-9b, or C-10 of this section (as applicable) to obtain the total annual CH
(6) Calculate the annual CH
(i) If the mass or volume of each component fuel in the blend is measured before the fuels are mixed and combusted, calculate and report CH
(ii) If the mass or volume of each component fuel in the blend is not measured before the fuels are mixed and combusted, a reasonable estimate of the percentage composition of the blend, based on best available information, is required. Perform the following calculations for each component fuel “i” that is listed in Table C-2:
(A) Multiply (% Fuel)
(B) Multiply the result from paragraph (c)(6)(ii)(A) of this section by the HHV of the fuel (default value or, if available, the measured annual average value), to obtain an estimate of the annual heat input from component “i”;
(C) Calculate the annual CH
(D) Sum the annual CH
(d) Calculation of CO
(2) The total annual CO
(e) Biogenic CO
(1) You may use Equation C-1 of this subpart to calculate the annual CO
(i) Company records.
(ii) The procedures in paragraph (e)(4) of this section.
(iii) The best available information for premixed fuels that contain biomass and fossil fuels (e.g., liquid fuel mixtures containing biodiesel).
(2) You may use the procedures of this paragraph if the following three conditions are met: First, a CO
(i) For each operating hour, use Equation C-12 of this section to determine the volume of CO
(ii) Sum all of the hourly V
(iii) Calculate the annual volume of CO
(iv) Subtract V
(v) Calculate the biogenic percentage of the annual CO
(vi) Calculate the annual biogenic CO
(A) Under paragraph (a)(4)(vi) of this section, for units using the Tier 4 Calculation Methodology.
(B) Under paragraph (a)(5)(iii)(B) of this section, for units using the alternative calculation methodology specified in paragraph (a)(5)(iii).
(C) From the electronic data report required under § 75.64 of this chapter, for units in the Acid Rain Program and other units using CEMS to monitor and report CO
(3) You must use the procedures in paragraphs (e)(3)(i) through (e)(3)(iii) of this section to determine the annual biogenic CO
(i) Use an applicable CO
(ii) Determine the relative proportions of biogenic and non-biogenic CO
(iii) Determine the annual biogenic CO
(iv) If the combustion of MSW and/or tires provides no more than 10 percent of the annual heat input to a unit, or if a small, batch incinerator combusts no more than 1,000 tons per year of MSW, you may estimate the annual biogenic CO
(A) Calculate the total annual CO
(B) Multiply the result from paragraph (e)(3)(iv)(A) of this section by the appropriate default factor to determine the annual biogenic CO
(4) If Equation C-1 or Equation C-2a of this section is selected to calculate the annual biogenic mass emissions for wood, wood waste, or other solid biomass-derived fuel, Equation C-15 of this section may be used to quantify biogenic fuel consumption, provided that all of the required input parameters are accurately quantified. Similar equations and calculation methodologies based on steam generation and boiler efficiency may be used, provided that they are documented in the GHG Monitoring Plan required by § 98.3(g)(5).
(5) For units subject to subpart D of this part and for units that use the methods in part 75 of this chapter to quantify CO
CO
§ 98.34 Monitoring and QA/QC requirements.
The CO
(a) For the Tier 2 Calculation Methodology:
(1) All fuel samples shall be taken at a location in the fuel handling system that provides a sample representative of the fuel combusted. The fuel sampling and analysis may be performed by either the owner or operator or the supplier of the fuel.
(2) The minimum required frequency of the HHV sampling and analysis for each type of fuel or fuel mixture (blend) is specified in this paragraph. When the specified frequency for a particular fuel or blend is based on a specified time period (e.g., week, month, quarter, or half-year), fuel sampling and analysis is required only for those time periods in which the fuel or blend is combusted. The owner or operator may perform fuel sampling and analysis more often than the minimum required frequency, in order to obtain a more representative annual average HHV.
(i) For natural gas, semiannual sampling and analysis is required (i.e., twice in a calendar year, with consecutive samples taken at least four months apart).
(ii) For coal and fuel oil, and for any other solid or liquid fuel that is delivered in lots, analysis of at least one representative sample from each fuel lot is required. For fuel oil, as an alternative to sampling each fuel lot, a sample may be taken upon each addition of oil to the unit’s storage tank. Flow proportional sampling, continuous drip sampling, or daily manual oil sampling may also be used, in lieu of sampling each fuel lot. If the daily manual oil sampling option is selected, sampling from a particular tank is required only on days when oil from the tank is combusted by the unit (or units) served by the tank. If you elect to sample from the storage tank upon each addition of oil to the tank, you must take at least one sample from each tank that is currently in service and whenever oil is added to the tank, for as long as the tank remains in service. You need not take any samples from a storage tank while it is out of service. Rather, take a sample when the tank is brought into service and whenever oil is added to the tank, for as long as the tank remains in service. If multiple additions of oil are made to a particular in-service tank on a given day (e.g., from multiple deliveries), one sample taken after the final addition of oil is sufficient. For the purposes of this section, a fuel lot is defined as a shipment or delivery of a single type of fuel (e.g., ship load, barge load, group of trucks, group of railroad cars, oil delivery via pipeline from a tank farm, etc.). However, if multiple deliveries of a particular type of fuel are received from the same supply source in a given calendar month, the deliveries for that month may be considered, collectively, to comprise a fuel lot, requiring only one representative sample, subject to the following conditions:
(A) For coal, the “type” of fuel means the rank of the coal (i.e., anthracite, bituminous, sub-bituminous, or lignite). For fuel oil, the “type” of fuel means the grade number or classification of the oil (e.g., No. 1 oil, No. 2 oil, kerosene, Jet A fuel, etc.).
(B) The owner or operator shall document in the monitoring plan under § 98.3(g)(5) how the monthly sampling of each type of fuel is performed.
(iii) For liquid fuels other than fuel oil, and for gaseous fuels other than natural gas (including biogas), sampling and analysis is required at least once per calendar quarter. To the extent practicable, consecutive quarterly samples shall be taken at least 30 days apart.
(iv) For other solid fuels (except MSW), weekly sampling is required to obtain composite samples, which are then analyzed monthly.
(v) For fuel blends that are received already mixed, or that are mixed on-site without measuring the exact amount of each component, as described in paragraph (a)(3)(ii) of this section, determine the HHV of the blend as follows. For blends of solid fuels (except MSW), weekly sampling is required to obtain composite samples, which are analyzed monthly. For blends of liquid or gaseous fuels, sampling and analysis is required at least once per calendar quarter. More frequent sampling is recommended if the composition of the blend varies significantly during the year.
