{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 96 and title_number = 40 sorted by section_id", "rows": [["40:40:22.0.1.1.12.1.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.1 Purpose.", "EPA", "", "", "", "This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the NO X  Budget Trading Program for State implementation plans as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor. The owner or operator of a unit, or any other person, shall comply with requirements of this part as a matter of federal law only to the extent a State that has jurisdiction over the unit incorporates by reference provisions of this part, or otherwise adopts such requirements of this part, and requires compliance, the State submits to the Administrator a State implementation plan including such adoption and such compliance requirement, and the Administrator approves the portion of the State implementation plan including such adoption and such compliance requirement. To the extent a State adopts requirements of this part, including at a minimum the requirements of subpart A (except for \u00a7 96.4(b)), subparts B through D, subpart F (except for \u00a7 96.55(c)), and subparts G and H of this part, the State authorizes the Administrator to assist the State in implementing the NO X  Budget Trading Program by carrying out the functions set forth for the Administrator in such requirements."], ["40:40:22.0.1.1.12.1.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.2 Definitions.", "EPA", "", "", "", "The terms used in this part shall have the meanings set forth in this section as follows:\n\nAccount certificate of representation  means the completed and signed submission required by subpart B of this part for certifying the designation of a NO X  authorized account representative for a NO X  Budget source or a group of identified NO X  Budget sources who is authorized to represent the owners and operators of such source or sources and of the NO X  Budget units at such source or sources with regard to matters under the NO X  Budget Trading Program.\n\nAccount number  means the identification number given by the Administrator to each NO X  Allowance Tracking System account.\n\nAcid Rain emissions limitation  means, as defined in \u00a7 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 CAA.\n\nAdministrator  means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.\n\nAllocate  or  allocation  means the determination by the permitting authority or the Administrator of the number of NO X  allowances to be initially credited to a NO X  Budget unit or an allocation set-aside.\n\nAutomated 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.\n\nBoiler  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.\n\nCAA  means the CAA, 42 U.S.C. 7401,  et seq.,  as amended by Pub. L. No. 101-549 (November 15, 1990).\n\nCombined 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.\n\nCombustion 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.\n\nCommence 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 \u00a7 96.5, for a unit that is a NO X  Budget unit under \u00a7 96.4 on the date the unit commences commercial operation, such date shall remain the unit's date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in \u00a7 96.5 or subpart I of this part, for a unit that is not a NO X  Budget unit under \u00a7 96.4 on the date the unit commences commercial operation, the date the unit becomes a NO X  Budget unit under \u00a7 96.4 shall be the unit's date of commencement of commercial operation.\n\nCommence 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 \u00a7 96.5, for a unit that is a NO X  Budget unit under \u00a7 96.4 on the date of commencement of operation, such date shall remain the unit's date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered. Except as provided in \u00a7 96.5 or subpart I of this part, for a unit that is not a NO X  Budget unit under \u00a7 96.4 on the date of commencement of operation, the date the unit becomes a NO X  Budget unit under \u00a7 96.4 shall be the unit's date of commencement of operation.\n\nCommon stack  means a single flue through which emissions from two or more units are exhausted.\n\nCompliance account  means a NO X  Allowance Tracking System account, established by the Administrator for a NO X  Budget unit under subpart F of this part, in which the NO X  allowance allocations for the unit are initially recorded and in which are held NO X  allowances available for use by the unit for a control period for the purpose of meeting the unit's NO X  Budget emissions limitation.\n\nCompliance certification  means a submission to the permitting authority or the Administrator, as appropriate, that is required under subpart D of this part to report a NO X  Budget source's or a NO X  Budget unit's compliance or noncompliance with this part and that is signed by the NO X  authorized account representative in accordance with subpart B of this part.\n\nContinuous emission monitoring system  or  CEMS  means the equipment required under subpart H of this part to sample, analyze, measure, and provide, by readings taken at least once every 15 minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with part 75 of this chapter, in a continuous emission monitoring system:\n\n(1) Flow monitor;\n\n(2) Nitrogen oxides pollutant concentration monitors;\n\n(3) Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required by subpart H of this part;\n\n(4) A continuous moisture monitor when such monitoring is required by subpart H of this part; and\n\n(5) An automated data acquisition and handling system.\n\nControl period  means the period beginning May 1 of a year and ending on September 30 of the same year, inclusive.\n\nEmissions  means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the NO X  authorized account representative and as determined by the Administrator in accordance with subpart H of this part.\n\nEnergy Information Administration  means the Energy Information Administration of the United States Department of Energy.\n\nExcess emissions  means any tonnage of nitrogen oxides emitted by a NO X  Budget unit during a control period that exceeds the NO X  Budget emissions limitation for the unit.\n\nFossil fuel  means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.\n\nFossil fuel-fired  means, with regard to a unit:\n\n(1) 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 any year starting in 1995 or, if a unit had no heat input starting in 1995, during the last year of operation of the unit prior to 1995; or\n\n(2) The combustion 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 \u201cfossil fuel-fired\u201d as of the date, during such year, on which the unit begins combusting fossil fuel.\n\nGeneral account  means a NO X  Allowance Tracking System account, established under subpart F of this part, that is not a compliance account or an overdraft account.\n\nGenerator  means a device that produces electricity.\n\nHeat input  means the product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time), as measured, recorded, and reported to the Administrator by the NO X  authorized account representative and as determined by the Administrator in accordance with subpart H of this part, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other sources.\n\nLife-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:\n\n(1) For the life of the unit;\n\n(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or\n\n(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.\n\nMaximum design heat input  means the ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.\n\nMaximum potential hourly heat input  means an hourly heat input 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 2 ) or the minimum oxygen concentration (in percent O 2 ).\n\nMaximum potential NO X   emission rate  means the emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with section 3 of appendix F of part 75 of this chapter, using the maximum potential nitrogen oxides concentration as defined in section 2 of appendix A of part 75 of this chapter, and either the maximum oxygen concentration (in percent O 2 ) or the minimum carbon dioxide concentration (in percent CO 2 ), under all operating conditions of the unit except for unit start up, shutdown, and upsets.\n\nMaximum rated hourly heat input  means a unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer's maximum rated hourly heat input or the highest observed hourly heat input.\n\nMonitoring 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.\n\nMost stringent State or Federal NO X   emissions limitation  means, with regard to a NO X  Budget opt-in source, the lowest NO X  emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.\n\nNameplate 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.\n\nNon-title V permit  means a federally enforceable permit administered by the permitting authority pursuant to the CAA and regulatory authority under the CAA, other than title V of the CAA and part 70 or 71 of this chapter.\n\nNO X   allowance  means an authorization by the permitting authority or the Administrator under the NO X  Budget Trading Program to emit up to one ton of nitrogen oxides during the control period of the specified year or of any year thereafter.\n\nNO X   allowance deduction  or  deduct NO X   allowances  means the permanent withdrawal of NO X  allowances by the Administrator from a NO X  Allowance Tracking System compliance account or overdraft account to account for the number of tons of NO X  emissions from a NO X  Budget unit for a control period, determined in accordance with subpart H of this part, or for any other allowance surrender obligation under this part.\n\nNO X   allowances held  or  hold NO X   allowances  means the NO X  allowances recorded by the Administrator, or submitted to the Administrator for recordation, in accordance with subparts F and G of this part, in a NO X  Allowance Tracking System account.\n\nNO X   Allowance Tracking System  means the system by which the Administrator records allocations, deductions, and transfers of NO X  allowances under the NO X  Budget Trading Program.\n\nNO X   Allowance Tracking System account  means an account in the NO X  Allowance Tracking System established by the Administrator for purposes of recording the allocation, holding, transferring, or deducting of NO X  allowances.\n\nNO X   allowance transfer deadline  means midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which NO X  allowances may be submitted for recordation in a NO X  Budget unit's compliance account, or the overdraft account of the source where the unit is located, in order to meet the unit's NO X  Budget emissions limitation for the control period immediately preceding such deadline.\n\nNO X   authorized account representative  means, for a NO X  Budget source or NO X  Budget unit at the source, the natural person who is authorized by the owners and operators of the source and all NO X  Budget units at the source, in accordance with subpart B of this part, to represent and legally bind each owner and operator in matters pertaining to the NO X  Budget Trading Program or, for a general account, the natural person who is authorized, in accordance with subpart F of this part, to transfer or otherwise dispose of NO X  allowances held in the general account.\n\nNO X   Budget emissions limitation  means, for a NO X  Budget unit, the tonnage equivalent of the NO X  allowances available for compliance deduction for the unit and for a control period under \u00a7 96.54(a) and (b), adjusted by any deductions of such NO X  allowances to account for actual utilization under \u00a7 96.42(e) for the control period or to account for excess emissions for a prior control period under \u00a7 96.54(d) or to account for withdrawal from the NO X  Budget Program, or for a change in regulatory status, for a NO X  Budget opt-in source under \u00a7 96.86 or \u00a7 96.87.\n\nNO X   Budget opt-in permit  means a NO X  Budget permit covering a NO X  Budget opt-in source.\n\nNO X   Budget opt-in source  means a unit that has been elected to become a NO X  Budget unit under the NO X  Budget Trading Program and whose NO X  Budget opt-in permit has been issued and is in effect under subpart I of this part.\n\nNO X   Budget permit  means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under this part, including any permit revisions, specifying the NO X  Budget Trading Program requirements applicable to a NO X  Budget source, to each NO X  Budget unit at the NO X  Budget source, and to the owners and operators and the NO X  authorized account representative of the NO X  Budget source and each NO X  Budget unit.\n\nNO X   Budget source  means a source that includes one or more NO X  Budget units.\n\nNO X   Budget Trading Program  means a multi-state nitrogen oxides air pollution control and emission reduction program established in accordance with this part and pursuant to \u00a7 51.121 of this chapter, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.\n\nNO X   Budget unit  means a unit that is subject to the NO X  Budget Trading Program emissions limitation under \u00a7 96.4 or \u00a7 96.80.\n\nOperating  means, with regard to a unit under \u00a7\u00a7 96.22(d)(2) and 96.80, having documented heat input for more than 876 hours in the 6 months immediately preceding the submission of an application for an initial NO X  Budget permit under \u00a7 96.83(a).\n\nOperator  means any person who operates, controls, or supervises a NO X  Budget unit, a NO X  Budget source, or unit for which an application for a NO X  Budget opt-in permit under \u00a7 96.83 is submitted and not denied or withdrawn and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.\n\nOpt-in  means to be elected to become a NO X  Budget unit under the NO X  Budget Trading Program through a final, effective NO X  Budget opt-in permit under subpart I of this part.\n\nOverdraft account  means the NO X  Allowance Tracking System account, established by the Administrator under subpart F of this part, for each NO X  Budget source where there are two or more NO X  Budget units.\n\nOwner  means any of the following persons:\n\n(1) Any holder of any portion of the legal or equitable title in a NO X  Budget unit or in a unit for which an application for a NO X  Budget opt-in permit under \u00a7 96.83 is submitted and not denied or withdrawn; or\n\n(2) Any holder of a leasehold interest in a NO X  Budget unit or in a unit for which an application for a NO X  Budget opt-in permit under \u00a7 96.83 is submitted and not denied or withdrawn; or\n\n(3) Any purchaser of power from a NO X  Budget unit or from a unit for which an application for a NO X  Budget opt-in permit under \u00a7 96.83 is submitted and not denied or withdrawn under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from the NO X  Budget unit or the unit for which an application for a NO X  Budget opt-in permit under \u00a7 96.83 is submitted and not denied or withdrawn; or\n\n(4) With respect to any general account, any person who has an ownership interest with respect to the NO X  allowances held in the general account and who is subject to the binding agreement for the NO X  authorized account representative to represent that person's ownership interest with respect to NO X  allowances.\n\nPermitting 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 X  Budget Trading Program in accordance with subpart C of this part.\n\nReceive 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.\n\nRecordation, record, or recorded  means, with regard to NO X  allowances, the movement of NO X  allowances by the Administrator from one NO X  Allowance Tracking System account to another, for purposes of allocation, transfer, or deduction.\n\nReference 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.\n\nSerial number  means, when referring to NO X  allowances, the unique identification number assigned to each NO X  allowance by the Administrator, under \u00a7 96.53(c).\n\nSource  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 CAA. For purposes of section 502(c) of the CAA, a \u201csource,\u201d including a \u201csource\u201d with multiple units, shall be considered a single \u201cfacility.\u201d\n\nState  means one of the 48 contiguous States and the District of Columbia specified in \u00a7 51.121 of this chapter, or any non-federal authority in or including such States or the District of Columbia (including local agencies, and Statewide agencies) or any eligible Indian tribe in an area of such State or the District of Columbia, that adopts a NO X  Budget Trading Program pursuant to \u00a7 51.121 of this chapter. To the extent a State incorporates by reference the provisions of this part, the term \u201cState\u201d shall mean the incorporating State. The term \u201cState\u201d shall have its conventional meaning where such meaning is clear from the context.\n\nState trading program budget  means the total number of NO X  tons apportioned to all NO X  Budget units in a given State, in accordance with the NO X  Budget Trading Program, for use in a given control period.\n\nSubmit or serve  means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:\n\n(1) In person;\n\n(2) By United States Postal Service; or\n\n(3) By other means of dispatch or transmission and delivery. Compliance with any \u201csubmission,\u201d \u201cservice,\u201d or \u201cmailing\u201d deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.\n\nTitle V operating permit  means a permit issued under title V of the CAA and part 70 or part 71 of this chapter.\n\nTitle V operating permit regulations  means the regulations that the Administrator has approved or issued as meeting the requirements of title V of the CAA and part 70 or 71 of this chapter.\n\nTon or tonnage  means any \u201cshort ton\u201d (i.e., 2,000 pounds). For the purpose of determining compliance with the NO X  Budget emissions limitation, total tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with subpart H of this part, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed to equal zero tons.\n\nUnit  means a fossil fuel-fired stationary boiler, combustion turbine, or combined cycle system.\n\nUnit load  means the total (i.e., gross) output of a unit in any control period (or other specified time period) produced by combusting a given heat input of fuel, expressed in terms of:\n\n(1) The total electrical generation (MWe) produced by the unit, including generation for use within the plant; or\n\n(2) In the case of a unit that uses heat input for purposes other than electrical generation, the total steam pressure (psia) produced by the unit, including steam for use by the unit.\n\nUnit operating day  means a calendar day in which a unit combusts any fuel.\n\nUnit operating hour  or  hour of unit operation  means any hour (or fraction of an hour) during which a unit combusts any fuel.\n\nUtilization  means the heat input (expressed in mmBtu/time) for a unit. The unit's total heat input for the control period in each year will be determined in accordance with part 75 of this chapter if the NO X  Budget unit was otherwise subject to the requirements of part 75 of this chapter for the year, or will be based on the best available data reported to the Administrator for the unit if the unit was not otherwise subject to the requirements of part 75 of this chapter for the year."], ["40:40:22.0.1.1.12.1.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.3 Measurements, abbreviations, and acronyms.", "EPA", "", "", "", "Measurements, abbreviations, and acronyms used in this part are defined as follows:\n\nBtu\u2014British thermal unit.\n \n hr\u2014hour.\n \n Kwh\u2014kilowatt hour.\n \n lb\u2014pounds.\n \n mmBtu\u2014million Btu.\n \n MWe\u2014megawatt electrical.\n \n ton\u20142000 pounds.\n \n CO 2 \u2014carbon dioxide.\n \n NO X \u2014nitrogen oxides.\n \n O 2 \u2014oxygen.\n\nBtu\u2014British thermal unit.\n\nhr\u2014hour.\n\nKwh\u2014kilowatt hour.\n\nlb\u2014pounds.\n\nmmBtu\u2014million Btu.\n\nMWe\u2014megawatt electrical.\n\nton\u20142000 pounds.\n\nCO 2 \u2014carbon dioxide.\n\nNO X \u2014nitrogen oxides.\n\nO 2 \u2014oxygen."], ["40:40:22.0.1.1.12.1.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.4 Applicability.", "EPA", "", "", "", "(a) The following units in a State shall be NO X  Budget units, and any source that includes one or more such units shall be a NO X  Budget source, subject to the requirements of this part:\n\n(1) Any unit that, any time on or after January 1, 1995, serves a generator with a nameplate capacity greater than 25 MWe and sells any amount of electricity; or\n\n(2) Any unit that is not a unit under paragraph (a) of this section and that has a maximum design heat input greater than 250 mmBtu/hr.\n\n(b) Notwithstanding paragraph (a) of this section, a unit under paragraph (a) of this section shall be subject only to the requirements of this paragraph (b) if the unit has a federally enforceable permit that meets the requirements of paragraph (b)(1) of this section and restricts the unit to burning only natural gas or fuel oil during a control period in 2003 or later and each control period thereafter and restricts the unit's operating hours during each such control period to the number of hours (determined in accordance with paragraph (b)(1)(ii) and (iii) of this section) that limits the unit's potential NO X  mass emissions for the control period to 25 tons or less. Notwithstanding paragraph (a) of this section, starting with the effective date of such federally enforceable permit, the unit shall not be a NO X  Budget unit.\n\n(1) For each control period under paragraph (b) of this section, the federally enforceable permit must:\n\n(i) Restrict the unit to burning only natural gas or fuel oil.\n\n(ii) Restrict the unit's operating hours to the number calculated by dividing 25 tons of potential NO X  mass emissions by the unit's maximum potential hourly NO X  mass emissions.\n\n(iii) Require that the unit's potential NO X  mass emissions shall be calculated as follows:\n\n(A) Select the default NO X  emission rate in Table 2 of \u00a7 75.19 of this chapter that would otherwise be applicable assuming that the unit burns only the type of fuel (i.e., only natural gas or only fuel oil) that has the highest default NO X  emission factor of any type of fuel that the unit is allowed to burn under the fuel use restriction in paragraph (b)(1)(i) of this section; and\n\n(B) Multiply the default NO X  emission rate under paragraph (b)(1)(iii)(A) of this section by the unit's maximum rated hourly heat input. The owner or operator of the unit may petition the permitting authority to use a lower value for the unit's maximum rated hourly heat input than the value as defined under \u00a7 96.2. The permitting authority may approve such lower value if the owner or operator demonstrates that the maximum hourly heat input specified by the manufacturer or the highest observed hourly heat input, or both, are not representative, and that such lower value is representative, of the unit's current capabilities because modifications have been made to the unit, limiting its capacity permanently.\n\n(iv) Require that the owner or operator of the unit shall retain at the source that includes the unit, for 5 years, records demonstrating that the operating hours restriction, the fuel use restriction, and the other requirements of the permit related to these restrictions were met.\n\n(v) Require that the owner or operator of the unit shall report the unit's hours of operation (treating any partial hour of operation as a whole hour of operation) during each control period to the permitting authority by November 1 of each year for which the unit is subject to the federally enforceable permit.\n\n(2) The permitting authority that issues the federally enforceable permit with the fuel use restriction under paragraph (b)(1)(i) and the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section will notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority includes such restrictions. The permitting authority will also notify the Administrator in writing of each unit under paragraph (a) of this section whose federally enforceable permit issued by the permitting authority is revised to remove any such restriction, whose federally enforceable permit issued by the permitting authority includes any such restriction that is no longer applicable, or which does not comply with any such restriction.