Last updated on December 1st, 2024 at 08:09 am
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.