(3) Special considerations for blending of fuels. In situations where different types of fuel listed in Table C-1 of this subpart (for example, different ranks of coal or different grades of fuel oil) are in the same state of matter (i.e., solid, liquid, or gas), and are blended prior to combustion, use the following procedures to determine the appropriate CO
(i) If the fuels to be blended are received separately, and if the quantity (mass or volume) of each fuel is measured before the fuels are mixed and combusted, then, for each component of the blend, calculate the CO
(ii) If the fuel is received as a blend (i.e., already mixed) or if the components are mixed on site without precisely measuring the mass or volume of each one individually, a reasonable estimate of the relative proportions of the components of the blend must be made, using the best available information (e.g., the approximate annual average mass or volume percentage of each fuel, based on the typical or expected range of values). Determine the appropriate CO
(A) Consider the blend to be the “fuel type,” measure its HHV at the frequency prescribed in paragraph (a)(2)(v) of this section, and determine the annual average HHV value for the blend according to § 98.33(a)(2)(ii).
(B) Calculate a heat-weighted CO
(C) Substitute into Equation C-2a of this subpart, the annual average HHV for the blend (from paragraph (a)(3)(ii)(A) of this section) and the calculated value of (EF)
(iii) Note that for the case described in paragraph (a)(3)(ii) of this section, if measured HHV values for the individual fuels in the blend or for the blend itself are not routinely received at the minimum frequency prescribed in paragraph (a)(2) of this section (or at a greater frequency), and if the unit qualifies to use Tier 1, calculate (HHV)
(iv) If the fuel blend described in paragraph (a)(3)(ii) of this section consists of a mixture of fuel(s) listed in Table C-1 of this subpart and one or more fuels not listed in Table C-1, calculate CO
(A) In Equation C-17, apply the term (Fuel)
(B) In Equation C-1, the term “Fuel” will be equal to the total mass or volume of the blended fuel combusted during the year multiplied by the sum of the mass or volume percentages of the Table C-1 fuels in the blend. For the example in paragraph (a)(3)(iv)(A) of this section, “Fuel” = (Annual volume of the blend combusted)(0.80).
(4) If, for a particular type of fuel, HHV sampling and analysis is performed more often than the minimum frequency specified in paragraph (a)(2) of this section, the results of all valid fuel analyses shall be used in the GHG emission calculations.
(5) If, for a particular type of fuel, valid HHV values are obtained at less than the minimum frequency specifed in paragraph (a)(2) of this section, appropriate substitute data values shall be used in the emissions calculations, in accordance with missing data procedures of § 98.35.
(6) You must use one of the following appropriate fuel sampling and analysis methods. The HHV may be calculated using chromatographic analysis together with standard heating values of the fuel constituents, provided that the gas chromatograph is operated, maintained, and calibrated according to the manufacturer’s instructions. Alternatively, you may use a method published by a consensus-based standards organization if such a method exists, or you may use industry standard practice to determine the high heat values. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org), the American National Standards Institute (ANSI, 1819 L Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, http://www.ansi.org), the American Gas Association (AGA, 400 North Capitol Street, NW., 4th Floor, Washington, DC 20001, (202) 824-7000, http://www.aga.org), the American Society of Mechanical Engineers (ASME, Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org), the American Petroleum Institute (API, 1220 L Street, NW., Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the North American Energy Standards Board (NAESB, 801 Travis Street, Suite 1675, Houston, TX 77002, (713) 356-0060, http://www.api.org). The method(s) used shall be documented in the Monitoring Plan required under § 98.3(g)(5).
(b) For the Tier 3 Calculation Methodology:
(1) You must calibrate each oil and gas flow meter according to § 98.3(i) and the provisions of this paragraph (b)(1).
(i) Perform calibrations using any of the test methods and procedures in this paragraph (b)(1)(i). The method(s) used shall be documented in the Monitoring Plan required under § 98.3(g)(5).
(A) You may use the calibration procedures specified by the flow meter manufacturer.
(B) You may use an appropriate flow meter calibration method published by a consensus-based standards organization, if such a method exists. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org), the American National Standards Institute (ANSI, 1819 L Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, http://www.ansi.org), the American Gas Association (AGA, 400 North Capitol Street, NW., 4th Floor, Washington, DC 20001, (202) 824-7000, http://www.aga.org), the American Society of Mechanical Engineers (ASME, Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org), the American Petroleum Institute (API, 1220 L Street, NW., Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the North American Energy Standards Board (NAESB, 801 Travis Street, Suite 1675, Houston, TX 77002, (713) 356-0060, http://www.api.org).
(C) You may use an industry-accepted practice.
(ii) In addition to the initial calibration required by § 98.3(i), recalibrate each fuel flow meter (except as otherwise provided in paragraph (b)(1)(iii) of this section) according to one of the following. You may recalibrate annually, at the minimum frequency specified by the manufacturer, or at the interval specified by industry standard practice.
(iii) Fuel billing meters are exempted from the initial and ongoing calibration requirements of this paragraph and from the Monitoring Plan and recordkeeping requirements of §§ 98.3(g)(5)(i)(C), (g)(6), and (g)(7), provided that the fuel supplier and the unit combusting the fuel do not have any common owners and are not owned by subsidiaries or affiliates of the same company. Meters used exclusively to measure the flow rates of fuels that are only used for unit startup are also exempted from the initial and ongoing calibration requirements of this paragraph.
(iv) For the initial calibration of an orifice, nozzle, or venturi meter; in-situ calibration of the transmitters is sufficient. A primary element inspection (PEI) shall be performed at least once every three years.
(v) For the continuously-operating units and processes described in § 98.3(i)(6), the required flow meter recalibrations and, if necessary, the PEIs may be postponed until the next scheduled maintenance outage.
(vi) If a mixture of liquid or gaseous fuels is transported by a common pipe, you may either separately meter each of the fuels prior to mixing, using flow meters calibrated according to § 98.3(i), or consider the fuel mixture to be the “fuel type” and meter the mixed fuel, using a flow meter calibrated according to § 98.3(i).
(2) Oil tank drop measurements (if used to determine liquid fuel use volume) shall be performed according to any an appropriate method published by a consensus-based standards organization (e.g., the American Petroleum Institute).
(3) The carbon content and, if applicable, molecular weight of the fuels shall be determined according to the procedures in this paragraph (b)(3).
(i) All fuel samples shall be taken at a location in the fuel handling system that provides a sample representative of the fuel combusted. The fuel sampling and analysis may be performed by either the owner or operator or by the supplier of the fuel.
(ii) For each type of fuel, the minimum required frequency for collecting and analyzing samples for carbon content and (if applicable) molecular weight is specified in this paragraph. When the sampling frequency is based on a specified time period (e.g., week, month, quarter, or half-year), fuel sampling and analysis is required for only those time periods in which the fuel is combusted.
(A) For natural gas, semiannual sampling and analysis is required (i.e., twice in a calendar year, with consecutive samples taken at least four months apart).