\n\n(3) If, for any control period under paragraph (b) of this section, the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section is removed from the unit's federally enforceable permit or otherwise becomes no longer applicable or if, for any such control period, the unit does not comply with the fuel use restriction under paragraph (b)(1)(i) of this section or the operating hours restriction under paragraphs (b)(1)(ii) and (iii) of this section, the unit shall be a NO X  Budget unit, subject to the requirements of this part. Such unit shall be treated as commencing operation and, for a unit under paragraph (a)(1) of this section, commencing commercial operation on September 30 of the control period for which the fuel use restriction or the operating hours restriction is no longer applicable or during which the unit does not comply with the fuel use restriction or the operating hours restriction."], ["40:40:22.0.1.1.12.1.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.5 Retired unit exemption.", "EPA", "", "", "", "(a) This section applies to any NO X  Budget unit, other than a NO X  Budget opt-in source, that is permanently retired.\n\n(b)(1) Any NO X  Budget unit, other than a NO X  Budget opt-in source, that is permanently retired shall be exempt from the NO X  Budget Trading Program, except for the provisions of this section, \u00a7\u00a7 96.2, 96.3, 96.4, 96.7 and subparts E, F, and G of this part.\n\n(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 X  authorized account representative (authorized in accordance with subpart B of this part) shall submit a statement to the permitting authority otherwise responsible for administering any NO X  Budget permit for the unit. A copy of the statement shall be submitted to the Administrator. The statement shall state (in a format prescribed by the permitting authority) that the unit is permanently retired and will comply with the requirements of paragraph (c) of this section.\n\n(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.\n\n(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. The owners and operators of the unit will be allocated allowances in accordance with subpart E of this part.\n\n(2)(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 X  authorized account representative of the source submits a complete NO X  Budget permit application under \u00a7 96.22 for the unit not less than 18 months (or such lesser time provided under the permitting authority's title V operating permits regulations for final action on a permit application) prior to the later of May 1, 2003 or the date on which the unit is to first resume operation.\n\n(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 X  authorized account representative of the source submits a complete NO X  Budget permit application under \u00a7 96.22 for the unit not less than 18 months (or such lesser time provided under the permitting authority's non-title V permits regulations for final action on a permit application) prior to the later of May 1, 2003 or the date on which the unit is to first resume operation.\n\n(3) The owners and operators and, to the extent applicable, the NO X  authorized account representative of a unit exempt under this section shall comply with the requirements of the NO X  Budget Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.\n\n(4) A unit that is exempt under this section is not eligible to be a NO X  Budget opt-in source under subpart I of this part.\n\n(5) 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.\n\n(6)  Loss of exemption.  (i) On the earlier of the following dates, a unit exempt under paragraph (b) of this section shall lose its exemption:\n\n(A) The date on which the NO X  authorized account representative submits a NO X  Budget permit application under paragraph (c)(2) of this section; or\n\n(B) The date on which the NO X  authorized account representative is required under paragraph (c)(2) of this section to submit a NO X  Budget permit application.\n\n(ii) 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."], ["40:40:22.0.1.1.12.1.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.6 Standard requirements.", "EPA", "", "", "", "(a)  Permit Requirements.  (1) The NO X  authorized account representative of each NO X  Budget source required to have a federally enforceable permit and each NO X  Budget unit required to have a federally enforceable permit at the source shall:\n\n(i) Submit to the permitting authority a complete NO X  Budget permit application under \u00a7 96.22 in accordance with the deadlines specified in \u00a7 96.21(b) and (c);\n\n(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NO X  Budget permit application and issue or deny a NO X  Budget permit.\n\n(2) The owners and operators of each NO X  Budget source required to have a federally enforceable permit and each NO X  Budget unit required to have a federally enforceable permit at the source shall have a NO X  Budget permit issued by the permitting authority and operate the unit in compliance with such NO X  Budget permit.\n\n(3) The owners and operators of a NO X  Budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NO X  Budget permit application, and to have a NO X  Budget permit, under subpart C of this part for such NO X  Budget source.\n\n(b)  Monitoring requirements.  (1) The owners and operators and, to the extent applicable, the NO X  authorized account representative of each NO X  Budget source and each NO X  Budget unit at the source shall comply with the monitoring requirements of subpart H of this part.\n\n(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 X  Budget emissions limitation under paragraph (c) of this section.\n\n(c)  Nitrogen oxides requirements.  (1) The owners and operators of each NO X  Budget source and each NO X  Budget unit at the source shall hold NO X  allowances available for compliance deductions under \u00a7 96.54, as of the NO X  allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NO X  emissions for the control period from the unit, as determined in accordance with subpart H of this part, plus any amount necessary to account for actual utilization under \u00a7 96.42(e) for the control period.\n\n(2) Each ton of nitrogen oxides emitted in excess of the NO X  Budget emissions limitation shall constitute a separate violation of this part, the CAA, and applicable State law.\n\n(3) A NO X  Budget unit shall be subject to the requirements under paragraph (c)(1) of this section starting on the later of May 1, 2003 or the date on which the unit commences operation.\n\n(4) NO X  allowances shall be held in, deducted from, or transferred among NO X  Allowance Tracking System accounts in accordance with subparts E, F, G, and I of this part.\n\n(5) A NO X  allowance shall not be deducted, in order to comply with the requirements under paragraph (c)(1) of this section, for a control period in a year prior to the year for which the NO X  allowance was allocated.\n\n(6) A NO X  allowance allocated by the permitting authority or the Administrator under the NO X  Budget Trading Program is a limited authorization to emit one ton of nitrogen oxides in accordance with the NO X  Budget Trading Program. No provision of the NO X  Budget Trading Program, the NO X  Budget permit application, the NO X  Budget permit, or an exemption under \u00a7 96.5 and no provision of law shall be construed to limit the authority of the United States or the State to terminate or limit such authorization.\n\n(7) A NO X  allowance allocated by the permitting authority or the Administrator under the NO X  Budget Trading Program does not constitute a property right.\n\n(8) Upon recordation by the Administrator under subpart F, G, or I of this part, every allocation, transfer, or deduction of a NO X  allowance to or from a NO X  Budget unit's compliance account or the overdraft account of the source where the unit is located is deemed to amend automatically, and become a part of, any NO X  Budget permit of the NO X  Budget unit by operation of law without any further review.\n\n(d)  Excess emissions requirements.  (1) The owners and operators of a NO X  Budget unit that has excess emissions in any control period shall:\n\n(i) Surrender the NO X  allowances required for deduction under \u00a7 96.54(d)(1); and\n\n(ii) Pay any fine, penalty, or assessment or comply with any other remedy imposed under \u00a7 96.54(d)(3).\n\n(e)  Recordkeeping and Reporting requirements.  (1) Unless otherwise provided, the owners and operators of the NO X  Budget source and each NO X  Budget unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the permitting authority or the Administrator.\n\n(i) The account certificate of representation for the NO X  authorized account representative for the source and each NO X  Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with \u00a7 96.13; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new account certificate of representation changing the NO X  authorized account representative.\n\n(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.\n\n(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NO X  Budget Trading Program.\n\n(iv) Copies of all documents used to complete a NO X  Budget permit application and any other submission under the NO X  Budget Trading Program or to demonstrate compliance with the requirements of the NO X  Budget Trading Program.\n\n(2) The NO X  authorized account representative of a NO X  Budget source and each NO X  Budget unit at the source shall submit the reports and compliance certifications required under the NO X  Budget Trading Program, including those under subparts D, H, or I of this part.\n\n(f)  Liability.  (1) Any person who knowingly violates any requirement or prohibition of the NO X  Budget Trading Program, a NO X  Budget permit, or an exemption under \u00a7 96.5 shall be subject to enforcement pursuant to applicable State or Federal law.\n\n(2) Any person who knowingly makes a false material statement in any record, submission, or report under the NO X  Budget Trading Program shall be subject to criminal enforcement pursuant to the applicable State or Federal law.\n\n(3) No permit revision shall excuse any violation of the requirements of the NO X  Budget Trading Program that occurs prior to the date that the revision takes effect.\n\n(4) Each NO X  Budget source and each NO X  Budget unit shall meet the requirements of the NO X  Budget Trading Program.\n\n(5) Any provision of the NO X  Budget Trading Program that applies to a NO X  Budget source (including a provision applicable to the NO X  authorized account representative of a NO X  Budget source) shall also apply to the owners and operators of such source and of the NO X  Budget units at the source.\n\n(6) Any provision of the NO X  Budget Trading Program that applies to a NO X  Budget unit (including a provision applicable to the NO X  authorized account representative of a NO X  budget unit) shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under subpart H of this part, the owners and operators and the NO X  authorized account representative of one NO X  Budget unit shall not be liable for any violation by any other NO X  Budget unit of which they are not owners or operators or the NO X  authorized account representative and that is located at a source of which they are not owners or operators or the NO X  authorized account representative.\n\n(g)  Effect on other authorities.  No provision of the NO X  Budget Trading Program, a NO X  Budget permit application, a NO X  Budget permit, or an exemption under \u00a7 96.5 shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NO X  authorized account representative of a NO X  Budget source or NO X  Budget unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the CAA."], ["40:40:22.0.1.1.12.1.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "A", "Subpart A\u2014NO", "", "\u00a7 96.7 Computation of time.", "EPA", "", "", "", "(a) Unless otherwise stated, any time period scheduled, under the NO X  Budget Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.\n\n(b) Unless otherwise stated, any time period scheduled, under the NO X  Budget Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.\n\n(c) Unless otherwise stated, if the final day of any time period, under the NO X  Budget Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day."], ["40:40:22.0.1.1.12.12.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.101 Purpose.", "EPA", "", "", "", "This subpart and subparts BB through II establish the model rule comprising general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the State Clean Air Interstate Rule (CAIR) NO X  Annual Trading Program, under section 110 of the Clean Air Act and \u00a7 51.123 of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. The owner or operator of a unit or a source shall comply with the requirements of this subpart and subparts BB through II as a matter of federal law only if the State with jurisdiction over the unit and the source incorporates by reference such subparts or otherwise adopts the requirements of such subparts in accordance with \u00a7 51.123(o)(1) or (2) of this chapter, the State submits to the Administrator one or more revisions of the State implementation plan that include such adoption, and the Administrator approves such revisions. If the State adopts the requirements of such subparts in accordance with \u00a7 51.123(o)(1) or (2) of this chapter, then the State authorizes the Administrator to assist the State in implementing the CAIR NO X  Annual Trading Program by carrying out the functions set forth for the Administrator in such subparts."], ["40:40:22.0.1.1.12.12.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.102 Definitions.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25380, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006; 72 FR 59205, Oct. 19, 2007]", "The terms used in this subpart and subparts BB through II shall have the meanings set forth in this section as follows:\n\nAccount number  means the identification number given by the Administrator to each CAIR NO X  Allowance Tracking System account.\n\nAcid Rain emissions limitation  means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.\n\nAcid 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.\n\nAdministrator  means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.\n\nAllocate  or  allocation  means, with regard to CAIR NO X  allowances, the determination by a permitting authority or the Administrator of the amount of such CAIR NO X  allowances to be initially credited to a CAIR NO X  unit, a new unit set-aside, or other entity.\n\nAllowance 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 X  allowance transfer must be submitted for recordation in a CAIR NO X  source's compliance account in order to be used to meet the source's CAIR NO X  emissions limitation for such control period in accordance with \u00a7 96.154.\n\nAlternate CAIR designated representative  means, for a CAIR NO X  source and each CAIR NO X  unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with subparts BB and II of this part, to act on behalf of the CAIR designated representative in matters pertaining to the CAIR NO X  Annual Trading Program. If the CAIR NO X  source is also a CAIR SO 2  source, then this natural person shall be the same person as the alternate CAIR designated representative under the CAIR SO 2  Trading Program. If the CAIR NO X  source is also a CAIR NO X  Ozone Season source, then this natural person shall be the same person as the alternate CAIR designated representative under the CAIR NO X  Ozone Season Trading Program. If the CAIR NO X  source is also subject to the Acid Rain Program, then this natural person shall be the same person as the alternate designated representative under the Acid Rain Program. If the CAIR NO X  source is also subject to the Hg Budget Trading Program, then this natural person shall be the same person as the alternate Hg designated representative under the Hg Budget Trading Program.\n\nAutomated 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.\n\nBiomass  means\u2014\n\n(1) Any organic material grown for the purpose of being converted to energy;\n\n(2) Any organic byproduct of agriculture that can be converted into energy; or\n\n(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;\n\n(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or\n\n(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.\n\nBoiler  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.\n\nBottoming-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.\n\nCAIR 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 X  allowances held in the general account and, with regard to a compliance account, the CAIR designated representative of the source.\n\nCAIR designated representative  means, for a CAIR NO X  source and each CAIR NO X  unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with subparts BB and II of this part, to represent and legally bind each owner and operator in matters pertaining to the CAIR NO X  Annual Trading Program. If the CAIR NO X  source is also a CAIR SO 2  source, then this natural person shall be the same person as the CAIR designated representative under the CAIR SO 2  Trading Program. If the CAIR NO X  source is also a CAIR NO X  Ozone Season source, then this natural person shall be the same person as the CAIR designated representative under the CAIR NO X  Ozone Season Trading Program. If the CAIR NO X  source is also subject to the Acid Rain Program, then this natural person shall be the same person as the designated representative under the Acid Rain Program. If the CAIR NO X  source is also subject to the Hg Budget Trading Program, then this natural person shall be the same person as the Hg designated representative under the Hg Budget Trading Program.\n\nCAIR NO X   allowance  means a limited authorization issued by a permitting authority or the Administrator under provisions of a State implementation plan that are approved under \u00a7 51.123(o)(1) or (2) or (p) of this chapter, or under subpart EE of part 97 or \u00a7 97.188 of this chapter, to emit one ton of nitrogen oxides during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the CAIR NO X  Program. An authorization to emit nitrogen oxides that is not issued under provisions of a State implementation plan that are approved under \u00a7 51.123(o)(1) or (2) or (p) of this chapter or subpart EE of part 97 or \u00a7 97.188 of this chapter shall not be a CAIR NO X  allowance.\n\nCAIR NO X   allowance deduction  or  deduct CAIR NO X   allowances  means the permanent withdrawal of CAIR NO X  allowances by the Administrator from a compliance account,  e.g.,  in order to account for a specified number of tons of total nitrogen oxides emissions from all CAIR NO X  units at a CAIR NO X  source for a control period, determined in accordance with subpart HH of this part, or to account for excess emissions.\n\nCAIR NO X   Allowance Tracking System  means the system by which the Administrator records allocations, deductions, and transfers of CAIR NO X  allowances under the CAIR NO X  Annual Trading Program. Such allowances will be allocated, held, deducted, or transferred only as whole allowances.\n\nCAIR NO X   Allowance Tracking System account  means an account in the CAIR NO X  Allowance Tracking System established by the Administrator for purposes of recording the allocation, holding, transferring, or deducting of CAIR NO X  allowances.\n\nCAIR NO X   allowances held  or  hold CAIR NO X   allowances  means the CAIR NO X  allowances recorded by the Administrator, or submitted to the Administrator for recordation, in accordance with subparts FF, GG, and II of this part, in a CAIR NO X  Allowance Tracking System account.\n\nCAIR NO X   Annual Trading Program  means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AA through II of this part and \u00a7 51.123(o)(1) or (2) of this chapter or established by the Administrator in accordance with subparts AA through II of part 97 of this chapter and \u00a7\u00a7 51.123(p) and 52.35 of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides.\n\nCAIR NO X   emissions limitation  means, for a CAIR NO X  source, the tonnage equivalent, in NO X  emissions in a control period, of the CAIR NO X  allowances available for deduction for the source under \u00a7 96.154(a) and (b) for the control period.\n\nCAIR NO X   Ozone Season source  means a source that is subject to the CAIR NO X  Ozone Season Trading Program.\n\nCAIR NO X   Ozone Season Trading Program  means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AAAA through IIII of this part and \u00a7 51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd) of this chapter or established by the Administrator in accordance with subparts AAAA through IIII of part 97 of this chapter and \u00a7\u00a7 51.123(ee) and 52.35 of this chapter, as a means of mitigating interstate transport of ozone and nitrogen oxides.\n\nCAIR NO X   source  means a source that includes one or more CAIR NO X  units.\n\nCAIR NO X   unit  means a unit that is subject to the CAIR NO X  Annual Trading Program under \u00a7 96.104 and, except for purposes of \u00a7 96.105 and subpart EE of this part, a CAIR NO X  opt-in unit under subpart II of this part.\n\nCAIR 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 X  Annual Trading Program requirements applicable to a CAIR NO X  source, to each CAIR NO X  unit at the source, and to the owners and operators and the CAIR designated representative of the source and each such unit.\n\nCAIR SO 2   source  means a source that is subject to the CAIR SO 2  Trading Program.\n\nCAIR SO 2   Trading Program  means a multi-state sulfur dioxide air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AAA through III of this part and \u00a7 51.124(o)(1) or (2) of this chapter or established by the Administrator in accordance with subparts AAA through III of part 97 of this chapter and \u00a7\u00a7 51.124(r) and 52.36 of this chapter, as a means of mitigating interstate transport of fine particulates and sulfur dioxide.\n\nClean Air Act  or  CAA  means the Clean Air Act, 42 U.S.C. 7401,  et seq.\n\nCoal  means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.\n\nCoal-derived fuel  means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.\n\nCoal-fired means:\n\n(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\n\n(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.\n\nCogeneration unit  means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:\n\n(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\n\n(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\u2014\n\n(i) For a topping-cycle cogeneration unit,\n\n(A) Useful thermal energy not less than 5 percent of total energy output; and\n\n(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.\n\n(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input;\n\n(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.\n\nCombustion turbine  means:\n\n(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\n\n(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.\n\nCommence commercial operation means , with regard to a unit:\n\n(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 \u00a7 96.105 and \u00a7 96.184(h).\n\n(i) For a unit that is a CAIR NO X  unit under \u00a7 96.104 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) 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.\n\n(ii) For a unit that is a CAIR NO X  unit under \u00a7 96.104 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) 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.\n\n(2) Notwithstanding paragraph (1) of this definition and except as provided in \u00a7 96.105, for a unit that is not a CAIR NO X  unit under \u00a7 96.104 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) of this definition, the unit's date for commencement of commercial operation shall be the date on which the unit becomes a CAIR NO X  unit under \u00a7 96.104.