(B) For coal and fuel oil and for any other solid or liquid fuel that is delivered in lots, analysis of at least one representative sample from each fuel lot is required. For fuel oil, as an alternative to sampling each fuel lot, a sample may be taken upon each addition of oil to the storage tank. Flow proportional sampling, continuous drip sampling, or daily manual oil sampling may also be used, in lieu of sampling each fuel lot. If the daily manual oil sampling option is selected, sampling from a particular tank is required only on days when oil from the tank is combusted by the unit (or units) served by the tank. If you elect to sample from the storage tank upon each addition of oil to the tank, you must take at least one sample from each tank that is currently in service and whenever oil is added to the tank, for as long as the tank remains in service. You need not take any samples from a storage tank while it is out of service. Rather, take a sample when the tank is brought into service and whenever oil is added to the tank, for as long as the tank remains in service. If multiple additions of oil are made to a particular in service tank on a given day (e.g., from multiple deliveries), one sample taken after the final addition of oil is sufficient. For the purposes of this section, a fuel lot is defined as a shipment or delivery of a single type of fuel (e.g., ship load, barge load, group of trucks, group of railroad cars, oil delivery via pipeline from a tank farm, etc.). However, if multiple deliveries of a particular type of fuel are received from the same supply source in a given calendar month, the deliveries for that month may be considered, collectively, to comprise a fuel lot, requiring only one representative sample, subject to the following conditions:
(1) For coal, the “type” of fuel means the rank of the coal (i.e., anthracite, bituminous, sub-bituminous, or lignite). For fuel oil, the “type” of fuel means the grade number or classification of the oil (e.g., No. 1 oil, No. 2 oil, kerosene, Jet A fuel, etc.).
(2) The owner or operator shall document in the monitoring plan under § 98.3(g)(5) how the monthly sampling of each type of fuel is performed.
(C) For liquid fuels other than fuel oil and for biogas, sampling and analysis is required at least once per calendar quarter. To the extent practicable, consecutive quarterly samples shall be taken at least 30 days apart.
(D) For other solid fuels (except MSW), weekly sampling is required to obtain composite samples, which are then analyzed monthly.
(E) For gaseous fuels other than natural gas and biogas (e.g., process gas), daily sampling and analysis to determine the carbon content and molecular weight of the fuel is required if continuous, on-line equipment, such as a gas chromatograph, is in place to make these measurements. Otherwise, weekly sampling and analysis shall be performed.
(F) For mixtures (blends) of solid fuels, weekly sampling is required to obtain composite samples, which are analyzed monthly. For blends of liquid fuels, and for gas mixtures consisting only of natural gas and biogas, sampling and analysis is required at least once per calendar quarter. For gas mixtures that contain gases other than natural gas (including biogas), daily sampling and analysis to determine the carbon content and molecular weight of the fuel is required if continuous, on-line equipment is in place to make these measurements. Otherwise, weekly sampling and analysis shall be performed.
(iii) If, for a particular type of fuel, sampling and analysis for carbon content and molecular weight is performed more often than the minimum frequency specified in paragraph (b)(3) of this section, the results of all valid fuel analyses shall be used in the GHG emission calculations.
(iv) If, for a particular type of fuel, sampling and analysis for carbon content and molecular weight is performed at less than the minimum frequency specified in paragraph (b)(3) of this section, appropriate substitute data values shall be used in the emissions calculations, in accordance with the missing data procedures of § 98.35.
(v) To calculate the CO
(A) Apply Equation C-3, C-4 or C-5 of this subpart (as applicable) to each component of the blend, if the mass or volume, the carbon content, and (if applicable), the molecular weight of each component are accurately measured prior to blending; or
(B) Consider the blend to be the “fuel type.” Then, at the frequency specified in paragraph (b)(3)(ii)(F) of this section, measure the carbon content and, if applicable, the molecular weight of the blend and calculate the annual average value of each parameter in the manner described in § 98.33(a)(2)(ii). Also measure the mass or volume of the blended fuel combusted during the reporting year. Substitute these measured values into Equation C-3, C-4, or C-5 of this subpart (as applicable).
(4) You must use one of the following appropriate fuel sampling and analysis methods. The results of chromatographic analysis of the fuel may be used, provided that the gas chromatograph is operated, maintained, and calibrated according to the manufacturer’s instructions. Alternatively, you may use a method published by a consensus-based standards organization if such a method exists, or you may use industry standard practice to determine the carbon content and molecular weight (for gaseous fuel) of the fuel. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org), the American National Standards Institute (ANSI, 1819 L Street, NW., 6th floor, Washington, DC 20036, (202) 293-8020, http://www.ansi.org), the American Gas Association (AGA, 400 North Capitol Street, NW., 4th Floor, Washington, DC 20001, (202) 824-7000, http://www.aga.org), the American Society of Mechanical Engineers (ASME, Three Park Avenue, New York, NY 10016-5990, (800) 843-2763, http://www.asme.org), the American Petroleum Institute (API, 1220 L Street, NW., Washington, DC 20005-4070, (202) 682-8000, http://www.api.org), and the North American Energy Standards Board (NAESB, 801 Travis Street, Suite 1675, Houston, TX 77002, (713) 356-0060, http://www.api.org). The method(s) used shall be documented in the Monitoring Plan required under § 98.3(g)(5).
(c) For the Tier 4 Calculation Methodology, the CO
(1) For initial certification, you may use any one of the following three procedures in this paragraph.
(i) §§ 75.20(c)(2), (c)(4), and (c)(5) through (c)(7) of this chapter and appendix A to part 75 of this chapter.
(ii) The calibration drift test and relative accuracy test audit (RATA) procedures of Performance Specification 3 in appendix B to part 60 of this chapter (for the CO
(iii) The provisions of an applicable State continuous monitoring program.
(2) If an O
(3) For ongoing quality assurance, follow the applicable procedures in either appendix B to part 75 of this chapter, appendix F to part 60 of this chapter, or an applicable State continuous monitoring program. If appendix F to part 60 of this chapter is selected for on-going quality assurance, perform daily calibration drift assessments for both the CO
(4) For the purposes of this part, the stack gas volumetric flow rate monitor RATAs required by appendix B to part 75 of this chapter and the annual RATAs of the CERMS required by appendix F to part 60 of this chapter need only be done at one operating level, representing normal load or normal process operating conditions, both for initial certification and for ongoing quality assurance.
(5) If, for any source operating hour, quality assured data are not obtained with a CO
(6) For certain applications where combined process emissions and combustion emissions are measured, the CO
(7) Hourly average data from the CEMS shall be validated in a manner consistent with one of the following: §§ 60.13(h)(2)(i) through (h)(2)(vi) of this chapter; § 75.10(d)(1) of this chapter; or the hourly data validation requirements of an applicable State CEM regulation.
(d) Except as otherwise provided in § 98.33(b)(1)(vi) and (vii), when municipal solid waste (MSW) is either the primary fuel combusted in a unit or the only fuel with a biogenic component combusted in the unit, determine the biogenic portion of the CO
(e) For other units that combust combinations of biomass fuel(s) (or heterogeneous fuels that have a biomass component, e.g., tires) and fossil (or other non-biogenic) fuel(s), in any proportions, ASTM D6866-16 and ASTM D7459-08 (both incorporated by reference, see § 98.7) may be used to determine the biogenic portion of the CO
(f) The records required under § 98.3(g)(2)(i) shall include an explanation of how the following parameters are determined from company records (or, if applicable, from the best available information):
(1) Fuel consumption, when the Tier 1 and Tier 2 Calculation Methodologies are used, including cases where § 98.36(c)(4) applies.
(2) Fuel consumption, when solid fuel is combusted and the Tier 3 Calculation Methodology is used.
(3) Fossil fuel consumption when § 98.33(e)(2) applies to a unit that uses CEMS to quantify CO
(4) Sorbent usage, when § 98.33(d) applies.
(5) Quantity of steam generated by a unit when § 98.33(a)(2)(iii) applies.
(6) Biogenic fuel consumption and high heating value, as applicable, under §§ 98.33(e)(5) and (e)(6).
(7) Fuel usage for CH
(8) Mass of biomass combusted, for premixed fuels that contain biomass and fossil fuels under § 98.33(e)(1)(iii).
§ 98.35 Procedures for estimating missing data.
Whenever a quality-assured value of a required parameter is unavailable (e.g., if a CEMS malfunctions during unit operation or if a required fuel sample is not taken), a substitute data value for the missing parameter shall be used in the calculations.
(a) For all units subject to the requirements of the Acid Rain Program, and all other stationary combustion units subject to the requirements of this part that monitor and report emissions and heat input data year-round in accordance with part 75 of this chapter, the missing data substitution procedures in part 75 of this chapter shall be followed for CO
(b) For units that use the Tier 1, Tier 2, Tier 3, and Tier 4 Calculation Methodologies, perform missing data substitution as follows for each parameter:
(1) For each missing value of the high heating value, carbon content, or molecular weight of the fuel, substitute the arithmetic average of the quality-assured values of that parameter immediately preceding and immediately following the missing data incident. If the “after” value has not been obtained by the time that the GHG emissions report is due, you may use the “before” value for missing data substitution or the best available estimate of the parameter, based on all available process data (e.g., electrical load, steam production, operating hours). If, for a particular parameter, no quality-assured data are available prior to the missing data incident, the substitute data value shall be the first quality-assured value obtained after the missing data period.
(2) For missing records of CO
§ 98.36 Data reporting requirements.
(a) In addition to the facility-level information required under § 98.3, the annual GHG emissions report shall contain the unit-level or process-level data specified in paragraphs (b) through (f) of this section, as applicable, for each stationary fuel combustion source (e.g., individual unit, aggregation of units, common pipe, or common stack) except as otherwise provided in this paragraph (a). For the data specified in paragraphs (b)(9)(iii), (c)(2)(ix), (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), (e)(2)(iv)(C), (e)(2)(iv)(F), and (e)(2)(ix)(D) through (F) of this section, the owner or operator of a stationary fuel combustion source that does not meet the criteria specified in paragraph (f) of this section may elect either to report the data specified in this sentence in the annual report or to use verification software according to § 98.5(b) in lieu of reporting these data. If you elect to use this verification software, you must use the verification software according to § 98.5(b) for all of these data that apply to the stationary fuel combustion source.
(b) Units that use the four tiers. You shall report the following information for stationary combustion units that use the Tier 1, Tier 2, Tier 3, or Tier 4 methodology in § 98.33(a) to calculate CO
(1) The unit ID number.
(2) A code representing the type of unit.
(3) Maximum rated heat input capacity of the unit, in mmBtu/hr.
(4) Each type of fuel combusted in the unit during the report year.
(5) The methodology (i.e., tier) used to calculate the CO
(6) The methodology start date, for each fuel type.
(7) The methodology end date, for each fuel type.
(8) For a unit that uses Tiers 1, 2, or 3:
(i) The annual CO
(ii) Metric tons of biogenic CO
(9) For a unit that uses Tier 4:
(i) If the total annual CO
(ii) Report the total annual CO
(iii) An estimate of the heat input from each type of fuel listed in Table C-2 of this subpart that was combusted in the unit during the report year.
(iv) The annual CH
(10) Annual CO
(11) If applicable, the plant code (as defined in § 98.6).
(c) Reporting alternatives for units using the four Tiers. You may use any of the applicable reporting alternatives of this paragraph to simplify the unit-level reporting required under paragraph (b) of this section:
(1) Aggregation of units. If a facility contains two or more units (e.g., boilers or combustion turbines), each of which has a maximum rated heat input capacity of 250 mmBtu/hr or less, you may report the combined GHG emissions for the group of units in lieu of reporting GHG emissions from the individual units, provided that the use of Tier 4 is not required or elected for any of the units and the units use the same tier for any common fuels combusted. If this option is selected, the following information shall be reported instead of the information in paragraph (b) of this section:
(i) Group ID number, beginning with the prefix “GP”.
(ii) [Reserved]
(iii) Cumulative maximum rated heat input capacity of the group (mmBtu/hr). The cumulative maximum rated heat input capacity shall be determined as the sum of the maximum rated heat input capacities for all units in the group, excluding units less than 10 (mmBtu/hr).
(iv) The highest maximum rated heat input capacity of any unit in the group (mmBtu/hr).
(v) Each type of fuel combusted in the group of units during the reporting year.
(vi) Annual CO
(vii) The methodology (i.e., tier) used to calculate the CO
(viii) The methodology start date, for each fuel type.
(ix) The methodology end date, for each fuel type.
(x) The calculated CO
(xi) If applicable, the plant code (as defined in § 98.6).
(2) Monitored common stack or duct configurations. When the flue gases from two or more stationary fuel combustion units at a facility are combined together in a common stack or duct before exiting to the atmosphere and if CEMS are used to continuously monitor CO
(i) Common stack or duct identification number, beginning with the prefix “CS”.
(ii) Number of units sharing the common stack or duct. Report “1” when the flue gas flowing through the common stack or duct includes combustion products and/or process off-gases, and all of the effluent comes from a single unit (e.g., a furnace, kiln, petrochemical production unit, or smelter).
(iii) Combined maximum rated heat input capacity of the units sharing the common stack or duct (mmBtu/hr). This data element is required only when all of the units sharing the common stack are stationary fuel combustion units.
(iv) Each type of fuel combusted in the units during the year.
(v) The methodology (tier) used to calculate the CO
(vi) The methodology start date.
(vii) The methodology end date.
(viii) Total annual CO
(ix) An estimate of the heat input from each type of fuel listed in Table C-2 of this subpart that was combusted in the units sharing the common stack or duct during the report year.
(x) For each type of fuel listed in Table C-2 of this subpart that was combusted during the report year in the units sharing the common stack or duct during the report year, the annual CH
(xi) If applicable, the plant code (as defined in § 98.6).