\n\n(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.\n\n(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.\n\nCommence operation means:\n\n(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 \u00a7 96.184(h).\n\n(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.\n\n(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 \u00a7 96.184(h).\n\nCompliance account  means a CAIR NO X  Allowance Tracking System account, established by the Administrator for a CAIR NO X  source under subpart FF or II of this part, in which any CAIR NO X  allowance allocations for the CAIR NO X  units at the source are initially recorded and in which are held any CAIR NO X  allowances available for use for a control period in order to meet the source's CAIR NO X  emissions limitation in accordance with \u00a7 96.154.\n\nContinuous 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:\n\n(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);\n\n(2) A nitrogen oxides concentration monitoring system, consisting of a NO X  pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of NO X  emissions, in parts per million (ppm);\n\n(3) A nitrogen oxides emission rate (or NO X -diluent) monitoring system, consisting of a NO X  pollutant concentration monitor, a diluent gas (CO 2  or O 2 ) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NO X  concentration, in parts per million (ppm), diluent gas concentration, in percent CO 2  or O 2 ; and NO X  emission rate, in pounds per million British thermal units (lb/mmBtu);\n\n(4) A moisture monitoring system, as defined in \u00a7 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 O;\n\n(5) A carbon dioxide monitoring system, consisting of a CO 2  pollutant concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the CO 2  concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO 2  emissions, in percent CO 2 ; and\n\n(6) An oxygen monitoring system, consisting of an O 2  concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O 2 , in percent O 2 .\n\nControl period  means the period beginning January 1 of a calendar year, except as provided in \u00a7 96.106(c)(2), and ending on December 31 of the same year, inclusive.\n\nEmissions  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.\n\nExcess emissions  means any ton of nitrogen oxides emitted by the CAIR NO X  units at a CAIR NO X  source during a control period that exceeds the CAIR NO X  emissions limitation for the source.\n\nFossil fuel  means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.\n\nFossil-fuel-fired  means, with regard to a unit, combusting any amount of fossil fuel in any calendar year.\n\nFuel 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.\n\nGeneral account  means a CAIR NO X  Allowance Tracking System account, established under subpart FF of this part, that is not a compliance account.\n\nGenerator  means a device that produces electricity.\n\nGross 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).\n\nHeat 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.\n\nHeat 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.\n\nHg 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 \u00a7 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.\n\nLife-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:\n\n(1) For the life of the unit;\n\n(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or\n\n(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.\n\nMaximum 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.\n\nMonitoring 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.\n\nMost stringent State or Federal NO X   emissions limitation  means, with regard to a unit, the lowest NO X  emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.\n\nNameplate 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.\n\nOil-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.\n\nOperator  means any person who operates, controls, or supervises a CAIR NO X  unit or a CAIR NO X  source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.\n\nOwner  means any of the following persons:\n\n(1) With regard to a CAIR NO X  source or a CAIR NO X  unit at a source, respectively:\n\n(i) Any holder of any portion of the legal or equitable title in a CAIR NO X  unit at the source or the CAIR NO X  unit;\n\n(ii) Any holder of a leasehold interest in a CAIR NO X  unit at the source or the CAIR NO X  unit; or\n\n(iii) Any purchaser of power from a CAIR NO X  unit at the source or the CAIR NO X  unit under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such CAIR NO X  unit; or\n\n(2) With regard to any general account, any person who has an ownership interest with respect to the CAIR NO X  allowances held in the general account and who is subject to the binding agreement for the CAIR authorized account representative to represent the person's ownership interest with respect to CAIR NO X  allowances.\n\nPermitting 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 X  Annual Trading Program or, if no such agency has been so authorized, the Administrator.\n\nPotential 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.\n\nReceive 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.\n\nRecordation ,  record , or  recorded  means, with regard to CAIR NO X  allowances, the movement of CAIR NO X  allowances by the Administrator into or between CAIR NO X  Allowance Tracking System accounts, for purposes of allocation, transfer, or deduction.\n\nReference method  means any direct test method of sampling and analyzing for an air pollutant as specified in \u00a7 75.22 of this chapter.\n\nReplacement ,  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).\n\nRepowered  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:\n\n(1) Atmospheric or pressurized fluidized bed combustion;\n\n(2) Integrated gasification combined cycle;\n\n(3) Magnetohydrodynamics;\n\n(4) Direct and indirect coal-fired turbines;\n\n(5) Integrated gasification fuel cells; or\n\n(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.\n\nSerial number  means, for a CAIR NO X  allowance, the unique identification number assigned to each CAIR NO X  allowance by the Administrator.\n\nSequential use of energy  means:\n\n(1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or\n\n(2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.\n\nSolid waste incineration unit  means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a \u201csolid waste incineration unit\u201d as defined in section 129(g)(1) of the Clean Air Act.\n\nSource  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 \u201csource,\u201d including a \u201csource\u201d with multiple units, shall be considered a single \u201cfacility.\u201d\n\nState  means one of the States or the District of Columbia that adopts the CAIR NO X  Annual Trading Program pursuant to \u00a7 51.123(o)(1) or (2) of this chapter.\n\nSubmit or serve  means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:\n\n(1) In person;\n\n(2) By United States Postal Service; or\n\n(3) By other means of dispatch or transmission and delivery. Compliance with any \u201csubmission\u201d or \u201cservice\u201d deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.\n\nTitle V operating permit  means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.\n\nTitle 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.\n\nTon  means 2,000 pounds. For the purpose of determining compliance with the CAIR NO X  emissions limitation, total tons of nitrogen oxides emissions for a control period shall be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with subpart HH of this part, but with any remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal zero tons.\n\nTopping-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.\n\nTotal 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:\n\nLHV = HHV \u2212 10.55(W + 9H)\n\nWhere:\n \n LHV = lower heating value of fuel in Btu/lb,\n \n HHV = higher heating value of fuel in Btu/lb,\n \n W = Weight % of moisture in fuel, and\n \n H = Weight % of hydrogen in fuel.\n\nWhere:\n\nLHV = lower heating value of fuel in Btu/lb,\n\nHHV = higher heating value of fuel in Btu/lb,\n\nW = Weight % of moisture in fuel, and\n\nH = Weight % of hydrogen in fuel.\n\nTotal energy output  means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.\n\nUnit  means a stationary, fossil-fuel-fired boiler or combustion turbine or other stationary, fossil-fuel-fired combustion device.\n\nUnit operating day  means a calendar day in which a unit combusts any fuel.\n\nUnit operating hour  or  hour of unit operation  means an hour in which a unit combusts any fuel.\n\nUseful 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).\n\nUseful thermal energy  means, with regard to a cogeneration unit, thermal energy that is:\n\n(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;\n\n(2) Used in a heating application ( e.g. , space heating or domestic hot water heating); or\n\n(3) Used in a space cooling application ( i.e.,  thermal energy used by an absorption chiller).\n\nUtility power distribution system  means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers."], ["40:40:22.0.1.1.12.12.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.103 Measurements, abbreviations, and acronyms.", "EPA", "", "", "[71 FR 25381, Apr. 28, 2006]", "Measurements, abbreviations, and acronyms used in this subpart and subparts BB through II are defined as follows:\n\nBtu\u2014British thermal unit.\n\nCO 2 \u2014carbon dioxide\n\nH 2 O\u2014water\n\nHg\u2014mercury\n\nhr\u2014hour\n\nkW\u2014kilowatt electrical\n\nkWh\u2014kilowatt hour\n\nlb\u2014pound\n\nmmBtu\u2014million Btu\n\nMWe\u2014megawatt electrical\n\nMWh\u2014megawatt hour\n\nNO X \u2014nitrogen oxides\n\nO2\u2014oxygen\n\nppm\u2014parts per million\n\nscfh\u2014standard cubic feet per hour\n\nSO 2 \u2014sulfur dioxide\n\nyr\u2014year"], ["40:40:22.0.1.1.12.12.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.104 Applicability.", "EPA", "", "", "[71 FR 25382, Apr. 28, 2006]", "(a) Except as provided in paragraph (b) of this section:\n\n(1) The following units in a State shall be CAIR NO X  units, and any source that includes one or more such units shall be a CAIR NO X  source, subject to the requirements of this subpart and subparts BB through HH of this part: any stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine 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 producing electricity for sale.\n\n(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR NO X  unit begins to combust fossil fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become a CAIR NO X  unit as provided in paragraph (a)(1) of this section on the first date on which it both combusts fossil fuel and serves such generator.\n\n(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 X  units:\n\n(1)(i) Any unit that is a CAIR NO X  unit under paragraph (a)(1) or (2) of this section:\n\n(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\n\n(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.\n\n(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 X  unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (b)(1)(i)(B) of this section.\n\n(2)(i) Any unit that is a CAIR NO X  unit under paragraph (a)(1) or (2) of this section commencing operation before January 1, 1985:\n\n(A) Qualifying as a solid waste incineration unit; and\n\n(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).\n\n(ii) Any unit that is a CAIR NO X  unit under paragraph (a)(1) or (2) of this section commencing operation on or after January 1, 1985:\n\n(A) Qualifying as a solid waste incineration unit; and\n\n(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).\n\n(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 X  unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average annual fuel consumption of fossil fuel of 20 percent or more."], ["40:40:22.0.1.1.12.12.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.105 Retired unit exemption.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)(1) Any CAIR NO X  unit that is permanently retired and is not a CAIR NO X  opt-in unit under subpart II of this part shall be exempt from the CAIR NO X  Annual Trading Program, except for the provisions of this section, \u00a7 96.102, \u00a7 96.103, \u00a7 96.104, \u00a7 96.106(c)(4) through (7), \u00a7 96.107, \u00a7 96.108, and subparts BB and EE through GG.\n\n(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR NO X  unit is permanently retired. Within 30 days of the unit's permanent retirement, the CAIR designated representative shall submit a statement to the permitting authority otherwise responsible for administering any CAIR permit for the unit and shall submit a copy of the statement to the Administrator. The statement shall state, in a format prescribed by the permitting authority, that the unit was permanently retired on a specific date and will comply with the requirements of paragraph (b) of this section.\n\n(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.\n\n(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.\n\n(2) The permitting authority will allocate CAIR NO X  allowances under subpart EE of this part to a unit exempt under paragraph (a) of this section.\n\n(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.\n\n(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 X  Annual Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.\n\n(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 \u00a7 96.122 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.\n\n(6) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption:\n\n(i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(5) of this section;\n\n(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\n\n(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.\n\n(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."], ["40:40:22.0.1.1.12.12.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.106 Standard requirements.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006]", "(a)  Permit requirements.  (1) The CAIR designated representative of each CAIR NO X  source required to have a title V operating permit and each CAIR NO X  unit required to have a title V operating permit at the source shall:\n\n(i) Submit to the permitting authority a complete CAIR permit application under \u00a7 96.122 in accordance with the deadlines specified in \u00a7 96.121; and\n\n(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.\n\n(2) The owners and operators of each CAIR NO X  source required to have a title V operating permit and each CAIR NO X  unit required to have a title V operating permit at the source shall have a CAIR permit issued by the permitting authority under subpart CC of this part for the source and operate the source and the unit in compliance with such CAIR permit.\n\n(3) Except as provided in subpart II of this part, the owners and operators of a CAIR NO X  source that is not otherwise required to have a title V operating permit and each CAIR NO X  unit that is not otherwise required to have a title V operating permit are not required to submit a CAIR permit application, and to have a CAIR permit, under subpart CC of this part for such CAIR NO X  source and such CAIR NO X  unit.\n\n(b)  Monitoring, reporting, and recordkeeping requirements.  (1) The owners and operators, and the CAIR designated representative, of each CAIR NO X  source and each CAIR NO X  unit at the source shall comply with the monitoring, reporting, and recordkeeping requirements of subpart HH of this part.\n\n(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 X  source with the CAIR NO X  emissions limitation under paragraph (c) of this section.\n\n(c)  Nitrogen oxides emission requirements.  (1) As of the allowance transfer deadline for a control period, the owners and operators of each CAIR NO X  source and each CAIR NO X  unit at the source shall hold, in the source's compliance account, CAIR NO X  allowances available for compliance deductions for the control period under \u00a7 96.154(a) in an amount not less than the tons of total nitrogen oxides emissions for the control period from all CAIR NO X  units at the source, as determined in accordance with subpart HH of this part.\n\n(2) A CAIR NO X  unit shall be subject to the requirements under paragraph (c)(1) of this section for the control period starting on the later of January 1, 2009 or the deadline for meeting the unit's monitor certification requirements under \u00a7 96.170(b)(1), (2), or (5) and for each control period thereafter.\n\n(3) A CAIR NO X  allowance shall not be deducted, for compliance with the requirements under paragraph (c)(1) of this section, for a control period in a calendar year before the year for which the CAIR NO X  allowance was allocated.\n\n(4) CAIR NO X  allowances shall be held in, deducted from, or transferred into or among CAIR NO X  Allowance Tracking System accounts in accordance with subparts FF, GG, and II of this part.\n\n(5) A CAIR NO X  allowance is a limited authorization to emit one ton of nitrogen oxides in accordance with the CAIR NO X  Annual Trading Program. No provision of the CAIR NO X  Annual Trading Program, the CAIR permit application, the CAIR permit, or an exemption under \u00a7 96.105 and no provision of law shall be construed to limit the authority of the State or the United States to terminate or limit such authorization.\n\n(6) A CAIR NO X  allowance does not constitute a property right.\n\n(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 X  allowance to or from a CAIR NO X  source's compliance account is incorporated automatically in any CAIR permit of the source.\n\n(d)  Excess emissions requirements.  If a CAIR NO X  source emits nitrogen oxides during any control period in excess of the CAIR NO X  emissions limitation, then:\n\n(1) The owners and operators of the source and each CAIR NO X  unit at the source shall surrender the CAIR NO X  allowances required for deduction under \u00a7 96.154(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act or applicable State law; and\n\n(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.\n\n(e)  Recordkeeping and reporting requirements.  (1) Unless otherwise provided, the owners and operators of the CAIR NO X  source and each CAIR NO X  unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the permitting authority or the Administrator.\n\n(i) The certificate of representation under \u00a7 96.113 for the CAIR designated representative for the source and each CAIR NO X  unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under \u00a7 96.113 changing the CAIR designated representative.\n\n(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.\n\n(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR NO X  Annual Trading Program.\n\n(iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR NO X  Annual Trading Program or to demonstrate compliance with the requirements of the CAIR NO X  Annual Trading Program.\n\n(2) The CAIR designated representative of a CAIR NO X  source and each CAIR NO X  unit at the source shall submit the reports required under the CAIR NO X  Annual Trading Program, including those under subpart HH of this part.\n\n(f)  Liability.  (1) Each CAIR NO X  source and each CAIR NO X  unit shall meet the requirements of the CAIR NO X  Annual Trading Program.\n\n(2) Any provision of the CAIR NO X  Annual Trading Program that applies to a CAIR NO X  source or the CAIR designated representative of a CAIR NO X  source shall also apply to the owners and operators of such source and of the CAIR NO X  units at the source.\n\n(3) Any provision of the CAIR NO X  Annual Trading Program that applies to a CAIR NO X  unit or the CAIR designated representative of a CAIR NO X  unit shall also apply to the owners and operators of such unit.\n\n(g)  Effect on other authorities.  No provision of the CAIR NO X  Annual Trading Program, a CAIR permit application, a CAIR permit, or an exemption under \u00a7 96.105 shall be construed as exempting or excluding the owners and operators, and the CAIR designated representative, of a CAIR NO X  source or CAIR NO X  unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act."], ["40:40:22.0.1.1.12.12.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.107 Computation of time.", "EPA", "", "", "", "(a) Unless otherwise stated, any time period scheduled, under the CAIR NO X  Annual Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.\n\n(b) Unless otherwise stated, any time period scheduled, under the CAIR NO X  Annual Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.\n\n(c) Unless otherwise stated, if the final day of any time period, under the CAIR NO X  Annual Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day."], ["40:40:22.0.1.1.12.12.1.8", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AA", "Subpart AA\u2014CAIR NO", "", "\u00a7 96.108 Appeal procedures.", "EPA", "", "", "", "The appeal procedures for decisions of the Administrator under the CAIR NO X  Annual Trading Program are set forth in part 78 of this chapter."], ["40:40:22.0.1.1.12.13.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.110 Authorization and responsibilities of CAIR designated representative.", "EPA", "", "", "", "(a) Except as provided under \u00a7 96.111, each CAIR NO X  source, including all CAIR NO X  units at the source, shall have one and only one CAIR designated representative, with regard to all matters under the CAIR NO X  Annual Trading Program concerning the source or any CAIR NO X  unit at the source.\n\n(b) The CAIR designated representative of the CAIR NO X  source shall be selected by an agreement binding on the owners and operators of the source and all CAIR NO X  units at the source and shall act in accordance with the certification statement in \u00a7 96.113(a)(4)(iv).\n\n(c) Upon receipt by the Administrator of a complete certificate of representation under \u00a7 96.113, 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 X  source represented and each CAIR NO X  unit at the source in all matters pertaining to the CAIR NO X  Annual Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the permitting authority, the Administrator, or a court regarding the source or unit.\n\n(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NO X  Allowance Tracking System account will be established for a CAIR NO X  unit at a source, until the Administrator has received a complete certificate of representation under \u00a7 96.113 for a CAIR designated representative of the source and the CAIR NO X  units at the source.\n\n(e)(1) Each submission under the CAIR NO X  Annual Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR NO X  source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: \u201cI am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.\u201d\n\n(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 X  source or a CAIR NO X  unit only if the submission has been made, signed, and certified in accordance with paragraph (e)(1) of this section."], ["40:40:22.0.1.1.12.13.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.111 Alternate CAIR designated representative.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006]", "(a) A certificate of representation under \u00a7 96.113 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.\n\n(b) Upon receipt by the Administrator of a complete certificate of representation under \u00a7 96.113, 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.\n\n(c) Except in this section and \u00a7\u00a7 96.102, 96.110(a) and (d), 96.112, 96.113, 96.115, 96.151, and 96.182, whenever the term \u201cCAIR designated representative\u201d 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."], ["40:40:22.0.1.1.12.13.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.112 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006]", "(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 \u00a7 96.113. 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 X  source and the CAIR NO X  units at the source.\n\n(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 \u00a7 96.113. 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 X  source and the CAIR NO X  units at the source.\n\n(c)  Changes in owners and operators.  (1) In the event an owner or operator of a CAIR NO X  source or a CAIR NO X  unit is not included in the list of owners and operators in the certificate of representation under \u00a7 96.113, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the CAIR designated representative and any alternate CAIR designated representative of the source or unit, and the decisions and orders of the permitting authority, the Administrator, or a court, as if the owner or operator were included in such list.\n\n(2) Within 30 days following any change in the owners and operators of a CAIR NO X  source or a CAIR NO X  unit, including the addition of a new owner or operator, the CAIR designated representative or any alternate CAIR designated representative shall submit a revision to the certificate of representation under \u00a7 96.113 amending the list of owners and operators to include the change."], ["40:40:22.0.1.1.12.13.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.113 Certificate of representation.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25382, Apr. 28, 2006]", "(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:\n\n(1) Identification of the CAIR NO X  source, and each CAIR NO X  unit at the source, for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit.\n\n(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.\n\n(3) A list of the owners and operators of the CAIR NO X  source and of each CAIR NO X  unit at the source.\n\n(4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative\u2014\n\n(i) \u201cI 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 X  unit at the source.\u201d\n\n(ii) \u201cI certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO X  Annual Trading Program on behalf of the owners and operators of the source and of each CAIR NO X  unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions.\u201d\n\n(iii) \u201cI certify that the owners and operators of the source and of each CAIR NO X  unit at the source shall be bound by any order issued to me by the Administrator, the permitting authority, or a court regarding the source or unit.\u201d\n\n(iv) \u201cWhere there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NO X  unit, or where a utility or industrial customer purchases power from a CAIR NO X  unit under a life-of-the-unit, firm power contractual arrangement, I certify that: I have given a written notice of my selection as the \u2018CAIR designated representative\u2019 or \u2018alternate CAIR designated representative\u2019, as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each CAIR NO X  unit at the source; and CAIR NO X  allowances and proceeds of transactions involving CAIR NO X  allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of CAIR NO X  allowances by contract, CAIR NO X  allowances and proceeds of transactions involving CAIR NO X  allowances will be deemed to be held or distributed in accordance with the contract.\u201d\n\n(5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed.\n\n(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."], ["40:40:22.0.1.1.12.13.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.114 Objections concerning CAIR designated representative.", "EPA", "", "", "", "(a) Once a complete certificate of representation under \u00a7 96.113 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 \u00a7 96.113 is received by the Administrator.\n\n(b) Except as provided in \u00a7 96.112(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 X  Annual Trading Program.\n\n(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 X  allowance transfers."], ["40:40:22.0.1.1.12.13.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BB", "Subpart BB\u2014CAIR Designated Representative for CAIR NO", "", "\u00a7 96.115 Delegation by CAIR designated representative and alternate CAIR designated representative.", "EPA", "", "", "[71 FR 25382, Apr. 28, 2006, as amended at 71 FR 74794, Dec. 13, 2006]", "(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.\n\n(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.\n\n(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:\n\n(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;\n\n(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an \u201cagent\u201d);\n\n(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\n\n(4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative:\n\n(i) \u201cI 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 96.115(d) shall be deemed to be an electronic submission by me.\u201d\n\n(ii) \u201cUntil this notice of delegation is superseded by another notice of delegation under 40 CFR 96.115(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 96.115 is terminated.\u201d\n\n(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.\n\n(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."], ["40:40:22.0.1.1.12.14.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CC", "Subpart CC\u2014Permits", "", "\u00a7 96.120 General CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006]", "(a) For each CAIR NO X  source required to have a title V operating permit or required, under subpart II of this part, to have a title V operating permit or other federally enforceable permit, such permit shall include a CAIR permit administered by the permitting authority for the title V operating permit or the federally enforceable permit as applicable. The CAIR portion of the title V permit or other federally enforceable permit as applicable shall be administered in accordance with the permitting authority's title V operating permits regulations promulgated under part 70 or 71 of this chapter or the permitting authority's regulations for other federally enforceable permits as applicable, except as provided otherwise by \u00a7 96.105, this subpart, and subpart II of this part.\n\n(b) Each CAIR permit shall contain, with regard to the CAIR NO X  source and the CAIR NO X  units at the source covered by the CAIR permit, all applicable CAIR NO X  Annual Trading Program, CAIR NO X  Ozone Season Trading Program, and CAIR SO 2  Trading Program requirements and shall be a complete and separable portion of the title V operating permit or other federally enforceable permit under paragraph (a) of this section."], ["40:40:22.0.1.1.12.14.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CC", "Subpart CC\u2014Permits", "", "\u00a7 96.121 Submission of CAIR permit applications.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006]", "(a)  Duty to apply.  The CAIR designated representative of any CAIR NO X  source required to have a title V operating permit shall submit to the permitting authority a complete CAIR permit application under \u00a7 96.122 for the source covering each CAIR NO X  unit at the source at least 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the CAIR NO X  unit commences commercial operation, except as provided in \u00a7 96.183(a).\n\n(b)  Duty to Reapply.  For a CAIR NO X  source required to have a title V operating permit, the CAIR designated representative shall submit a complete CAIR permit application under \u00a7 96.122 for the source covering each CAIR NO X  unit at the source to renew the CAIR permit in accordance with the permitting authority's title V operating permits regulations addressing permit renewal, except as provided in \u00a7 96.183(b)."], ["40:40:22.0.1.1.12.14.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CC", "Subpart CC\u2014Permits", "", "\u00a7 96.122 Information requirements for CAIR permit applications.", "EPA", "", "", "", "A complete CAIR permit application shall include the following elements concerning the CAIR NO X  source for which the application is submitted, in a format prescribed by the permitting authority:\n\n(a) Identification of the CAIR NO X  source;\n\n(b) Identification of each CAIR NO X  unit at the CAIR NO X  source; and\n\n(c) The standard requirements under \u00a7 96.106."], ["40:40:22.0.1.1.12.14.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CC", "Subpart CC\u2014Permits", "", "\u00a7 96.123 CAIR permit contents and term.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006]", "(a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under \u00a7 96.122.\n\n(b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under \u00a7 96.102 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 X  allowance to or from the compliance account of the CAIR NO X  source covered by the permit.\n\n(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 X  source's title V operating permit or other federally enforceable permit as applicable."], ["40:40:22.0.1.1.12.14.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CC", "Subpart CC\u2014Permits", "", "\u00a7 96.124 CAIR permit revisions.", "EPA", "", "", "", "Except as provided in \u00a7 96.123(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."], ["40:40:22.0.1.1.12.16.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "EE", "Subpart EE\u2014CAIR NO", "", "\u00a7 96.140 State trading budgets.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25302, Apr. 28, 2006]", "The State trading budgets for annual allocations of CAIR NO X  allowances for the control periods in 2009 through 2014 and in 2015 and thereafter are respectively as follows:"], ["40:40:22.0.1.1.12.16.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "EE", "Subpart EE\u2014CAIR NO", "", "\u00a7 96.141 Timing requirements for CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006]", "(a) By October 31, 2006, the permitting authority will submit to the Administrator the CAIR NO X  allowance allocations, in a format prescribed by the Administrator and in accordance with \u00a7 96.142(a) and (b), for the control periods in 2009, 2010, 2011, 2012, 2013, and 2014.\n\n(b) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X  allowance allocations, in a format prescribed by the Administrator and in accordance with \u00a7 96.142(a) and (b), for the control period in the sixth year after the year of the applicable deadline for submission under this paragraph.\n\n(c) By October 31, 2009 and October 31 of each year thereafter, the permitting authority will submit to the Administrator the CAIR NO X  allowance allocations, in a format prescribed by the Administrator and in accordance with \u00a7 96.142(a), (c), and (d), for the control period in the year of the applicable deadline for submission under this paragraph."], ["40:40:22.0.1.1.12.16.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "EE", "Subpart EE\u2014CAIR NO", "", "\u00a7 96.142 CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006]", "(a)(1) The baseline heat input (in mmBtu) used with respect to CAIR NO X  allowance allocations under paragraph (b) of this section for each CAIR NO X  unit will be:\n\n(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:\n\n(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;\n\n(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\n\n(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.\n\n(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.\n\n(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 X  emissions during a calendar year under paragraph (c)(3) of this section, will be determined in accordance with part 75 of this chapter, to the extent the unit was otherwise subject to the requirements of part 75 of this chapter for the year, or will be based on the best available data reported to the permitting authority for the unit, to the extent the unit was not otherwise subject to the requirements of part 75 of this chapter for the year.\n\n(ii) A unit's converted control period heat input for a calendar year specified under paragraph (a)(1)(ii) of this section equals:\n\n(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;\n\n(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\n\n(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.\n\n(b)(1) For each control period in 2009 and thereafter, the permitting authority will allocate to all CAIR NO X  units in the State that have a baseline heat input (as determined under paragraph (a) of this section) a total amount of CAIR NO X  allowances equal to 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the tons of NO X  emissions in the State trading budget under \u00a7 96.140 (except as provided in paragraph (d) of this section).\n\n(2) The permitting authority will allocate CAIR NO X  allowances to each CAIR NO X  unit under paragraph (b)(1) of this section in an amount determined by multiplying the total amount of CAIR NO X  allowances allocated under paragraph (b)(1) of this section by the ratio of the baseline heat input of such CAIR NO X  unit to the total amount of baseline heat input of all such CAIR NO X  units in the State and rounding to the nearest whole allowance as appropriate.\n\n(c) For each control period in 2009 and thereafter, the permitting authority will allocate CAIR NO X  allowances to CAIR NO X  units in a State that are not allocated CAIR NO X  allowances under paragraph (b) of this section because the units do not yet have a baseline heat input under paragraph (a) of this section or because the units have a baseline heat input but all CAIR NO X  allowances available under paragraph (b) of this section for the control period are already allocated, in accordance with the following procedures:\n\n(1) The permitting authority will establish a separate new unit set-aside for each control period. Each new unit set-aside will be allocated CAIR NO X  allowances equal to 5 percent for a control period in 2009 through 2014, and 3 percent for a control period in 2015and thereafter, of the amount of tons of NO X  emissions in the State trading budget under \u00a7 96.140.\n\n(2) The CAIR designated representative of such a CAIR NO X  unit may submit to the permitting authority a request, in a format specified by the permitting authority, to be allocated CAIR NO X  allowances, starting with the later of the control period in 2009 or the first control period after the control period in which the CAIR NO X  unit commences commercial operation and until the first control period for which the unit is allocated CAIR NO X  allowances under paragraph (b) of this section. A separate CAIR NO X  allowance allocation request for each control period for which CAIR NO X  allowances are sought must be submitted on or before May 1 of such control period and after the date on which the CAIR NO X  unit commences commercial operation.\n\n(3) In a CAIR NO X  allowance allocation request under paragraph (c)(2) of this section, the CAIR designated representative may request for a control period CAIR NO X  allowances in an amount not exceeding the CAIR NO X  unit's total tons of NO X  emissions during the calendar year immediately before such control period.\n\n(4) The permitting authority will review each CAIR NO X  allowance allocation request under paragraph (c)(2) of this section and will allocate CAIR NO X  allowances for each control period pursuant to such request as follows:\n\n(i) The permitting authority will accept an allowance allocation request only if the request meets, or is adjusted by the permitting authority as necessary to meet, the requirements of paragraphs (c)(2) and (3) of this section.\n\n(ii) On or after May 1 of the control period, the permitting authority will determine the sum of the CAIR NO X  allowances requested (as adjusted under paragraph (c)(4)(i) of this section) in all allowance allocation requests accepted under paragraph (c)(4)(i) of this section for the control period.\n\n(iii) If the amount of CAIR NO X  allowances in the new unit set-aside for the control period is greater than or equal to the sum under paragraph (c)(4)(ii) of this section, then the permitting authority will allocate the amount of CAIR NO X  allowances requested (as adjusted under paragraph (c)(4)(i) of this section) to each CAIR NO X  unit covered by an allowance allocation request accepted under paragraph (c)(4)(i) of this section.\n\n(iv) If the amount of CAIR NO X  allowances in the new unit set-aside for the control period is less than the sum under paragraph (c)(4)(ii) of this section, then the permitting authority will allocate to each CAIR NO X  unit covered by an allowance allocation request accepted under paragraph (c)(4)(i) of this section the amount of the CAIR NO X  allowances requested (as adjusted under paragraph (c)(4)(i) of this section), multiplied by the amount of CAIR NO X  allowances in the new unit set-aside for the control period, divided by the sum determined under paragraph (c)(4)(ii) of this section, and rounded to the nearest whole allowance as appropriate.\n\n(v) The permitting authority will notify each CAIR designated representative that submitted an allowance allocation request of the amount of CAIR NO X  allowances (if any) allocated for the control period to the CAIR NO X  unit covered by the request.\n\n(d) If, after completion of the procedures under paragraph (c)(4) of this section for a control period, any unallocated CAIR NO X  allowances remain in the new unit set-aside for the control period, the permitting authority will allocate to each CAIR NO X  unit that was allocated CAIR NO X  allowances under paragraph (b) of this section an amount of CAIR NO X  allowances equal to the total amount of such remaining unallocated CAIR NO X  allowances, multiplied by the unit's allocation under paragraph (b) of this section, divided by 95 percent for a control period during 2009 through 2014, and 97 percent for a control period during 2015 and thereafter, of the amount of tons of NO X  emissions in the State trading budget under \u00a7 96.140, and rounded to the nearest whole allowance as appropriate."], ["40:40:22.0.1.1.12.16.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "EE", "Subpart EE\u2014CAIR NO", "", "\u00a7 96.143 Compliance supplement pool.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25302, 25383, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a) In addition to the CAIR NO X  allowances allocated under \u00a7 96.142, the permitting authority may allocate for the control period in 2009 up to the following amount of CAIR NO X  allowances to CAIR NO X  units in the respective State:\n\n(b) For any CAIR NO X  unit in the State that achieves NO X  emission reductions in 2007 and 2008 that are not necessary to comply with any State or federal emissions limitation applicable during such years, the CAIR designated representative of the unit may request early reduction credits, and allocation of CAIR NO X  allowances from the compliance supplement pool under paragraph (a) of this section for such early reduction credits, in accordance with the following:\n\n(1) The owners and operators of such CAIR NO X  unit shall monitor and report the NO X  emissions rate and the heat input of the unit in accordance with subpart HH of this part in each control period for which early reduction credit is requested.\n\n(2) The CAIR designated representative of such CAIR NO X  unit shall submit to the permitting authority by May 1, 2009 a request, in a format specified by the permitting authority, for allocation of an amount of CAIR NO X  allowances from the compliance supplement pool not exceeding the sum of the amounts (in tons) of the unit's NO X  emission reductions in 2007 and 2008 that are not necessary to comply with any State or federal emissions limitation applicable during such years, determined in accordance with subpart HH of this part.\n\n(c) For any CAIR NO X  unit in the State whose compliance with the CAIR NO X  emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period, the CAIR designated representative of the unit may request the allocation of CAIR NO X  allowances from the compliance supplement pool under paragraph (a) of this section, in accordance with the following:\n\n(1) The CAIR designated representative of such CAIR NO X  unit shall submit to the permitting authority by May 1, 2009 a request, in a format specified by the permitting authority, for allocation of an amount of CAIR NO X  allowances from the compliance supplement pool not exceeding the minimum amount of CAIR NO X  allowances necessary to remove such undue risk to the reliability of electricity supply.\n\n(2) In the request under paragraph (c)(1) of this section, the CAIR designated representative of such CAIR NO X  unit shall demonstrate that, in the absence of allocation to the unit of the amount of CAIR NO X  allowances requested, the unit's compliance with the CAIR NO X  emissions limitation for the control period in 2009 would create an undue risk to the reliability of electricity supply during such control period. This demonstration must include a showing that it would not be feasible for the owners and operators of the unit to:\n\n(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 X  emissions limitation, to prevent such undue risk; or\n\n(ii) Obtain under paragraphs (b) and (d) of this section, or otherwise obtain, a sufficient amount of CAIR NO X  allowances to prevent such undue risk.\n\n(d) The permitting authority will review each request under paragraph (b) or (c) of this section submitted by May 1, 2009 and will allocate CAIR NO X  allowances for the control period in 2009 to CAIR NO X  units in the State and covered by such request as follows:\n\n(1) Upon receipt of each such request, the permitting authority will make any necessary adjustments to the request to ensure that the amount of the CAIR NO X  allowances requested meets the requirements of paragraph (b) or (c) of this section.\n\n(2) If the State's compliance supplement pool under paragraph (a) of this section has an amount of CAIR NO X  allowances not less than the total amount of CAIR NO X  allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the permitting authority will allocate to each CAIR NO X  unit covered by such requests the amount of CAIR NO X  allowances requested (as adjusted under paragraph (d)(1) of this section).\n\n(3) If the State's compliance supplement pool under paragraph (a) of this section has a smaller amount of CAIR NO X  allowances than the total amount of CAIR NO X  allowances in all such requests (as adjusted under paragraph (d)(1) of this section), the permitting authority will allocate CAIR NO X  allowances to each CAIR NO X  unit covered by such requests according to the following formula and rounding to the nearest whole allowance as appropriate:\n\nUnit's allocation = Unit's adjusted allocation \u00d7 (State's compliance supplement pool \u00f7 Total adjusted allocations for all units)\n\nWhere: \n \n \u2018Unit's allocation\u2019 is the amount of CAIR NO X  allowances allocated to the unit from the State's compliance supplement pool. Unit's adjusted allocation\u201d is the amount of CAIR NO X  allowances requested for the unit under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section. \u201cState's compliance supplement pool\u201d is the amount of CAIR NO X  allowances in the State's compliance supplement pool. \u201cTotal adjusted allocations for all units\u201d is the sum of the amounts of allocations requested for all units under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section.\n\nWhere:\n\n\u2018Unit's allocation\u2019 is the amount of CAIR NO X  allowances allocated to the unit from the State's compliance supplement pool. Unit's adjusted allocation\u201d is the amount of CAIR NO X  allowances requested for the unit under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section. \u201cState's compliance supplement pool\u201d is the amount of CAIR NO X  allowances in the State's compliance supplement pool. \u201cTotal adjusted allocations for all units\u201d is the sum of the amounts of allocations requested for all units under paragraph (b) or (c) of this section, as adjusted under paragraph (d)(1) of this section.\n\n(4) By November 30, 2009, the permitting authority will determine, and submit to the Administrator, the allocations under paragraph (d)(2) or (3)of this section.\n\n(5) By January 1, 2010, the Administrator will record the allocations under paragraph (d)(4) of this section."], ["40:40:22.0.1.1.12.17.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.150 [Reserved]", "EPA", "", "", "", ""], ["40:40:22.0.1.1.12.17.