(3) Common pipe configurations. When two or more stationary combustion units at a facility combust the same type of liquid or gaseous fuel and the fuel is fed to the individual units through a common supply line or pipe, you may report the combined emissions from the units served by the common supply line, in lieu of separately reporting the GHG emissions from the individual units, provided that the total amount of fuel combusted by the units is accurately measured at the common pipe or supply line using a fuel flow meter, or, for natural gas, the amount of fuel combusted may be obtained from gas billing records. For Tier 3 applications, the flow meter shall be calibrated in accordance with § 98.34(b). If a portion of the fuel measured (or obtained from gas billing records) at the main supply line is diverted to either: A flare; or another stationary fuel combustion unit (or units), including units that use a CO
(i) Common pipe identification number, beginning with the prefix “CP”.
(ii) Cumulative maximum rated heat input capacity of the units served by the common pipe (mmBtu/hr). The cumulative maximum rated heat input capacity shall be determined as the sum of the maximum rated heat input capacities for all units served by the common pipe, excluding units less than 10 (mmBtu/hr).
(iii) The highest maximum rated heat input capacity of any unit served by the common pipe (mmBtu/hr).
(iv) The fuels combusted in the units during the reporting year.
(v) The methodology used to calculate the CO
(vi) If the any of the units burns both fossil fuels and biomass, the annual CO
(vii) Annual CO
(viii) Methodology start date.
(ix) Methodology end date.
(x) If applicable, the plant code (as defined in § 98.6).
(4) The following alternative reporting option applies to facilities at which a common liquid or gaseous fuel supply is shared between one or more large combustion units, such as boilers or combustion turbines (including units subject to subpart D of this part and other units subject to part 75 of this chapter) and small combustion sources, including, but not limited to, space heaters, hot water heaters, and lab burners. In this case, you may simplify reporting by attributing all of the GHG emissions from combustion of the shared fuel to the large combustion unit(s), provided that:
(i) The total quantity of the fuel combusted during the report year in the units sharing the fuel supply is measured, either at the “gate” to the facility or at a point inside the facility, using a fuel flow meter, billing meter, or tank drop measurements (as applicable);
(ii) On an annual basis, at least 95 percent (by mass or volume) of the shared fuel is combusted in the large combustion unit(s), and the remainder is combusted in the small combustion sources. Company records may be used to determine the percentage distribution of the shared fuel to the large and small units; and
(iii) The use of this reporting option is documented in the Monitoring Plan required under § 98.3(g)(5). Indicate in the Monitoring Plan which units share the common fuel supply and the method used to demonstrate that this alternative reporting option applies. For the small combustion sources, a description of the types of units and the approximate number of units is sufficient.
(d) Units subject to part 75 of this chapter. (1) For stationary combustion units that are subject to subpart D of this part, you shall report the following unit-level information:
(i) Unit or stack identification numbers. Use exact same unit, common stack, common pipe, or multiple stack identification numbers that represent the monitored locations (e.g., 1, 2, CS001, MS1A, CP001, etc.) that are reported under § 75.64 of this chapter.
(ii) Annual CO
(iii) Annual CH
(iv) The total heat input from each fuel listed in Table C-2 that was combusted during the year (except as otherwise provided in § 98.33(c)(4)(ii)(B)), expressed in mmBtu.
(v) Identification of the Part 75 methodology used to determine the CO
(vi) Methodology start date.
(vii) Methodology end date.
(viii) Acid Rain Program indicator.
(ix) Annual CO
(x) If applicable, the plant code (as defined in § 98.6).
(2) For units that use the alternative CO
(i) Unit, stack, or pipe ID numbers. Use exact same unit, common stack, common pipe, or multiple stack identification numbers that represent the monitored locations (e.g., 1, 2, CS001, MS1A, CP001, etc.) that are reported under § 75.64 of this chapter.
(ii) For units that use the alternative methods specified in § 98.33(a)(5)(i) and (ii) to monitor and report heat input data year-round according to appendix D to part 75 of this chapter or § 75.19 of this chapter:
(A) Each type of fuel combusted in the unit during the reporting year.
(B) The methodology used to calculate the CO
(C) Methodology start date.
(D) Methodology end date.
(E) A code or flag to indicate whether heat input is calculated according to appendix D to part 75 of this chapter or § 75.19 of this chapter.
(F) Annual CO
(G) Annual heat input from each type of fuel listed in Table C-2 of this subpart that was combusted during the reporting year, expressed in mmBtu.
(H) Annual CH
(I) Annual CO
(J) If applicable, the plant code (as defined in § 98.6).
(iii) For units with continuous monitoring systems that use the alternative method for units with continuous monitoring systems in § 98.33(a)(5)(iii) to monitor heat input year-round according to part 75 of this chapter:
(A) Each type of fuel combusted during the reporting year.
(B) Methodology used to calculate the CO
(C) Methodology start date.
(D) Methodology end date.
(E) A code or flag to indicate that the heat input data is derived from CEMS measurements.
(F) The total annual CO
(G) Annual heat input from each type of fuel listed in Table C-2 of this subpart that was combusted during the reporting year, expressed in mmBtu.
(H) Annual CH
(I) Annual CO
(J) If applicable, the plant code (as defined in § 98.6).
(e) Verification data. You must keep on file, in a format suitable for inspection and auditing, sufficient data to verify the reported GHG emissions. This data and information must, where indicated in this paragraph (e), be included in the annual GHG emissions report.
(1) The applicable verification data specified in this paragraph (e) are not required to be kept on file or reported for units that meet any one of the three following conditions:
(i) Are subject to the Acid Rain Program.
(ii) Use the alternative methods for units with continuous monitoring systems provided in § 98.33(a)(5).
(iii) Are not in the Acid Rain Program, but are required to monitor and report CO
(2) For stationary combustion sources using the Tier 1, Tier 2, Tier 3, and Tier 4 Calculation Methodologies in § 98.33(a) to quantify CO
(i) For the Tier 1 Calculation Methodology, report:
(A) The total quantity of each type of fuel combusted in the unit or group of aggregated units (as applicable) during the reporting year, in short tons for solid fuels, gallons for liquid fuels and standard cubic feet for gaseous fuels, or, if applicable, therms or mmBtu for natural gas.
(B) If applicable, the moisture content used to calculate the wood and wood residuals wet basis HHV for use in Equations C-1 and C-8 of this subpart, in percent.
(ii) For the Tier 2 Calculation Methodology, report:
(A) The total quantity of each type of fuel combusted in the unit or group of aggregated units (as applicable) during each month of the reporting year. Express the quantity of each fuel combusted during the measurement period in short tons for solid fuels, gallons for liquid fuels, and scf for gaseous fuels.
(B) The frequency of the HHV determinations (e.g., once a month, once per fuel lot).
(C) The high heat values used in the CO
(D) If Equation C-2c of this subpart is used to calculate CO
(E) For each HHV used in the CO
(iii) For the Tier 2 Calculation Methodology, keep records of the methods used to determine the HHV for each type of fuel combusted and the date on which each fuel sample was taken, except where fuel sampling data are received from the fuel supplier. In that case, keep records of the dates on which the results of the fuel analyses for HHV are received.
(iv) For the Tier 3 Calculation Methodology, report:
(A) The quantity of each type of fuel combusted in the unit or group of units (as applicable) during each month of the reporting year, in short tons for solid fuels, gallons for liquid fuels, and scf for gaseous fuels.
(B) The frequency of carbon content and, if applicable, molecular weight determinations for each type of fuel for the reporting year (e.g., daily, weekly, monthly, semiannually, once per fuel lot).
(C) The carbon content and, if applicable, gas molecular weight values used in the emission calculations (including both valid and substitute data values). For each calendar month of the reporting year in which carbon content and, if applicable, molecular weight determination is required, report a value of each parameter. If multiple values of a parameter are obtained in a given month, report the arithmetic average value for the month. Express carbon content as a decimal fraction for solid fuels, kg C per gallon for liquid fuels, and kg C per kg of fuel for gaseous fuels. Express the gas molecular weights in units of kg per kg-mole.
(D) The total number of valid carbon content determinations and, if applicable, molecular weight determinations made during the reporting year, for each fuel type.
(E) The number of substitute data values used for carbon content and, if applicable, molecular weight used in the annual GHG emissions calculations.
(F) The annual average HHV, when measured HHV data, rather than a default HHV from Table C-1 of this subpart, are used to calculate CH
(G) The value of the molar volume constant (MVC) used in Equation C-5 (if applicable).
(v) For the Tier 3 Calculation Methodology, keep records of the following:
(A) For liquid and gaseous fuel combustion, the dates and results of the initial calibrations and periodic recalibrations of the required fuel flow meters.
(B) For fuel oil combustion, the method from § 98.34(b) used to make tank drop measurements (if applicable).
(C) The methods used to determine the carbon content and (if applicable) the molecular weight of each type of fuel combusted.
(D) The methods used to calibrate the fuel flow meters).
(E) The date on which each fuel sample was taken, except where fuel sampling data are received from the fuel supplier. In that case, keep records of the dates on which the results of the fuel analyses for carbon content and (if applicable) molecular weight are received.
(vi) For the Tier 4 Calculation Methodology, report:
(A) The total number of source operating hours in the reporting year.
(B) The cumulative CO
(C) For CO
(vii) For the Tier 4 Calculation Methodology, keep records of:
(A) Whether the CEMS certification and quality assurance procedures of part 75 of this chapter, part 60 of this chapter, or an applicable State continuous monitoring program were used.
(B) The dates and results of the initial certification tests of the CEMS.
(C) The dates and results of the major quality assurance tests performed on the CEMS during the reporting year, i.e., linearity checks, cylinder gas audits, and relative accuracy test audits (RATAs).
(viii) If CO
(A) The total amount of sorbent used during the report year, in short tons.
(B) The molecular weight of the sorbent.
(C) The ratio (“R”) in Equation C-11 of this subpart.
(ix) For units that combust both fossil fuel and biomass, when biogenic CO
(A) The annual volume of CO
(B) The annual volume of CO
(C) The annual volume of CO
(D) The carbon-based F-factor used in Equation C-13 of this subpart, for each type of fossil fuel combusted, in scf CO
(E) The annual average HHV value used in Equation C-13 of this subpart, for each type of fossil fuel combusted, in Btu/lb, Btu/gal, or Btu/scf, as appropriate.
(F) The total quantity of each type of fossil fuel combusted during the reporting year, in lb, gallons, or scf, as appropriate.
(G) Annual biogenic CO
(x) When ASTM methods D7459-08 and D6866-16 (both incorporated by reference, see § 98.7) are used to determine the biogenic portion of the annual CO
(A) The results of each quarterly sample analysis, expressed as a decimal fraction (e.g., if the biogenic fraction of the CO
(B) The annual biogenic CO
(xi) When ASTM methods D7459-08 and D6866-16 (both incorporated by reference, see § 98.7) are used in accordance with § 98.34(e) to determine the biogenic portion of the annual CO
(3) Within 30 days of receipt of a written request from the Administrator, you shall submit explanations of the following:
(i) An explanation of how company records are used to quantify fuel consumption, if the Tier 1 or Tier 2 Calculation Methodology is used to calculate CO
(ii) An explanation of how company records are used to quantify fuel consumption, if solid fuel is combusted and the Tier 3 Calculation Methodology is used to calculate CO
(iii) An explanation of how sorbent usage is quantified.
(iv) An explanation of how company records are used to quantify fossil fuel consumption in units that uses CEMS to quantify CO
(v) An explanation of how company records are used to measure steam production, when it is used to calculate CO
(4) Within 30 days of receipt of a written request from the Administrator, you shall submit the verification data and information described in paragraphs (e)(2)(iii), (e)(2)(v), and (e)(2)(vii) of this section.
(f) Each stationary fuel combustion source (e.g., individual unit, aggregation of units, common pipe, or common stack) subject to reporting under paragraph (b) or (c) of this section must indicate if both of the following two conditions are met:
(1) The stationary fuel combustion source contains at least one combustion unit connected to a fuel-fired electric generator owned or operated by an entity that is subject to regulation of customer billing rates by the public utility commission (excluding generators that are connected to combustion units that are subject to subpart D of this part).
(2) The stationary fuel combustion source is located at a facility for which the sum of the nameplate capacities for all electric generators specified in paragraph (f)(1) of this section is greater than or equal to 1 megawatt electric output.
§ 98.37 Records that must be retained.
In addition to the requirements of § 98.3(g), you must retain:
(a) The applicable records specified in §§ 98.34(f), 98.35(b), and 98.36(e).
(b) Verification software records. For each stationary fuel combustion source that elects to use the verification software specified in § 98.5(b) rather than report data specified in paragraphs (b)(9)(iii), (c)(2)(ix), (e)(2)(i), (e)(2)(ii)(A), (e)(2)(ii)(C), (e)(2)(ii)(D), (e)(2)(iv)(A), (e)(2)(iv)(C), (e)(2)(iv)(F), and (e)(2)(ix)(D) through (F) of this section, you must keep a record of the file generated by the verification software for the applicable data specified in paragraphs (b)(1) through (36) of this section. Retention of this file satisfies the recordkeeping requirement for the data in paragraphs (b)(1) through (36) of this section.
(1) Mass of each solid fuel combusted (tons/year) (Equation C-1 of § 98.33).
(2) Volume of each liquid fuel combusted (gallons/year) (Equation C-1).
(3) Volume of each gaseous fuel combusted (scf/year) (Equation C-1).
(4) Annual natural gas usage (therms/year) (Equation C-1a of § 98.33).
(5) Annual natural gas usage (mmBtu/year) (Equation C-1b of § 98.33).
(6) Mass of each solid fuel combusted (tons/year) (Equation C-2a of § 98.33).
(7) Volume of each liquid fuel combusted (gallons/year) (Equation C-2a).
(8) Volume of each gaseous fuel combusted (scf/year) (Equation C-2a).
(9) Measured high heat value of each solid fuel, for month (which may be the arithmetic average of multiple determinations), or, if applicable, an appropriate substitute data value (mmBtu per ton) (Equation C-2b of § 98.33).