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.151 Establishment of accounts.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25383, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)  Compliance accounts.  Except as provided in \u00a7 96.184(e), upon receipt of a complete certificate of representation under \u00a7 96.113, the Administrator will establish a compliance account for the CAIR NO X  source for which the certificate of representation was submitted unless the source already has a compliance account.\n\n(b)  General accounts \u2014(1)  Application for general account.  (i) Any person may apply to open a general account for the purpose of holding and transferring CAIR NO X  allowances. An application for a general account may designate one and only one CAIR authorized account representative and one and only one alternate CAIR authorized account representative who may act on behalf of the CAIR authorized account representative. The agreement by which the alternate CAIR authorized account representative is selected shall include a procedure for authorizing the alternate CAIR authorized account representative to act in lieu of the CAIR authorized account representative.\n\n(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:\n\n(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;\n\n(B) Organization name and type of organization, if applicable;\n\n(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 X  allowances held in the general account;\n\n(D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: \u201cI 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 X  allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NO X  Annual Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator or a court regarding the general account.\u201d\n\n(E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed.\n\n(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.\n\n(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:\n\n(A) The Administrator will establish a general account for the person or persons for whom the application is submitted.\n\n(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 X  allowances held in the general account in all matters pertaining to the CAIR NO X  Annual Trading Program, notwithstanding any agreement between the CAIR authorized account representative or any alternate CAIR authorized account representative and such person. Any such person shall be bound by any order or decision issued to the CAIR authorized account representative or any alternate CAIR authorized account representative by the Administrator or a court regarding the general account.\n\n(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.\n\n(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 X  allowances held in the general account. Each such submission shall include the following certification statement by the CAIR authorized account representative or any alternate CAIR authorized account representative: \u201cI am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CAIR NO X  allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.\u201d\n\n(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.\n\n(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 X  allowances in the general account.\n\n(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 X  allowances in the general account.\n\n(iii)(A) In the event a person having an ownership interest with respect to CAIR NO X  allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the CAIR authorized account representative and any alternate CAIR authorized account representative of the account, and the decisions and orders of the Administrator or a court, as if the person were included in such list.\n\n(B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR NO X  allowances in the general account, including the addition of a new person, the CAIR authorized account representative or any alternate CAIR authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CAIR NO X  allowances in the general account to include the change.\n\n(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.\n\n(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 X  Annual Trading Program.\n\n(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 X  allowance transfers.\n\n(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.\n\n(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.\n\n(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:\n\n(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;\n\n(B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an \u201cagent\u201d);\n\n(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;\n\n(D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: \u201cI 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 96.151(b)(5)(iv) shall be deemed to be an electronic submission by me.\u201d; and\n\n(E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: \u201cUntil this notice of delegation is superseded by another notice of delegation under 40 CFR 96.151 (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 96.151 (b)(5) is terminated.\u201d\n\n(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.\n\n(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.\n\n(c)  Account identification.  The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section."], ["40:40:22.0.1.1.12.17.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.152 Responsibilities of CAIR authorized account representative.", "EPA", "", "", "", "Following the establishment of a CAIR NO X  Allowance Tracking System account, all submissions to the Administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CAIR NO X  allowances in the account, shall be made only by the CAIR authorized account representative for the account."], ["40:40:22.0.1.1.12.17.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.153 Recordation of CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006]", "(a) By September 30, 2007, the Administrator will record in the CAIR NO X  source's compliance account the CAIR NO X  allowances allocated for the CAIR NO X  units at the source, as submitted by the permitting authority in accordance with \u00a7 96.141(a), for the control periods in 2009, 2010, 2011, 2012, 2013, and 2014.\n\n(b) By December 1, 2009, the Administrator will record in the CAIR NO X  source's compliance account the CAIR NO X  allowances allocated for the CAIR NO X  units at the source, as submitted by the permitting authority in accordance with \u00a7 96.141(b), for the control period in 2015.\n\n(c) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X  source's compliance account the CAIR NO X  allowances allocated for the CAIR NO X  units at the source, as submitted by the permitting authority in accordance with \u00a7 96.141(b), for the control period in the sixth year after the year of the applicable deadline for recordation under this paragraph.\n\n(d) By December 1, 2009 and December 1 of each year thereafter, the Administrator will record in the CAIR NO X  source's compliance account the CAIR NO X  allowances allocated for the CAIR NO X  units at the source, as submitted by the permitting authority or determined by the Administrator in accordance with \u00a7 96.141(c), for the control period in the year of the applicable deadline for recordation under this paragraph.\n\n(e)  Serial numbers for allocated CAIR NO X   allowances.  When recording the allocation of CAIR NO X  allowances for a CAIR NO X  unit in a compliance account, the Administrator will assign each CAIR NO X  allowance a unique identification number that will include digits identifying the year of the control period for which the CAIR NO X  allowance is allocated."], ["40:40:22.0.1.1.12.17.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.154 Compliance with CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006]", "(a)  Allowance transfer deadline.  The CAIR NO X  allowances are available to be deducted for compliance with a source's CAIR NO X  emissions limitation for a control period in a given calendar year only if the CAIR NO X  allowances:\n\n(1) Were allocated for the control period in the year or a prior year; and\n\n(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 X  allowance transfer correctly submitted for recordation under \u00a7\u00a7 96.160 and 96.161 by the allowance transfer deadline for the control period.\n\n(b)  Deductions for compliance.  Following the recordation, in accordance with \u00a7 96.161, of CAIR NO X  allowance transfers submitted for recordation in a source's compliance account by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account CAIR NO X  allowances available under paragraph (a) of this section in order to determine whether the source meets the CAIR NO X  emissions limitation for the control period, as follows:\n\n(1) Until the amount of CAIR NO X  allowances deducted equals the number of tons of total nitrogen oxides emissions, determined in accordance with subpart HH of this part, from all CAIR NO X  units at the source for the control period; or\n\n(2) If there are insufficient CAIR NO X  allowances to complete the deductions in paragraph (b)(1) of this section, until no more CAIR NO X  allowances available under paragraph (a) of this section remain in the compliance account.\n\n(c)(1)  Identification of CAIR NO X   allowances by serial number.  The CAIR authorized account representative for a source's compliance account may request that specific CAIR NO X  allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with paragraph (b) or (d) of this section. Such request shall be submitted to the Administrator by the allowance transfer deadline for the control period and include, in a format prescribed by the Administrator, the identification of the CAIR NO X  source and the appropriate serial numbers.\n\n(2)  First-in, first-out.  The Administrator will deduct CAIR NO X  allowances under paragraph (b) or (d) of this section from the source's compliance account, in the absence of an identification or in the case of a partial identification of CAIR NO X  allowances by serial number under paragraph (c)(1) of this section, on a first-in, first-out (FIFO) accounting basis in the following order:\n\n(i) Any CAIR NO X  allowances that were allocated to the units at the source, in the order of recordation; and then\n\n(ii) Any CAIR NO X  allowances that were allocated to any entity and transferred and recorded in the compliance account pursuant to subpart GG of this part, in the order of recordation.\n\n(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 X  source has excess emissions, the Administrator will deduct from the source's compliance account an amount of CAIR NO X  allowances, allocated for the control period in the immediately following calendar year, equal to 3 times the number of tons of the source's excess emissions.\n\n(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 X  source or the CAIR NO X  units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violations, as ordered under the Clean Air Act or applicable State law.\n\n(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.\n\n(f)  Administrator's action on submissions.  (1) The Administrator may review and conduct independent audits concerning any submission under the CAIR NO X  Annual Trading Program and make appropriate adjustments of the information in the submissions.\n\n(2) The Administrator may deduct CAIR NO X  allowances from or transfer CAIR NO X  allowances to a source's compliance account based on the information in the submissions, as adjusted under paragraph (f)(1) of this section, and record such deductions and transfers."], ["40:40:22.0.1.1.12.17.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.155 Banking.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006]", "(a) CAIR NO X  allowances may be banked for future use or transfer in a compliance account or a general account in accordance with paragraph (b) of this section.\n\n(b) Any CAIR NO X  allowance that is held in a compliance account or a general account will remain in such account unless and until the CAIR NO X  allowance is deducted or transferred under \u00a7 96.154, \u00a7 96.156, or subpart GG or II of this part."], ["40:40:22.0.1.1.12.17.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.156 Account error.", "EPA", "", "", "", "The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR NO X  Allowance Tracking System account. Within 10 business days of making such correction, the Administrator will notify the CAIR authorized account representative for the account."], ["40:40:22.0.1.1.12.17.1.8", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FF", "Subpart FF\u2014CAIR NO", "", "\u00a7 96.157 Closing of general accounts.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006]", "(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 \u00a7\u00a7 96.160 and 96.161 for any CAIR NO X  allowances in the account to one or more other CAIR NO X  Allowance Tracking System accounts.\n\n(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 X  allowances, the Administrator may notify the CAIR authorized account representative for the account that the account will be closed following 20 business days after the notice is sent. The account will be closed after the 20-day period unless, before the end of the 20-day period, the Administrator receives a correctly submitted transfer of CAIR NO X  allowances into the account under \u00a7\u00a7 96.160 and 96.161 or a statement submitted by the CAIR authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed."], ["40:40:22.0.1.1.12.18.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GG", "Subpart GG\u2014CAIR NO", "", "\u00a7 96.160 Submission of CAIR NO", "EPA", "", "", "", "A CAIR authorized account representative seeking recordation of a CAIR NO X  allowance transfer shall submit the transfer to the Administrator. To be considered correctly submitted, the CAIR NO X  allowance transfer shall include the following elements, in a format specified by the Administrator:\n\n(a) The account numbers for both the transferor and transferee accounts;\n\n(b) The serial number of each CAIR NO X  allowance that is in the transferor account and is to be transferred; and\n\n(c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed."], ["40:40:22.0.1.1.12.18.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GG", "Subpart GG\u2014CAIR NO", "", "\u00a7 96.161 EPA recordation.", "EPA", "", "", "", "(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a CAIR NO X  allowance transfer, the Administrator will record a CAIR NO X  allowance transfer by moving each CAIR NO X  allowance from the transferor account to the transferee account as specified by the request, provided that:\n\n(1) The transfer is correctly submitted under \u00a7 96.160; and\n\n(2) The transferor account includes each CAIR NO X  allowance identified by serial number in the transfer.\n\n(b) A CAIR NO X  allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR NO X  allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under \u00a7 96.154 for the control period immediately before such allowance transfer deadline.\n\n(c) Where a CAIR NO X  allowance transfer submitted for recordation fails to meet the requirements of paragraph (a) of this section, the Administrator will not record such transfer."], ["40:40:22.0.1.1.12.18.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GG", "Subpart GG\u2014CAIR NO", "", "\u00a7 96.162 Notification.", "EPA", "", "", "", "(a)  Notification of recordation.  Within 5 business days of recordation of a CAIR NO X  allowance transfer under \u00a7 96.161, the Administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts.\n\n(b)  Notification of non-recordation.  Within 10 business days of receipt of a CAIR NO X  allowance transfer that fails to meet the requirements of \u00a7 96.161(a), the Administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of:\n\n(1) A decision not to record the transfer, and\n\n(2) The reasons for such non-recordation.\n\n(c) Nothing in this section shall preclude the submission of a CAIR NO X  allowance transfer for recordation following notification of non-recordation."], ["40:40:22.0.1.1.12.19.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.170 General requirements.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25384, Apr. 28, 2006]", "The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NO X  unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and in subpart H of part 75 of this chapter. For purposes of complying with such requirements, the definitions in \u00a7 96.102 and in \u00a7 72.2 of this chapter shall apply, and the terms \u201caffected unit,\u201d \u201cdesignated representative,\u201d and \u201ccontinuous emission monitoring system\u201d (or \u201cCEMS\u201d) in part 75 of this chapter shall be deemed to refer to the terms \u201cCAIR NO X  unit,\u201d \u201cCAIR designated representative,\u201d and \u201ccontinuous emission monitoring system\u201d (or \u201cCEMS\u201d) respectively, as defined in \u00a7 96.102. The owner or operator of a unit that is not a CAIR NO X  unit but that is monitored under \u00a7 75.72(b)(2)(ii) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR NO X  unit.\n\n(a)  Requirements for installation, certification, and data accounting.  The owner or operator of each CAIR NO X  unit shall:\n\n(1) Install all monitoring systems required under this subpart for monitoring NO X  mass emissions and individual unit heat input (including all systems required to monitor NO X  emission rate, NO X  concentration, stack gas moisture content, stack gas flow rate, CO 2  or O 2  concentration, and fuel flow rate, as applicable, in accordance with \u00a7\u00a7 75.71 and 75.72 of this chapter);\n\n(2) Successfully complete all certification tests required under \u00a7 96.171 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\n\n(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.\n\n(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.\n\n(1) For the owner or operator of a CAIR NO X  unit that commences commercial operation before July 1, 2007, by January 1, 2008.\n\n(2) For the owner or operator of a CAIR NO X  unit that commences commercial operation on or after July 1, 2007, by the later of the following dates:\n\n(i) January 1, 2008; or\n\n(ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.\n\n(3) For the owner or operator of a CAIR NO X  unit for which construction of a new stack or flue or installation of add-on NO X  emission controls is completed after the applicable deadline under paragraph (b)(1), (2), (4), or (5) of this section, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO X  emissions controls.\n\n(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 \u00a7 96.184(b).\n\n(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR NO X  opt-in unit under subpart II of this part, by the date on which the CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program as provided in \u00a7 96.184(g).\n\n(c)  Reporting data.  The owner or operator of a CAIR NO X  unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for NO X  concentration, NO X  emission rate, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine NO X  mass emissions and heat input in accordance with \u00a7 75.31(b)(2) or (c)(3) of this chapter, section 2.4 of appendix D to part 75 of this chapter, or section 2.5 of appendix E to part 75 of this chapter, as applicable.\n\n(d)  Prohibitions.  (1) No owner or operator of a CAIR NO X  unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with \u00a7 96.175.\n\n(2) No owner or operator of a CAIR NO X  unit shall operate the unit so as to discharge, or allow to be discharged, NO X  emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter.\n\n(3) No owner or operator of a CAIR NO X  unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NO X  mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subpart and part 75 of this chapter.\n\n(4) No owner or operator of a CAIR NO X  unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:\n\n(i) During the period that the unit is covered by an exemption under \u00a7 96.105 that is in effect;\n\n(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\n\n(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 \u00a7 96.171(d)(3)(i).\n\n(e)  Long-term cold storage.  The owner or operator of a CAIR NO X  unit is subject to the applicable provisions of part 75 of this chapter concerning units in long-term cold storage."], ["40:40:22.0.1.1.12.19.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.171 Initial certification and recertification procedures.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "(a) The owner or operator of a CAIR NO X  unit shall be exempt from the initial certification requirements of this section for a monitoring system under \u00a7 96.170(a)(1) if the following conditions are met:\n\n(1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and\n\n(2) The applicable quality-assurance and quality-control requirements of \u00a7 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.\n\n(b) The recertification provisions of this section shall apply to a monitoring system under \u00a7 96.170(a)(1) exempt from initial certification requirements under paragraph (a) of this section.\n\n(c) If the Administrator has previously approved a petition under \u00a7 75.17(a) or (b) of this chapter for apportioning the NO X  emission rate measured in a common stack or a petition under \u00a7 75.66 of this chapter for an alternative to a requirement in \u00a7 75.12 or \u00a7 75.17 of this chapter, the CAIR designated representative shall resubmit the petition to the Administrator under \u00a7 96.175(a) to determine whether the approval applies under the CAIR NO X  Annual Trading Program.\n\n(d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR NO X  unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system ( i.e. , a continuous emission monitoring system and an excepted monitoring system under appendices D and E to part 75 of this chapter) under \u00a7 96.170(a)(1). The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under \u00a7 75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph (e) or (f) of this section respectively.\n\n(1)  Requirements for initial certification.  The owner or operator shall ensure that each continuous monitoring system under \u00a7 96.170(a)(1)(including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under \u00a7 75.20 of this chapter by the applicable deadline in \u00a7 96.170(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 \u00a7 75.20 of this chapter is required.\n\n(2)  Requirements for recertification.  Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under \u00a7 96.170(a)(1) that may significantly affect the ability of the system to accurately measure or record NO X  mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of \u00a7 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with \u00a7 75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with \u00a7 75.20(b) of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system, and any excepted NO X  monitoring system under appendix E to part 75 of this chapter, under \u00a7 96.170(a)(1) are subject to the recertification requirements in \u00a7 75.20(g)(6) of this chapter.\n\n(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 \u00a7 96.170(a)(1). For recertifications, replace the words \u201ccertification\u201d and \u201cinitial certification\u201d with the word \u201crecertification\u201d, replace the word \u201ccertified\u201d with the word \u201crecertified,\u201d and follow the procedures in \u00a7\u00a7 75.20(b)(5) and (g)(7) of this chapter in lieu of the procedures in paragraph (d)(3)(v) of this section.\n\n(i)  Notification of certification.  The CAIR designated representative shall submit to the permitting authority, the appropriate EPA Regional Office, and the Administrator written notice of the dates of certification testing, in accordance with \u00a7 96.173.\n\n(ii)  Certification application.  The CAIR designated representative shall submit to the permitting authority a certification application for each monitoring system. A complete certification application shall include the information specified in \u00a7 75.63 of this chapter.\n\n(iii)  Provisional certification date.  The provisional certification date for a monitoring system shall be determined in accordance with \u00a7 75.20(a)(3) of this chapter. A provisionally certified monitoring system may be used under the CAIR NO X  Annual Trading Program for a period not to exceed 120 days after receipt by the permitting authority of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the permitting authority does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the permitting authority.\n\n(iv)  Certification application approval process.  The permitting authority will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the permitting authority does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR NO X  Annual Trading Program.\n\n(A)  Approval notice.  If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the permitting authority will issue a written notice of approval of the certification application within 120 days of receipt.\n\n(B)  Incomplete application notice.  If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the CAIR designated representative must submit the additional information required to complete the certification application. If the CAIR designated representative does not comply with the notice of incompleteness by the specified date, then the permitting authority may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section. The 120-day review period shall not begin before receipt of a complete certification application.\n\n(C)  Disapproval notice.  If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under \u00a7 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.\n\n(D)  Audit decertification.  The permitting authority or, for a CAIR NO X  opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, the Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with \u00a7 96.172(b).\n\n(v)  Procedures for loss of certification.  If the permitting authority or the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:\n\n(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 \u00a7 75.20(a)(4)(iii), \u00a7 75.20(g)(7), or \u00a7 75.21(e) of this chapter and continuing until the applicable date and hour specified under \u00a7 75.20(a)(5)(i) or (g)(7) of this chapter:\n\n( 1 ) For a disapproved NO X  emission rate ( i.e. , NO X -diluent) system, the maximum potential NO X  emission rate, as defined in \u00a7 72.2 of this chapter.\n\n( 2 ) For a disapproved NO X  pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of NO X  and the maximum potential flow rate, as defined in sections 2.1.2.1 and 2.1.4.1 of appendix A to part 75 of this chapter.\n\n( 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 2  concentration or the minimum potential O 2  concentration (as applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to part 75 of this chapter.\n\n( 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.\n\n( 5 ) For a disapproved excepted NO X  monitoring system under appendix E to part 75 of this chapter, the fuel-specific maximum potential NO X  emission rate, as defined in \u00a7 72.2 of this chapter.\n\n(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.\n\n(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.\n\n(e)  Initial certification and recertification procedures for units using the low mass emission excepted methodology under \u00a7 75.19 of this chapter.  The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under \u00a7 75.19 of this chapter shall meet the applicable certification and recertification requirements in \u00a7\u00a7 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 \u00a7 75.20(g) of this chapter.\n\n(f)  Certification/recertification procedures for alternative monitoring systems.  The CAIR designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, the permitting authority under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of \u00a7 75.20(f) of this chapter."], ["40:40:22.0.1.1.12.19.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.172 Out of control periods.", "EPA", "", "", "", "(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.\n\n(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 \u00a7 96.171 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 permitting authority or, for a CAIR NO X  opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the permitting authority or the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be 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 \u00a7 96.171 for each disapproved monitoring system."], ["40:40:22.0.1.1.12.19.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.173 Notifications.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "The CAIR designated representative for a CAIR NO X  unit shall submit written notice to the permitting authority and the Administrator in accordance with \u00a7 75.61 of this chapter."], ["40:40:22.0.1.1.12.19.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.174 Recordkeeping and reporting.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "(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 \u00a7 75.73 of this chapter, and the requirements of \u00a7 96.110(e)(1).\n\n(b)  Monitoring Plans.  The owner or operator of a CAIR NO X  unit shall comply with requirements of \u00a7 75.73(c) and (e) of this chapter and, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, \u00a7\u00a7 96.183 and 96.184(a).\n\n(c)  Certification Applications.  The CAIR designated representative shall submit an application to the permitting authority within 45 days after completing all initial certification or recertification tests required under \u00a7 96.171, including the information required under \u00a7 75.63 of this chapter.\n\n(d)  Quarterly reports.  The CAIR designated representative shall submit quarterly reports, as follows:\n\n(1) The CAIR designated representative shall report the NO X  mass emissions data and heat input data for the CAIR NO X  unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:\n\n(i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering January 1, 2008 through March 31, 2008;\n\n(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 \u00a7 96.170(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;\n\n(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 \u00a7 96.184(b); and\n\n(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR NO X  opt-in unit under subpart II of this part, the calendar quarter corresponding to the date on which the CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program as provided in \u00a7 96.184(g).\n\n(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 \u00a7 75.73(f) of this chapter.\n\n(3) For CAIR NO X  units that are also subject to an Acid Rain emissions limitation or the CAIR NO X  Ozone Season Trading Program, CAIR SO 2  Trading Program, or Hg Budget Trading Program, quarterly reports shall include the applicable data and information required by subparts F through I of part 75 of this chapter as applicable, in addition to the NO X  mass emission data, heat input data, and other information required by this subpart.\n\n(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:\n\n(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\n\n(2) For a unit with add-on NO X  emission controls and for all hours where NO X  data are substituted in accordance with \u00a7 75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate NO X  emissions."], ["40:40:22.0.1.1.12.19.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HH", "Subpart HH\u2014Monitoring and Reporting", "", "\u00a7 96.175 Petitions.", "EPA", "", "", "", "(a) Except as provided in paragraph (b)(2) of this section, the CAIR designated representative of a CAIR NO X  unit that is subject to an Acid Rain emissions limitation may submit a petition under \u00a7 75.66 of this chapter to the Administrator requesting approval to apply an alternative to any requirement of this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator, in consultation with the permitting authority.\n\n(b)(1) The CAIR designated representative of a CAIR NO X  unit that is not subject to an Acid Rain emissions limitation may submit a petition under \u00a7 75.66 of this chapter to the permitting authority and the Administrator requesting approval to apply an alternative to any requirement of this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by both the permitting authority and the Administrator.\n\n(2) The CAIR designated representative of a CAIR NO X  unit that is subject to an Acid Rain emissions limitation may submit a petition under \u00a7 75.66 of this chapter to the permitting authority and the Administrator requesting approval to apply an alternative to a requirement concerning any additional continuous emission monitoring system required under \u00a7 75.72 of this chapter. Application of an alternative to any such requirement is in accordance with this subpart only to the extent that the petition is approved in writing by both the permitting authority and the Administrator."], ["40:40:22.0.1.1.12.2.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "B", "Subpart B\u2014NO", "", "\u00a7 96.10 Authorization and responsibilities of the NO", "EPA", "", "", "", "(a) Except as provided under \u00a7 96.11, each NO X  Budget source, including all NO X  Budget units at the source, shall have one and only one NO X  authorized account representative, with regard to all matters under the NO X  Budget Trading Program concerning the source or any NO X  Budget unit at the source.\n\n(b) The NO X  authorized account representative of the NO X  Budget source shall be selected by an agreement binding on the owners and operators of the source and all NO X  Budget units at the source.\n\n(c) Upon receipt by the Administrator of a complete account certificate of representation under \u00a7 96.13, the NO X  authorized account representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the NO X  Budget source represented and each NO X  Budget unit at the source in all matters pertaining to the NO X  Budget Trading Program, not withstanding any agreement between the NO X  authorized account representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the NO X  authorized account representative by the permitting authority, the Administrator, or a court regarding the source or unit.\n\n(d) No NO X  Budget permit shall be issued, and no NO X  Allowance Tracking System account shall be established for a NO X  Budget unit at a source, until the Administrator has received a complete account certificate of representation under \u00a7 96.13 for a NO X  authorized account representative of the source and the NO X  Budget units at the source.\n\n(e)(1) Each submission under the NO X  Budget Trading Program shall be submitted, signed, and certified by the NO X  authorized account representative for each NO X  Budget source on behalf of which the submission is made. Each such submission shall include the following certification statement by the NO X  authorized account representative: \u201cI am authorized to make this submission on behalf of the owners and operators of the NO X  Budget sources or NO X  Budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.\u201d\n\n(2) The permitting authority and the Administrator will accept or act on a submission made on behalf of owner or operators of a NO X  Budget source or a NO X  Budget unit only if the submission has been made, signed, and certified in accordance with paragraph (e)(1) of this section."], ["40:40:22.0.1.1.12.2.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "B", "Subpart B\u2014NO", "", "\u00a7 96.11 Alternate NO", "EPA", "", "", "", "(a) An account certificate of representation may designate one and only one alternate NO X  authorized account representative who may act on behalf of the NO X  authorized account representative. The agreement by which the alternate NO X  authorized account representative is selected shall include a procedure for authorizing the alternate NO X  authorized account representative to act in lieu of the NO X  authorized account representative.\n\n(b) Upon receipt by the Administrator of a complete account certificate of representation under \u00a7 96.13, any representation, action, inaction, or submission by the alternate NO X  authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NO X  authorized account representative.\n\n(c) Except in this section and \u00a7\u00a7 96.10(a), 96.12, 96.13, and 96.51, whenever the term \u201cNO X  authorized account representative\u201d is used in this part, the term shall be construed to include the alternate NO X  authorized account representative."], ["40:40:22.0.1.1.12.2.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "B", "Subpart B\u2014NO", "", "\u00a7 96.12 Changing the NO", "EPA", "", "", "", "(a)  Changing the NO X   authorized account representative.  The NO X  authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under \u00a7 96.13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NO X  authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new NO X  authorized account representative and the owners and operators of the NO X  Budget source and the NO X  Budget units at the source.\n\n(b) Changing the alternate NO X  authorized account representative. The alternate NO X  authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under \u00a7 96.13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NO X  authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new alternate NO X  authorized account representative and the owners and operators of the NO X  Budget source and the NO X  Budget units at the source.\n\n(c)  Changes in the owners and operators.  (1) In the event a new owner or operator of a NO X  Budget source or a NO X  Budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the NO X  authorized account representative and any alternate NO X  authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the permitting authority or the Administrator, as if the new owner or operator were included in such list.\n\n(2) Within 30 days following any change in the owners and operators of a NO X  Budget source or a NO X  Budget unit, including the addition of a new owner or operator, the NO X  authorized account representative or alternate NO X  authorized account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change."], ["40:40:22.0.1.1.12.2.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "B", "Subpart B\u2014NO", "", "\u00a7 96.13 Account certificate of representation.", "EPA", "", "", "", "(a) A complete account certificate of representation for a NO X  authorized account representative or an alternate NO X  authorized account representative shall include the following elements in a format prescribed by the Administrator:\n\n(1) Identification of the NO X  Budget source and each NO X  Budget unit at the source for which the account certificate of representation is submitted.\n\n(2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the NO X  authorized account representative and any alternate NO X  authorized account representative.\n\n(3) A list of the owners and operators of the NO X  Budget source and of each NO X  Budget unit at the source.\n\n(4) The following certification statement by the NO X  authorized account representative and any alternate NO X  authorized account representative: \u201cI certify that I was selected as the NO X  authorized account representative or alternate NO X  authorized account representative, as applicable, by an agreement binding on the owners and operators of the NO X  Budget source and each NO X  Budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the NO X  Budget Trading Program on behalf of the owners and operators of the NO X  Budget source and of each NO X  Budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the permitting authority, the Administrator, or a court regarding the source or unit.\u201d\n\n(5) The signature of the NO X  authorized account representative and any alternate NO X  authorized account representative and the dates signed.\n\n(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."], ["40:40:22.0.1.1.12.2.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "B", "Subpart B\u2014NO", "", "\u00a7 96.14 Objections concerning the NO", "EPA", "", "", "", "(a) Once a complete account certificate of representation under \u00a7 96.13 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 \u00a7 96.13 is received by the Administrator.\n\n(b) Except as provided in \u00a7 96.12(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 X  authorized account representative shall affect any representation, action, inaction, or submission of the NO X  authorized account representative or the finality of any decision or order by the permitting authority or the Administrator under the NO X  Budget Trading Program.\n\n(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 X  authorized account representative, including private legal disputes concerning the proceeds of NO X  allowance transfers."], ["40:40:22.0.1.1.12.20.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.180 Applicability.", "EPA", "", "", "", "A CAIR NO X  opt-in unit must be a unit that:\n\n(a) Is located in the State;\n\n(b) Is not a CAIR NO X  unit under \u00a7 96.104 and is not covered by a retired unit exemption under \u00a7 96.105 that is in effect;\n\n(c) Is not covered by a retired unit exemption under \u00a7 72.8 of this chapter that is in effect;\n\n(d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and\n\n(e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HH of this part."], ["40:40:22.0.1.1.12.20.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.181 General.", "EPA", "", "", "", "(a) Except as otherwise provided in \u00a7\u00a7 96.101 through 96.104, \u00a7\u00a7 96.106 through 96.108, and subparts BB and CC and subparts FF through HH of this part, a CAIR NO X  opt-in unit shall be treated as a CAIR NO X  unit for purposes of applying such sections and subparts of this part.\n\n(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 X  unit before issuance of a CAIR opt-in permit for such unit."], ["40:40:22.0.1.1.12.20.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.182 CAIR designated representative.", "EPA", "", "", "", "Any CAIR NO X  opt-in unit, and any unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, located at the same source as one or more CAIR NO X  units shall have the same CAIR designated representative and alternate CAIR designated representative as such CAIR NO X  units."], ["40:40:22.0.1.1.12.20.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.183 Applying for CAIR opt-in permit.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "(a)  Applying for initial CAIR opt-in permit.  The CAIR designated representative of a unit meeting the requirements for a CAIR NO X  opt-in unit in \u00a7 96.180 may apply for an initial CAIR opt-in permit at any time, except as provided under \u00a7 96.186(f) and (g), and, in order to apply, must submit the following:\n\n(1) A complete CAIR permit application under \u00a7 96.122;\n\n(2) A certification, in a format specified by the permitting authority, that the unit:\n\n(i) Is not a CAIR NO X  unit under \u00a7 96.104 and is not covered by a retired unit exemption under \u00a7 96.105 that is in effect;\n\n(ii) Is not covered by a retired unit exemption under \u00a7 72.8 of this chapter that is in effect;\n\n(iii) Vents all of its emissions to a stack, and\n\n(iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under \u00a7 96.122;\n\n(3) A monitoring plan in accordance with subpart HH of this part;\n\n(4) A complete certificate of representation under \u00a7 96.113 consistent with \u00a7 96.182, if no CAIR designated representative has been previously designated for the source that includes the unit; and\n\n(5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NO X  allowances under \u00a7 96.188(b) or \u00a7 96.188(c) (subject to the conditions in \u00a7\u00a7 96.184(h) and 96.186(g)). If allocation under \u00a7 96.188(c) is requested, this statement shall include a statement that the owners and operators of the unit intend to repower the unit before January 1, 2015 and that they will provide, upon request, documentation demonstrating such intent.\n\n(b)  Duty to reapply.  (1) The CAIR designated representative of a CAIR NO X  opt-in unit shall submit a complete CAIR permit application under \u00a7 96.122 to renew the CAIR opt-in unit permit in accordance with the permitting authority's regulations for title V operating permits, or the permitting authority's regulations for other federally enforceable permits if applicable, addressing permit renewal.\n\n(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR NO X  opt-in unit from the CAIR NO X  Annual Trading Program in accordance with \u00a7 96.186 or the unit becomes a CAIR NO X  unit under \u00a7 96.104, the CAIR NO X  opt-in unit shall remain subject to the requirements for a CAIR NO X  opt-in unit, even if the CAIR designated representative for the CAIR NO X  opt-in unit fails to submit a CAIR permit application that is required for renewal of the CAIR opt-in permit under paragraph (b)(1) of this section."], ["40:40:22.0.1.1.12.20.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.184 Opt-in process.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "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 \u00a7 96.183 is submitted in accordance with the following:\n\n(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 \u00a7 96.183. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO X  emissions rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with subpart HH of this part. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.\n\n(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 X  emissions rate and the heat input of the unit and all other applicable parameters, in accordance with subpart HH of this part, starting on the date of certification of the appropriate monitoring systems under subpart HH of this part and continuing until a CAIR opt-in permit is denied under \u00a7 96.184(f) or, if a CAIR opt-in permit is issued, the date and time when the unit is withdrawn from the CAIR NO X  Annual Trading Program in accordance with \u00a7 96.186.\n\n(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 X  Annual Trading Program under \u00a7 96.184(g), during which period monitoring system availability must not be less than 90 percent under subpart HH of this part and the unit must be in full compliance with any applicable State or Federal emissions or emissions-related requirements.\n\n(2) To the extent the NO X  emissions rate and the heat input of the unit are monitored and reported in accordance with subpart HH of this part for one or more control periods, in addition to the control period under paragraph (b)(1)(ii) of this section, during which control periods monitoring system availability is not less than 90 percent under subpart HH of this part and the unit is in full compliance with any applicable State or Federal emissions or emissions-related requirements and which control periods begin not more than 3 years before the unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g), such information shall be used as provided in paragraphs (c) and (d) of this section.\n\n(c)  Baseline heat input.  The unit's baseline heat input shall equal:\n\n(1) If the unit's NO X  emissions rate and heat input are monitored and reported for only one control period, in accordance with paragraph (b)(1) of this section, the unit's total heat input (in mmBtu) for the control period; or\n\n(2) If the unit's NO X  emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs (b)(1) and (2) of this section, the average of the amounts of the unit's total heat input (in mmBtu) for the control periods under paragraphs (b)(1)(ii) and (2) of this section.\n\n(d)  Baseline NO X   emission rate.  