(10) Measured high heat value of each liquid fuel, for month (which may be the arithmetic average of multiple determinations), or, if applicable, an appropriate substitute data value (mmBtu per gallons) (Equation C-2b).
(11) Measured high heat value of each gaseous fuel, for month (which may be the arithmetic average of multiple determinations), or, if applicable, an appropriate substitute data value (mmBtu per scf) (Equation C-2b).
(12) Mass of each solid fuel combusted during month (tons) (Equation C-2b).
(13) Volume of each liquid fuel combusted during month (gallons) (Equation C-2b).
(14) Volume of each gaseous fuel combusted during month (scf) (Equation C-2b).
(15) Total mass of steam generated by municipal solid waste or each solid fuel combustion during the reporting year (pounds steam) (Equation C-2c of § 98.33).
(16) Ratio of the boiler’s maximum rated heat input capacity to its design rated steam output capacity (MMBtu/pounds steam) (Equation C-2c).
(17) Annual mass of each solid fuel combusted (short tons/year) (Equation C-3 of § 98.33).
(18) Annual average carbon content of each solid fuel (percent by weight, expressed as a decimal fraction) (Equation C-3).
(19) Annual volume of each liquid fuel combusted (gallons/year) (Equation C-4 of § 98.33).
(20) Annual average carbon content of each liquid fuel (kg C per gallon of fuel) (Equation C-4).
(21) Annual volume of each gaseous fuel combusted (scf/year) (Equation C-5 of § 98.33).
(22) Annual average carbon content of each gaseous fuel (kg C per kg of fuel) (Equation C-5).
(23) Annual average molecular weight of each gaseous fuel (kg/kg-mole) (Equation C-5).
(24) Molar volume conversion factor at standard conditions, as defined in § 98.6 (scf per kg-mole) (Equation C-5).
(25) Identify for each fuel if you will use the default high heat value from Table C-1 of this subpart, or actual high heat value data (Equation C-8 of § 98.33).
(26) High heat value of each solid fuel (mmBtu/tons) (Equation C-8).
(27) High heat value of each liquid fuel (mmBtu/gallon) (Equation C-8).
(28) High heat value of each gaseous fuel (mmBtu/scf) (Equation C-8).
(29) Cumulative annual heat input from combustion of each fuel (mmBtu) (Equation C-10 of § 98.33).
(30) Total quantity of each solid fossil fuel combusted in the reporting year, as defined in § 98.6 (pounds) (Equation C-13 of § 98.33).
(31) Total quantity of each liquid fossil fuel combusted in the reporting year, as defined in § 98.6 (gallons) (Equation C-13).
(32) Total quantity of each gaseous fossil fuel combusted in the reporting year, as defined in § 98.6 (scf) (Equation C-13).
(33) High heat value of the each solid fossil fuel (Btu/lb) (Equation C-13).
(34) High heat value of the each liquid fossil fuel (Btu/gallons) (Equation C-13).
(35) High heat value of the each gaseous fossil fuel (Btu/scf) (Equation C-13).
(36) Fuel-specific carbon based F-factor per fuel (scf CO
(37) Moisture content used to calculate the wood and wood residuals wet basis HHV (percent), if applicable (Equations C-1 and C-8 of this subpart).
§ 98.38 Definitions.
All terms used in this subpart have the same meaning given in the Clean Air Act and subpart A of this part.
Table C-1 to Subpart C of Part 98 – Default CO2 Emission Factors and High Heat Values for Various Types of Fuel