The unit's baseline NO X  emission rate shall equal:\n\n(1) If the unit's NO X  emissions rate and heat input are monitored and reported for only one control period, in accordance with paragraph (b)(1) of this section, the unit's NO X  emissions rate (in lb/mmBtu) for the control period;\n\n(2) If the unit's NO X  emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs (b)(1) and (2) of this section, and the unit does not have add-on NO X  emission controls during any such control periods, the average of the amounts of the unit's NO X  emissions rate (in lb/mmBtu) for the control periods under paragraphs (b)(1)(ii) and (2) of this section; or\n\n(3) If the unit's NO X  emissions rate and heat input are monitored and reported for more than one control period, in accordance with paragraphs (b)(1) and (2) of this section, and the unit has add-on NO X  emission controls during any such control periods, the average of the amounts of the unit's NO X  emissions rate (in lb/mmBtu) for such control periods during which the unit has add-on NO X  emission controls.\n\n(e)  Issuance of CAIR opt-in permit.  After calculating the baseline heat input and the baseline NO X  emissions rate for the unit under paragraphs (c) and (d) of this section and if the permitting authority determines that the CAIR designated representative shows that the unit meets the requirements for a CAIR NO X  opt-in unit in \u00a7 96.180 and meets the elements certified in \u00a7 96.183(a)(2), the permitting authority will issue a CAIR opt-in permit. The permitting authority will provide a copy of the CAIR opt-in permit to the Administrator, who will then establish a compliance account for the source that includes the CAIR NO X  opt-in unit unless the source already has a compliance account.\n\n(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 X  opt-in unit in \u00a7 96.180 or meets the elements certified in \u00a7 96.183(a)(2), the permitting authority will issue a denial of a CAIR opt-in permit for the unit.\n\n(g)  Date of entry into CAIR NO X   Annual Trading Program.  A unit for which an initial CAIR opt-in permit is issued by the permitting authority shall become a CAIR NO X  opt-in unit, and a CAIR NO X  unit, as of the later of January 1, 2009 or January 1 of the first control period during which such CAIR opt-in permit is issued.\n\n(h)  Repowered CAIR NO X   opt-in unit.  (1) If CAIR designated representative requests, and the permitting authority issues a CAIR opt-in permit providing for, allocation to a CAIR NO X  opt-in unit of CAIR NO X  allowances under \u00a7 96.188(c) and such unit is repowered after its date of entry into the CAIR NO X  Annual Trading Program under paragraph (g) of this section, the repowered unit shall be treated as a CAIR NO X  opt-in unit replacing the original CAIR NO X  opt-in unit, as of the date of start-up of the repowered unit's combustion chamber.\n\n(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 X  emission rate as the original CAIR NO X  opt-in unit, and the original CAIR NO X  opt-in unit shall no longer be treated as a CAIR NO X  opt-in unit or a CAIR NO X  unit."], ["40:40:22.0.1.1.12.20.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.185 CAIR opt-in permit contents.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "(a) Each CAIR opt-in permit will contain:\n\n(1) All elements required for a complete CAIR permit application under \u00a7 96.122;\n\n(2) The certification in \u00a7 96.183(a)(2);\n\n(3) The unit's baseline heat input under \u00a7 96.184(c);\n\n(4) The unit's baseline NO X  emission rate under \u00a7 96.184(d);\n\n(5) A statement whether the unit is to be allocated CAIR NO X  allowances \u00a7 96.188(b) or \u00a7 96.188(c) (subject to the conditions in \u00a7\u00a7 96.184(h) and 96.186(g));\n\n(6) A statement that the unit may withdraw from the CAIR NO X  Annual Trading Program only in accordance with \u00a7 96.186; and\n\n(7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of \u00a7 96.187.\n\n(b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under \u00a7 96.102 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 X  allowances to or from the compliance account of the source that includes a CAIR NO X  opt-in unit covered by the CAIR opt-in permit.\n\n(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 X  opt-in unit is located and in a title V operating permit or other federally enforceable permit for the source."], ["40:40:22.0.1.1.12.20.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.186 Withdrawal from CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "Except as provided under paragraph (g) of this section, a CAIR NO X  opt-in unit may withdraw from the CAIR NO X  Annual Trading Program, but only if the permitting authority issues a notification to the CAIR designated representative of the CAIR NO X  opt-in unit of the acceptance of the withdrawal of the CAIR NO X  opt-in unit in accordance with paragraph (d) of this section.\n\n(a)  Requesting withdrawal.  In order to withdraw a CAIR CAIR NO X  opt-in unit from the CAIR NO X  Annual Trading Program, the CAIR designated representative of the CAIR NO X  opt-in unit shall submit to the permitting authority a request to withdraw effective as of midnight of December 31 of a specified calendar year, which date must be at least 4 years after December 31 of the year of entry into the CAIR NO X  Annual Trading Program under \u00a7 96.184(g). The request must be submitted no later than 90 days before the requested effective date of withdrawal.\n\n(b)  Conditions for withdrawal.  Before a CAIR NO X  opt-in unit covered by a request under paragraph (a) of this section may withdraw from the CAIR NO X  Annual Trading Program and the CAIR opt-in permit may be terminated under paragraph (e) of this section, the following conditions must be met:\n\n(1) For the control period ending on the date on which the withdrawal is to be effective, the source that includes the CAIR NO X  opt-in unit must meet the requirement to hold CAIR NO X  allowances under \u00a7 96.106(c) and cannot have any excess emissions.\n\n(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 X  opt-in unit CAIR NO X  allowances equal in amount to and allocated for the same or a prior control period as any CAIR NO X  allowances allocated to the CAIR NO X  opt-in unit under \u00a7 96.188 for any control period for which the withdrawal is to be effective. If there are no remaining CAIR NO X  units at the source, the Administrator will close the compliance account, and the owners and operators of the CAIR NO X  opt-in unit may submit a CAIR NO X  allowance transfer for any remaining CAIR NO X  allowances to another CAIR NO X  Allowance Tracking System in accordance with subpart GG of this part.\n\n(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 X  allowances required), the permitting authority will issue a notification to the CAIR designated representative of the CAIR NO X  opt-in unit of the acceptance of the withdrawal of the CAIR NO X  opt-in unit as of midnight on December 31 of the calendar year for which the withdrawal was requested.\n\n(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 X  opt-in unit that the CAIR NO X  opt-in unit's request to withdraw is denied. Such CAIR NO X  opt-in unit shall continue to be a CAIR NO X  opt-in unit.\n\n(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 X  opt-in unit to terminate the CAIR opt-in permit for such unit as of the effective date specified under paragraph (c)(1) of this section. The unit shall continue to be a CAIR NO X  opt-in unit until the effective date of the termination and shall comply with all requirements under the CAIR NO X  Annual Trading Program concerning any control periods for which the unit is a CAIR NO X  opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.\n\n(e)  Reapplication upon failure to meet conditions of withdrawal.  If the permitting authority denies the CAIR NO X  opt-in unit's request to withdraw, the CAIR designated representative may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section.\n\n(f)  Ability to reapply to the CAIR NO X   Annual Trading Program.  Once a CAIR NO X  opt-in unit withdraws from the CAIR NO X  Annual Trading Program and its CAIR opt-in permit is terminated under this section, the CAIR designated representative may not submit another application for a CAIR opt-in permit under \u00a7 96.183 for such CAIR NO X  opt-in unit before the date that is 4 years after the date on which the withdrawal became effective. Such new application for a CAIR opt-in permit will be treated as an initial application for a CAIR opt-in permit under \u00a7 96.184.\n\n(g)  Inability to withdraw.  Notwithstanding paragraphs (a) through (f) of this section, a CAIR NO X  opt-in unit shall not be eligible to withdraw from the CAIR NO X  Annual Trading Program if the CAIR designated representative of the CAIR NO X  opt-in unit requests, and the permitting authority issues a CAIR NO X  opt-in permit providing for, allocation to the CAIR NO X  opt-in unit of CAIR NO X  allowances under \u00a7 96.188(c)."], ["40:40:22.0.1.1.12.20.1.8", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.187 Change in regulatory status.", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)  Notification.  If a CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104, then the CAIR designated representative shall notify in writing the permitting authority and the Administrator of such change in the CAIR NO X  opt-in unit's regulatory status, within 30 days of such change.\n\n(b)  Permitting authority's and Administrator's actions.  (1) If a CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104, the permitting authority will revise the CAIR NO X  opt-in unit's CAIR opt-in permit to meet the requirements of a CAIR permit under \u00a7 96.123, and remove the CAIR opt-in permit provisions, as of the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104.\n\n(2)(i) The Administrator will deduct from the compliance account of the source that includes the CAIR NO X  opt-in unit that becomes a CAIR NO X  unit under \u00a7 96.104, CAIR NO X  allowances equal in amount to and allocated for the same or a prior control period as:\n\n(A) Any CAIR NO X  allowances allocated to the CAIR NO X  opt-in unit under \u00a7 96.188 for any control period after the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104; and\n\n(B) If the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104 is not December 31, the CAIR NO X  allowances allocated to the CAIR NO X  opt-in unit under \u00a7 96.188 for the control period that includes the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104, multiplied by the ratio of the number of days, in the control period, starting with the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104 divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate.\n\n(ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO X  opt-in unit that becomes a CAIR NO X  unit under \u00a7 96.104 contains the CAIR NO X  allowances necessary for completion of the deduction under paragraph (b)(2)(i) of this section.\n\n(3)(i) For every control period after the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104, the CAIR NO X  opt-in unit will be allocated CAIR NO X  allowances under \u00a7 96.142.\n\n(ii) If the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104 is not December 31, the following amount of CAIR NO X  allowances will be allocated to the CAIR NO X  opt-in unit (as a CAIR NO X  unit) under \u00a7 96.142 for the control period that includes the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104:\n\n(A) The amount of CAIR NO X  allowances otherwise allocated to the CAIR NO X  opt-in unit (as a CAIR NO X  unit) under \u00a7 96.142 for the control period multiplied by;\n\n(B) The ratio of the number of days, in the control period, starting with the date on which the CAIR NO X  opt-in unit becomes a CAIR NO X  unit under \u00a7 96.104, divided by the total number of days in the control period; and\n\n(C) Rounded to the nearest whole allowance as appropriate."], ["40:40:22.0.1.1.12.20.1.9", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "II", "Subpart II\u2014CAIR NO", "", "\u00a7 96.188 CAIR NO", "EPA", "", "", "[70 FR 25339, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006]", "(a)  Timing requirements.  (1) When the CAIR opt-in permit is issued under \u00a7 96.184(e), the permitting authority will allocate CAIR NO X  allowances to the CAIR NO X  opt-in unit, and submit to the Administrator the allocation for the control period in which a CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g), in accordance with paragraph (b) or (c) of this section.\n\n(2) By no later than October 31 of the control period after the control period in which a CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g) and October 31 of each year thereafter, the permitting authority will allocate CAIR NO X  allowances to the CAIR NO X  opt-in unit, and submit to the Administrator the allocation for the control period that includes such submission deadline and in which the unit is a CAIR NO X  opt-in unit, in accordance with paragraph (b) or (c) of this section.\n\n(b)  Calculation of allocation.  For each control period for which a CAIR NO X  opt-in unit is to be allocated CAIR NO X  allowances, the permitting authority will allocate in accordance with the following procedures:\n\n(1) The heat input (in mmBtu) used for calculating the CAIR NO X  allowance allocation will be the lesser of:\n\n(i) The CAIR NO X  opt-in unit's baseline heat input determined under \u00a7 96.184(c); or\n\n(ii) The CAIR NO X  opt-in unit's heat input, as determined in accordance with subpart HH of this part, for the immediately prior control period, except when the allocation is being calculated for the control period in which the CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g).\n\n(2) The NO X  emission rate (in lb/mmBtu) used for calculating CAIR NO X  allowance allocations will be the lesser of:\n\n(i) The CAIR NO X  opt-in unit's baseline NO X  emissions rate (in lb/mmBtu) determined under \u00a7 96.184(d) and multiplied by 70 percent; or\n\n(ii) The most stringent State or Federal NO X  emissions limitation applicable to the CAIR NO X  opt-in unit at any time during the control period for which CAIR NO X  allowances are to be allocated.\n\n(3) The permitting authority will allocate CAIR NO X  allowances to the CAIR NO X  opt-in unit in an amount equaling the heat input under paragraph (b)(1) of this section, multiplied by the NO X  emission rate under paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded to the nearest whole allowance as appropriate.\n\n(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 \u00a7 96.183(a)(5)) providing for, allocation to a CAIR NO X  opt-in unit of CAIR NO X  allowances under this paragraph (subject to the conditions in \u00a7\u00a7 96.184(h) and 96.186(g)), the permitting authority will allocate to the CAIR NO X  opt-in unit as follows:\n\n(1) For each control period in 2009 through 2014 for which the CAIR NO X  opt-in unit is to be allocated CAIR NO X  allowances,\n\n(i) The heat input (in mmBtu) used for calculating CAIR NO X  allowance allocations will be determined as described in paragraph (b)(1) of this section.\n\n(ii) The NO X  emission rate (in lb/mmBtu) used for calculating CAIR NO X  allowance allocations will be the lesser of:\n\n(A) The CAIR NO X  opt-in unit's baseline NO X  emissions rate (in lb/mmBtu) determined under \u00a7 96.184(d); or\n\n(B) The most stringent State or Federal NO X  emissions limitation applicable to the CAIR NO X  opt-in unit at any time during the control period in which the CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g).\n\n(iii) The permitting authority will allocate CAIR NO X  allowances to the CAIR NO X  opt-in unit in an amount equaling the heat input under paragraph (c)(1)(i) of this section, multiplied by the NO X  emission rate under paragraph (c)(1)(ii) of this section, divided by 2,000 lb/ton, and rounded to the nearest whole allowance as appropriate.\n\n(2) For each control period in 2015 and thereafter for which the CAIR NO X  opt-in unit is to be allocated CAIR NO X  allowances,\n\n(i) The heat input (in mmBtu) used for calculating the CAIR NO X  allowance allocations will be determined as described in paragraph (b)(1) of this section.\n\n(ii) The NO X  emission rate (in lb/mmBtu) used for calculating the CAIR NO X  allowance allocation will be the lesser of:\n\n(A) 0.15 lb/mmBtu;\n\n(B) The CAIR NO X  opt-in unit's baseline NO X  emissions rate (in lb/mmBtu) determined under \u00a7 96.184(d); or\n\n(C) The most stringent State or Federal NO X  emissions limitation applicable to the CAIR NO X  opt-in unit at any time during the control period for which CAIR NO X  allowances are to be allocated.\n\n(iii) The permitting authority will allocate CAIR NO X  allowances to the CAIR NO X  opt-in unit in an amount equaling the heat input under paragraph (c)(2)(i) of this section, multiplied by the NO X  emission rate under paragraph (c)(2)(ii) of this section, divided by 2,000 lb/ton, and rounded to the nearest whole allowance as appropriate.\n\n(d)  Recordation.  (1) The Administrator will record, in the compliance account of the source that includes the CAIR NO X  opt-in unit, the CAIR NO X  allowances allocated by the permitting authority to the CAIR NO X  opt-in unit under paragraph (a)(1) of this section.\n\n(2) By December 1 of the control period in which a CAIR NO X  opt-in unit enters the CAIR NO X  Annual Trading Program under \u00a7 96.184(g) and December 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the CAIR NO X  opt-in unit, the CAIR NO X  allowances allocated by the permitting authority to the CAIR NO X  opt-in unit under paragraph (a)(2) of this section."], ["40:40:22.0.1.1.12.22.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.201 Purpose.", "EPA", "", "", "", "This subpart and subparts BBB through III establish the model rule comprising general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the State Clean Air Interstate Rule (CAIR) SO 2  Trading Program, under section 110 of the Clean Air Act and \u00a7 51.124 of this chapter, as a means of mitigating interstate transport of fine particulates and sulfur dioxide. The owner or operator of a unit or a source shall comply with the requirements of this subpart and subparts BBB through III as a matter of federal law only if the State with jurisdiction over the unit and the source incorporates by reference such subparts or otherwise adopts the requirements of such subparts in accordance with \u00a7 51.124(o)(1) or (2) of this chapter, the State submits to the Administrator one or more revisions of the State implementation plan that include such adoption, and the Administrator approves such revisions. If the State adopts the requirements of such subparts in accordance with \u00a7 51.124(o)(1) or (2) of this chapter, then the State authorizes the Administrator to assist the State in implementing the CAIR SO 2  Trading Program by carrying out the functions set forth for the Administrator in such subparts."], ["40:40:22.0.1.1.12.22.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.202 Definitions.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25385, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006; 72 FR 59206, Oct. 19, 2007]", "The terms used in this subpart and subparts BBB through III shall have the meanings set forth in this section as follows:\n\nAccount number  means the identification number given by the Administrator to each CAIR SO 2  Allowance Tracking System account.\n\nAcid Rain emissions limitation  means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program.\n\nAcid 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.\n\nAdministrator  means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.\n\nAllocate  or  allocation  means, with regard to CAIR SO 2  allowances issued under the Acid Rain Program, the determination by the Administrator of the amount of such CAIR SO 2  allowances to be initially credited to a CAIR SO 2  unit or other entity and, with regard to CAIR SO 2  allowances issued under provisions of a State implementation plan that are approved under \u00a7 51.124(o)(1) or (2) or (r) of this chapter or \u00a7 97.288 of this chapter, the determination by a permitting authority of the amount of such CAIR SO 2  allowances to be initially credited to a CAIR SO 2  unit or other entity.\n\nAllowance 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 2  allowance transfer must be submitted for recordation in a CAIR SO 2  source's compliance account in order to be used to meet the source's CAIR SO 2  emissions limitation for such control period in accordance with \u00a7 96.254.\n\nAlternate CAIR designated representative  means, for a CAIR SO 2  source and each CAIR SO 2  unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with subparts BBB and III of this part, to act on behalf of the CAIR designated representative in matters pertaining to the CAIR SO 2  Trading Program. If the CAIR SO 2  source is also a CAIR NO X  source, then this natural person shall be the same person as the alternate CAIR designated representative under the CAIR NO X  Annual Trading Program. If the CAIR SO 2  source is also a CAIR NO X  Ozone Season source, then this natural person shall be the same person as the alternate CAIR designated representative under the CAIR NO X  Ozone Season Trading Program. If the CAIR SO 2  source is also subject to the Acid Rain Program, then this natural person shall be the same person as the alternate designated representative under the Acid Rain Program. If the CAIR SO 2  source is also subject to the Hg Budget Trading Program, then this natural person shall be the same person as the alternate Hg designated representative under the Hg Budget Trading Program.\n\nAutomated 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.\n\nBiomass  means\u2014\n\n(1) Any organic material grown for the purpose of being converted to energy;\n\n(2) Any organic byproduct of agriculture that can be converted into energy; or\n\n(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;\n\n(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or\n\n(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.\n\nBoiler  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.\n\nBottoming-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.\n\nCAIR 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 2  allowances held in the general account and, with regard to a compliance account, the CAIR designated representative of the source.\n\nCAIR designated representative  means, for a CAIR SO 2  source and each CAIR SO 2  unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with subparts BBB and III of this part, to represent and legally bind each owner and operator in matters pertaining to the CAIR SO 2  Trading Program. If the CAIR SO 2  source is also a CAIR NO X  source, then this natural person shall be the same person as the CAIR designated representative under the CAIR NO X  Annual Trading Program. If the CAIR SO 2  source is also a CAIR NO X  Ozone Season source, then this natural person shall be the same person as the CAIR designated representative under the CAIR NO X  Ozone Season Trading Program. If the CAIR SO 2  source is also subject to the Acid Rain Program, then this natural person shall be the same person as the designated representative under the Acid Rain Program. If the CAIR SO 2  source is also subject to the Hg Budget Trading Program, then this natural person shall be the same person as the Hg designated representative under the Hg Budget Trading Program.\n\nCAIR NO   X   Annual Trading Program  means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AA through II of this part and \u00a7 51.123(o)(1) or (2) of this chapter or established by the Administrator in accordance with subparts AA through II of part 97 of this chapter and \u00a7\u00a7 51.123(p) and 52.35 of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides.\n\nCAIR NO X   Ozone Season source  means a source that includes one or more CAIR NO X  Ozone Season units.\n\nCAIR NO X   Ozone Season Trading Program  means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AAAA through IIII of this part and \u00a7 51.123(aa)(1) or (2) (and (bb)(1)), (bb)(2), or (dd) of this chapter or established by the Administrator in accordance with subparts AA through II of part 97 of this chapter and \u00a7\u00a7 51.123(p) and 52.35 of this chapter, as a means of mitigating interstate transport of ozone and nitrogen oxides.