Default CO
| Fuel type | Default high heat value | Default CO emission factor |
|---|---|---|
| Coal and coke | mmBtu/short ton | kg CO |
| Anthracite | 25.09 | 103.69 |
| Bituminous | 24.93 | 93.28 |
| Subbituminous | 17.25 | 97.17 |
| Lignite | 14.21 | 97.72 |
| Coal Coke | 24.80 | 113.67 |
| Mixed (Commercial sector) | 21.39 | 94.27 |
| Mixed (Industrial coking) | 26.28 | 93.90 |
| Mixed (Industrial sector) | 22.35 | 94.67 |
| Mixed (Electric Power sector) | 19.73 | 95.52 |
| Natural gas | mmBtu/scf | kg CO |
| (Weighted U.S. Average) | 1.026 × 10 | 53.06 |
| Petroleum products – liquid | mmBtu/gallon | kg CO |
| Distillate Fuel Oil No. 1 | 0.139 | 73.25 |
| Distillate Fuel Oil No. 2 | 0.138 | 73.96 |
| Distillate Fuel Oil No. 4 | 0.146 | 75.04 |
| Residual Fuel Oil No. 5 | 0.140 | 72.93 |
| Residual Fuel Oil No. 6 | 0.150 | 75.10 |
| Used Oil | 0.138 | 74.00 |
| Kerosene | 0.135 | 75.20 |
| Liquefied petroleum gases (LPG) 1 | 0.092 | 61.71 |
| Propane 1 | 0.091 | 62.87 |
| Propylene 2 | 0.091 | 67.77 |
| Ethane 1 | 0.068 | 59.60 |
| Ethanol | 0.084 | 68.44 |
| Ethylene 2 | 0.058 | 65.96 |
| Isobutane 1 | 0.099 | 64.94 |
| Isobutylene 1 | 0.103 | 68.86 |
| Butane 1 | 0.103 | 64.77 |
| Butylene 1 | 0.105 | 68.72 |
| Naphtha ( | 0.125 | 68.02 |
| Natural Gasoline | 0.110 | 66.88 |
| Other Oil (>401 deg F) | 0.139 | 76.22 |
| Pentanes Plus | 0.110 | 70.02 |
| Petrochemical Feedstocks | 0.125 | 71.02 |
| Special Naphtha | 0.125 | 72.34 |
| Unfinished Oils | 0.139 | 74.54 |
| Heavy Gas Oils | 0.148 | 74.92 |
| Lubricants | 0.144 | 74.27 |
| Motor Gasoline | 0.125 | 70.22 |
| Aviation Gasoline | 0.120 | 69.25 |
| Kerosene-Type Jet Fuel | 0.135 | 72.22 |
| Asphalt and Road Oil | 0.158 | 75.36 |
| Crude Oil | 0.138 | 74.54 |
| Petroleum products – solid | mmBtu/short ton | kg CO |
| Petroleum Coke | 30.00 | 102.41. |
| Petroleum products – gaseous | mmBtu/scf | kg CO |
| Propane Gas | 2.516 × 10 | 61.46. |
| Other fuels – solid | mmBtu/short ton | kg CO |
| Municipal Solid Waste | 9.95 3 | 90.7 |
| Tires | 28.00 | 85.97 |
| Plastics | 38.00 | 75.00 |
| Other fuels – gaseous | mmBtu/scf | kg CO |
| Blast Furnace Gas | 0.092 × 10 | 274.32 |
| Coke Oven Gas | 0.599 × 10 | 46.85 |
| Fuel Gas 4 | 1.388 × 10 | 59.00 |
| Biomass fuels – solid | mmBtu/short ton | kg CO |
| Wood and Wood Residuals (dry basis) 5 | 17.48 | 93.80 |
| Agricultural Byproducts | 8.25 | 118.17 |
| Peat | 8.00 | 111.84 |
| Solid Byproducts | 10.39 | 105.51 |
| Biomass fuels – gaseous | mmBtu/scf | kg CO |
| Landfill Gas | 0.485 × 10 | 52.07 |
| Other Biomass Gases | 0.655 × 10 | 52.07 |
| Biomass Fuels – Liquid | mmBtu/gallon | kg CO |
| Ethanol | 0.084 | 68.44 |
| Biodiesel (100%) | 0.128 | 73.84 |
| Rendered Animal Fat | 0.125 | 71.06 |
| Vegetable Oil | 0.120 | 81.55 |
1 The HHV for components of LPG determined at 60 °F and saturation pressure with the exception of ethylene.
2 Ethylene HHV determined at 41 °F (5 °C) and saturation pressure.
3 Use of this default HHV is allowed only for: (a) Units that combust MSW, do not generate steam, and are allowed to use Tier 1; (b) units that derive no more than 10 percent of their annual heat input from MSW and/or tires; and (c) small batch incinerators that combust no more than 1,000 tons of MSW per year.
4 Reporters subject to subpart X of this part that are complying with § 98.243(d) or subpart Y of this part may only use the default HHV and the default CO
5 Use the following formula to calculate a wet basis HHV for use in Equation C-1: HHV
Table C-2 to Subpart C of Part 98 – Default CH4 and N2 O Emission Factors for Various Types of Fuel
| Fuel type | Default CH | Default N |
|---|---|---|
| Coal and Coke (All fuel types in Table C-1) | 1.1 × 10 | 1.6 × 10 |
| Natural Gas | 1.0 × 10 | 1.0 × 10 |
| Petroleum Products (All fuel types in Table C-1) | 3.0 × 10 | 6.0 × 10 |
| Fuel Gas | 3.0 × 10 | 6.0 × 10 |
| Other Fuels – Solid | 3.2 × 10 | 4.2 × 10 |
| Blast Furnace Gas | 2.2 × 10 | 1.0 × 10 |
| Coke Oven Gas | 4.8 × 10 | 1.0 × 10 |
| Biomass Fuels – Solid (All fuel types in Table C-1, except wood and wood residuals) | 3.2 × 10 | 4.2 × 10 |
| Wood and wood residuals | 7.2 × 10 | 3.6 × 10 |
| Biomass Fuels – Gaseous (All fuel types in Table C-1) | 3.2 × 10 | 6.3 × 10 |
| Biomass Fuels – Liquid (All fuel types in Table C-1) | 1.1 × 10 | 1.1 × 10 |
Note: Those employing this table are assumed to fall under the IPCC definitions of the “Energy Industry” or “Manufacturing Industries and Construction”. In all fuels except for coal the values for these two categories are identical. For coal combustion, those who fall within the IPCC “Energy Industry” category may employ a value of 1g of CH
Subpart D – Electricity Generation
§ 98.40 Definition of the source category.
(a) The electricity generation source category comprises electricity generating units that are subject to the requirements of the Acid Rain Program and any other electricity generating units that are required to monitor and report to EPA CO
(b) This source category does not include portable equipment, emergency equipment, or emergency generators, as defined in § 98.6.
§ 98.41 Reporting threshold.
You must report GHG emissions under this subpart if your facility contains one or more electricity generating units and the facility meets the requirements of § 98.2(a)(1).
§ 98.42 GHGs to report.
(a) For each electricity generating unit that is subject to the requirements of the Acid Rain Program or is otherwise required to monitor and report to EPA CO
(b) For each electricity generating unit that is not subject to the Acid Rain Program or otherwise required to monitor and report to EPA CO
(c) For each stationary fuel combustion unit that does not generate electricity, you must report under subpart C of this part (General Stationary Fuel Combustion Sources) the emissions of CO
§ 98.43 Calculating GHG emissions.
(a) Except as provided in paragraph (b) of this section, continue to monitor and report CO
(1) Convert the cumulative annual CO
(2) Calculate and report annual CH
(b) Calculate and report biogenic CO
§ 98.44 Monitoring and QA/QC requirements.
Follow the applicable quality assurance procedures for CO
§ 98.45 Procedures for estimating missing data.
Follow the applicable missing data substitution procedures in 40 CFR part 75 for CO
§ 98.46 Data reporting requirements.
The annual report shall comply with the data reporting requirements specified in § 98.36(d)(1).
§ 98.47 Records that must be retained.
You shall comply with the recordkeeping requirements of §§ 98.3(g) and 98.37. Records retained under § 75.57(h) of this chapter for missing data events satisfy the recordkeeping requirements of § 98.3(g)(4) for those same events.
§ 98.48 Definitions.
All terms used in this subpart have the same meaning given in the Clean Air Act and subpart A of this part.
Subpart E – Adipic Acid Production
§ 98.50 Definition of source category.
The adipic acid production source category consists of all adipic acid production facilities that use oxidation to produce adipic acid.
§ 98.51 Reporting threshold.
You must report GHG emissions under this subpart if your facility contains an adipic acid production process and the facility meets the requirements of either § 98.2(a)(1) or (2).
§ 98.52 GHGs to report.
(a) You must report N
(b) You must report under subpart C of this part (General Stationary Fuel Combustion Sources) the emissions of CO
§ 98.53 Calculating GHG emissions.
(a) You must determine annual N
(1) Use a site-specific emission factor and production data according to paragraphs (b) through (i) of this section.
(2) Request Administrator approval for an alternative method of determining N
(i) If you received Administrator approval for an alternative method of determining N
(ii) You must notify the EPA of your use of a previously approved alternative method in your annual report.
(iii) Otherwise, you must submit the request within 45 days following promulgation of this subpart or within the first 30 days of each subsequent reporting year.
(iv) If the Administrator does not approve your requested alternative method within 150 days of the end of the reporting year, you must determine the N
(b) You must conduct an annual performance test according to paragraphs (b)(1) through (3) of this section.
(1) You must conduct the test on the vent stream from the nitric acid oxidation step of the process, referred to as the test point, according to the methods specified in § 98.54(b) through (f). If multiple adipic acid production units exhaust to a common abatement technology and/or emission point, you must sample each process in the ducts before the emissions are combined, sample each process when only one process is operating, or sample the combined emissions when multiple processes are operating and base the site-specific emission factor on the combined production rate of the multiple adipic acid production units.
(2) You must conduct the performance test under normal process operating conditions.
(3) You must measure the adipic acid production rate during the test and calculate the production rate for the test period in tons per hour.
(c) Using the results of the performance test in paragraph (b) of this section, you must calculate an emission factor for each adipic acid unit according to Equation E-1 of this section:
(d) If the adipic acid production unit exhausts to any N