\n\nCAIR NO X   source  means a source that is subject to the CAIR NO X  Ozone Season Trading Program.\n\nCAIR 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 2  Trading Program requirements applicable to a CAIR SO 2  source, to each CAIR SO 2  unit at the source, and to the owners and operators and the CAIR designated representative of the source and each such unit.\n\nCAIR SO 2   allowance  means a limited authorization issued by the Administrator under the Acid Rain Program, or by a permitting authority under provisions of a State implementation plan that are approved under \u00a7 51.124(o)(1) or (2) or (r) of this chapter or \u00a7 97.288 of this chapter,\u201d, by designating the last sentence of the definition as paragraph (4), and by revising in paragraph (4) the words \u201c(Program or under the provisions of a State implementation plan that is approved under \u00a7 51.124(o)(1) or (2) of this chapter\u201d to read \u201c(Program, provisions of a State implementation plan that are approved under \u00a7 51.124(o)(1) or (2) or (r) of this chapter, or \u00a7 97.288 of this chapter, to emit sulfur dioxide during the control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the CAIR SO 2  Trading Program as follows:\n\n(1) For one CAIR SO 2  allowance allocated for a control period in a year before 2010, one ton of sulfur dioxide, except as provided in \u00a7 96.254(b);\n\n(2) For one CAIR SO 2  allowance allocated for a control period in 2010 through 2014, 0.50 ton of sulfur dioxide, except as provided in \u00a7 96.254(b); and\n\n(3) For one CAIR SO 2  allowance allocated for a control period in 2015 or later, 0.35 ton of sulfur dioxide, except as provided in \u00a7 96.254(b).\n\nAn authorization to emit sulfur dioxide that is not issued under the Acid Rain Program or under the provisions of a State implementation plan that is approved under \u00a7 51.124(o)(1) or (2) of this chapter shall not be a CAIR SO 2  allowance.\n\nCAIR SO 2   allowance deduction  or  deduct CAIR SO 2   allowances  means the permanent withdrawal of CAIR SO 2  allowances by the Administrator from a compliance account,  e.g.,  in order to account for a specified number of tons of total sulfur dioxide emissions from all CAIR SO 2  units at a CAIR SO 2  source for a control period, determined in accordance with subpart HHH of this part, or to account for excess emissions.\n\nCAIR SO 2   Allowance Tracking System  means the system by which the Administrator records allocations, deductions, and transfers of CAIR SO 2  allowances under the CAIR SO 2  Trading Program. This is the same system as the Allowance Tracking System under \u00a7 72.2 of this chapter by which the Administrator records allocations, deduction, and transfers of Acid Rain SO 2  allowances under the Acid Rain Program.\n\nCAIR SO 2   Allowance Tracking System account  means an account in the CAIR SO 2  Allowance Tracking System established by the Administrator for purposes of recording the allocation, holding, transferring, or deducting of CAIR SO 2  allowances. Such allowances will be allocated, held, deducted, or transferred only as whole allowances.\n\nCAIR SO 2   allowances held  or  hold CAIR SO 2   allowances  means the CAIR SO 2  allowances recorded by the Administrator, or submitted to the Administrator for recordation, in accordance with subparts FFF, GGG, and III of this part or part 73 of this chapter, in a CAIR SO 2  Allowance Tracking System account.\n\nCAIR SO 2   emissions limitation  means, for a CAIR SO 2  source, the tonnage equivalent, in SO 2  emissions in a control period, of the CAIR SO 2  allowances available for deduction for the source under \u00a7 96.254(a) and (b) for the control period.\n\nCAIR SO 2   source  means a source that includes one or more CAIR SO 2  units.\n\nCAIR SO 2   Trading Program  means a multi-state sulfur dioxide air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AAA through III of this part and \u00a7 51.124(o)(1) or (2) of this chapter or established by the Administrator in accordance with subparts AAA through III of part 97 of this chapter and \u00a7\u00a7 51.124(r) and 52.36 of this chapter, as a means of mitigating interstate transport of fine particulates and sulfur dioxide.\n\nCAIR SO 2   unit  means a unit that is subject to the CAIR SO 2  Trading Program under \u00a7 96.204 and, except for purposes of \u00a7 96.205, a CAIR SO 2  opt-in unit under subpart III of this part.\n\nClean Air Act  or  CAA  means the Clean Air Act, 42 U.S.C. 7401,  et seq.\n\nCoal  means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.\n\nCoal-derived fuel  means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.\n\nCoal-fired  means combusting any amount of coal or coal-derived fuel, alone, or in combination with any amount of any other fuel.\n\nCogeneration unit  means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:\n\n(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\n\n(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\u2014\n\n(i) For a topping-cycle cogeneration unit,\n\n(A) Useful thermal energy not less than 5 percent of total energy output; and\n\n(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.\n\n(ii) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input;\n\n(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.\n\nCombustion turbine means:\n\n(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\n\n(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.\n\nCommence commercial operation  means, with regard to a unit:\n\n(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 \u00a7 96.205 and \u00a7 96.284(h).\n\n(i) For a unit that is a CAIR SO 2  unit under \u00a7 96.204 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) 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.\n\n(ii) For a unit that is a CAIR SO 2  unit under \u00a7 96.204 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) 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.\n\n(2) Notwithstanding paragraph (1) of this definition and except as provided in \u00a7 96.205, for a unit that is not a CAIR SO 2  unit under \u00a7 96.204 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in paragraph (1) of this definition, the unit's date for commencement of commercial operation shall be the date on which the unit becomes a CAIR SO 2  unit under \u00a7 96.204.\n\n(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.\n\n(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.\n\nCommence operation  means:\n\n(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 \u00a7 96.284(h).\n\n(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.\n\n(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 (96.284(h).\n\nCompliance account  means a CAIR SO 2  Allowance Tracking System account, established by the Administrator for a CAIR SO 2  source subject to an Acid Rain emissions limitations under \u00a7 73.31(a) or (b) of this chapter or for any other CAIR SO 2  source under subpart FFF or III of this part, in which any CAIR SO 2  allowance allocations for the CAIR SO 2  units at the source are initially recorded and in which are held any CAIR SO 2  allowances available for use for a control period in order to meet the source's CAIR SO 2  emissions limitation in accordance with \u00a7 96.254.\n\nContinuous 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:\n\n(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);\n\n(2) A sulfur dioxide monitoring system, consisting of a SO 2  pollutant concentration monitor and an automated data acquisition handling system and providing a permanent, continuous record of SO 2  emissions, in parts per million (ppm);\n\n(3) A moisture monitoring system, as defined in \u00a7 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 O;\n\n(4) A carbon dioxide monitoring system, consisting of a CO 2  pollutant concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the CO 2  concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO 2  emissions, in percent CO 2 ; and\n\n(5) An oxygen monitoring system, consisting of an O 2  concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O 2  in percent O 2 .\n\nControl period  means the period beginning January 1 of a calendar year, except as provided in \u00a7 96.206(c)(2), and ending on December 31 of the same year, inclusive.\n\nEmissions  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.\n\nExcess emissions  means any ton, or portion of a ton, of sulfur dioxide emitted by the CAIR SO 2  units at a CAIR SO 2  source during a control period that exceeds the CAIR SO 2  emissions limitation for the source, provided that any portion of a ton of excess emissions shall be treated as one ton of excess emissions.\n\nFossil fuel  means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material.\n\nFossil-fuel-fired  means, with regard to a unit, combusting any amount of fossil fuel in any calendar year.\n\nGeneral account  means a CAIR SO 2  Allowance Tracking System account, established under subpart FFF of this part, that is not a compliance account.\n\nGenerator  means a device that produces electricity.\n\nHeat 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.\n\nHeat 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.\n\nHg 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 \u00a7 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.\n\nLife-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:\n\n(1) For the life of the unit;\n\n(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or\n\n(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.\n\nMaximum 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.\n\nMonitoring 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.\n\nMost stringent State or Federal SO 2   emissions limitation  means, with regard to a unit, the lowest SO 2  emissions limitation (in terms of lb/mmBtu) that is applicable to the unit under State or Federal law, regardless of the averaging period to which the emissions limitation applies.\n\nNameplate 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.\n\nOperator  means any person who operates, controls, or supervises a CAIR SO 2  unit or a CAIR SO 2  source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.\n\nOwner  means any of the following persons:\n\n(1) With regard to a CAIR SO 2  source or a CAIR SO 2  unit at a source, respectively:\n\n(i) Any holder of any portion of the legal or equitable title in a CAIR SO 2  unit at the source or the CAIR SO 2  unit;\n\n(ii) Any holder of a leasehold interest in a CAIR SO 2  unit at the source or the CAIR SO 2  unit; or\n\n(iii) Any purchaser of power from a CAIR SO 2  unit at the source or the CAIR SO 2  unit under a life-of-the-unit, firm power contractual arrangement; provided that, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such CAIR SO 2  unit; or\n\n(2) With regard to any general account, any person who has an ownership interest with respect to the CAIR SO 2  allowances held in the general account and who is subject to the binding agreement for the CAIR authorized account representative to represent the person's ownership interest with respect to CAIR SO 2  allowances.\n\nPermitting 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 2  Trading Program or, if no such agency has been so authorized, the Administrator.\n\nPotential 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.\n\nReceive 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.\n\nRecordation, record,  or  recorded  means, with regard to CAIR SO 2  allowances, the movement of CAIR SO 2  allowances by the Administrator into or between CAIR SO 2  Allowance Tracking System accounts, for purposes of allocation, transfer, or deduction.\n\nReference method  means any direct test method of sampling and analyzing for an air pollutant as specified in \u00a7 75.22 of this chapter.\n\nReplacement, 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).\n\nRepowered  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:\n\n(1) Atmospheric or pressurized fluidized bed combustion;\n\n(2) Integrated gasification combined cycle;\n\n(3) Magnetohydrodynamics;\n\n(4) Direct and indirect coal-fired turbines;\n\n(5) Integrated gasification fuel cells; or\n\n(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.\n\nSerial number  means, for a CAIR SO 2  allowance, the unique identification number assigned to each CAIR SO 2  allowance by the Administrator.\n\nSequential use of energy  means:\n\n(1) For a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or\n\n(2) For a bottoming-cycle cogeneration unit, the use of reject heat from useful thermal energy application or process in electricity production.\n\nSolid waste incineration unit  means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a \u201csolid waste incineration unit\u201d as defined in section 129(g)(1) of the Clean Air Act.\n\nSource  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 \u201csource,\u201d including a \u201csource\u201d with multiple units, shall be considered a single \u201cfacility.\u201d\n\nState  means one of the States or the District of Columbia that adopts the CAIR SO 2  Trading Program pursuant to \u00a7 51.124 (o)(1) or (2) of this chapter.\n\nSubmit or serve  means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:\n\n(1) In person;\n\n(2) By United States Postal Service; or\n\n(3) By other means of dispatch or transmission and delivery. Compliance with any \u201csubmission\u201d or \u201cservice\u201d deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.\n\nTitle V operating permit  means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter.\n\nTitle 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.\n\nTon  means 2,000 pounds. For the purpose of determining compliance with the CAIR SO 2  emissions limitation, total tons of sulfur dioxide emissions for a control period shall be calculated as the sum of all recorded hourly emissions (or the mass equivalent of the recorded hourly emission rates) in accordance with subpart HHH of this part, but with any remaining fraction of a ton equal to or greater than 0.50 tons deemed to equal one ton and any remaining fraction of a ton less than 0.50 tons deemed to equal zero tons.\n\nTopping-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.\n\nTotal 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:\n\nLHV = HHV\u221210.55(W + 9H)\n\nWhere:\n \n LHV = lower heating value of fuel in Btu/lb,\n \n HHV = higher heating value of fuel in Btu/lb,\n \n W = Weight % of moisture in fuel, and\n \n H = Weight % of hydrogen in fuel.\n\nWhere:\n\nLHV = lower heating value of fuel in Btu/lb,\n\nHHV = higher heating value of fuel in Btu/lb,\n\nW = Weight % of moisture in fuel, and\n\nH = Weight % of hydrogen in fuel.\n\nTotal energy output  means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.\n\nUnit  means a stationary, fossil-fuel-fired boiler or combustion turbine or other stationary, fossil-fuel-fired combustion device.\n\nUnit operating day  means a calendar day in which a unit combusts any fuel.\n\nUnit operating hour  or  hour of unit operation  means an hour in which a unit combusts any fuel.\n\nUseful 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).\n\nUseful thermal energy  means, with regard to a cogeneration unit, thermal energy that is:\n\n(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;\n\n(2) Used in a heating application ( e.g. , space heating or domestic hot water heating); or\n\n(3) Used in a space cooling application ( i.e. , thermal energy used by an absorption chiller).\n\nUtility power distribution system  means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers."], ["40:40:22.0.1.1.12.22.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.203 Measurements, abbreviations, and acronyms.", "EPA", "", "", "[71 FR 25387, Apr. 28, 2006]", "Measurements, abbreviations, and acronyms used in this subpart and subparts BBB through III are defined as follows:\n\nBtu\u2014British thermal unit\n\nCO 2 \u2014carbon dioxide\n\nH 2 O\u2014water\n\nHg\u2014mercury\n\nhr\u2014hour\n\nkW\u2014kilowatt electrical\n\nkWh\u2014kilowatt hour\n\nlb\u2014pound\n\nmmBtu\u2014million Btu\n\nMWe\u2014megawatt electrical\n\nMWh\u2014megawatt hour\n\nNO X \u2014nitrogen oxides\n\nO 2 \u2014oxygen\n\nppm\u2014parts per million\n\nscfh\u2014standard cubic feet per hour\n\nSO 2 \u2014sulfur dioxide\n\nyr\u2014year"], ["40:40:22.0.1.1.12.22.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.204 Applicability.", "EPA", "", "", "[71 FR 25387, Apr. 28, 2006]", "(a) Except as provided in paragraph (b) of this section:\n\n(1) The following units in a State shall be CAIR SO 2  units, and any source that includes one or more such units shall be a CAIR SO 2  source, subject to the requirements of this subpart and subparts BBB through HHH of this part: any stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine 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 producing electricity for sale.\n\n(2) If a stationary boiler or stationary combustion turbine that, under paragraph (a)(1) of this section, is not a CAIR SO 2  unit begins to combust fossil fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become a CAIR SO 2  unit as provided in paragraph (a)(1) of this section on the first date on which it both combusts fossil fuel and serves such generator.\n\n(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 2  units:\n\n(1)(i) Any unit that is a CAIR SO 2  unit under paragraph (a)(1) or (2) of this section:\n\n(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\n\n(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.\n\n(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  unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (b)(1)(i)(B) of this section.\n\n(2)(i) Any unit that is a CAIR SO 2  unit under paragraph (a)(1) or (2) of this section commencing operation before January 1, 1985:\n\n(A) Qualifying as a solid waste incineration unit; and\n\n(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).\n\n(ii) Any unit that is a CAIR SO 2  unit under paragraph (a)(1) or (2) of this section commencing operation on or after January 1, 1985:\n\n(A) Qualifying as a solid waste incineration unit; and\n\n(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).\n\n(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 2  unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average annual fuel consumption of fossil fuel of 20 percent or more."], ["40:40:22.0.1.1.12.22.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.205 Retired unit exemption.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(a)(1) Any CAIR SO 2  unit that is permanently retired and is not a CAIR SO 2  opt-in unit under subpart III of this part shall be exempt from the CAIR SO 2  Trading Program, except for the provisions of this section, \u00a7 96.202, \u00a7 96.203, \u00a7 96.204, \u00a7 96.206(c)(4) through (7), \u00a7 96.207, \u00a7 96.208, and subparts BBB, FFF, and GGG of this part.\n\n(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the CAIR SO 2  unit is permanently retired. Within 30 days of the unit's permanent retirement, the CAIR designated representative shall submit a statement to the permitting authority otherwise responsible for administering any CAIR permit for the unit and shall submit a copy of the statement to the Administrator. The statement shall state, in a format prescribed by the permitting authority, that the unit was permanently retired on a specific date and will comply with the requirements of paragraph (b) of this section.\n\n(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.\n\n(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.\n\n(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.\n\n(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 2  Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.\n\n(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 \u00a7 96.222 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.\n\n(5) On the earlier of the following dates, a unit exempt under paragraph (a) of this section shall lose its exemption:\n\n(i) The date on which the CAIR designated representative submits a CAIR permit application for the unit under paragraph (b)(4) of this section;\n\n(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\n\n(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.\n\n(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."], ["40:40:22.0.1.1.12.22.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.206 Standard requirements.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)  Permit requirements.  (1) The CAIR designated representative of each CAIR SO 2  source required to have a title V operating permit and each CAIR SO 2  unit required to have a title V operating permit at the source shall:\n\n(i) Submit to the permitting authority a complete CAIR permit application under \u00a7 96.222 in accordance with the deadlines specified in \u00a7 96.221; and\n\n(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.\n\n(2) The owners and operators of each CAIR SO 2  source required to have a title V operating permit and each CAIR SO 2  unit required to have a title V operating permit at the source shall have a CAIR permit issued by the permitting authority under subpart CCC of this part for the source and operate the source and the unit in compliance with such CAIR permit.\n\n(3) Except as provided in subpart III of this part, the owners and operators of a CAIR SO 2  source that is not otherwise required to have a title V operating permit and each CAIR SO 2  unit that is not otherwise required to have a title V operating permit are not required to submit a CAIR permit application, and to have a CAIR permit, under subpart CCC of this part for such CAIR SO 2  source and such CAIR SO 2  unit.\n\n(b)  Monitoring, reporting, and recordkeeping requirements.  (1) The owners and operators, and the CAIR designated representative, of each CAIR SO 2  source and each CAIR SO 2  unit at the source shall comply with the monitoring, reporting, and recordkeeping requirements of subpart HHH of this part.\n\n(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 2  source with the CAIR SO 2  emissions limitation under paragraph (c) of this section.\n\n(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  source and each CAIR SO 2  unit at the source shall hold, in the source's compliance account, a tonnage equivalent in CAIR SO 2  allowances available for compliance deductions for the control period, as determined in accordance with \u00a7 96.254(a) and (b), not less than the tons of total sulfur dioxide emissions for the control period from all CAIR SO 2  units at the source, as determined in accordance with subpart HHH of this part.\n\n(2) A CAIR SO 2  unit shall be subject to the requirements under paragraph (c)(1) of this section for the control period starting on the later of January 1, 2010 or the deadline for meeting the unit's monitor certification requirements under \u00a7 96.270(b)(1), (2), or (5) and for each control period thereafter.\n\n(3) A CAIR SO 2  allowance shall not be deducted, for compliance with the requirements under paragraph (c)(1) of this section, for a control period in a calendar year before the year for which the CAIR SO 2  allowance was allocated.\n\n(4) CAIR SO 2  allowances shall be held in, deducted from, or transferred into or among CAIR SO 2  Allowance Tracking System accounts in accordance with subparts FFF, GGG, and III of this part.\n\n(5) A CAIR SO 2  allowance is a limited authorization to emit sulfur dioxide in accordance with the CAIR SO 2  Trading Program. No provision of the CAIR SO 2  Trading Program, the CAIR permit application, the CAIR permit, or an exemption under \u00a7 96.205 and no provision of law shall be construed to limit the authority of the State or the United States to terminate or limit such authorization.\n\n(6) A CAIR SO 2  allowance does not constitute a property right.\n\n(7) Upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO 2  allowance to or from a CAIR SO 2  source's compliance account is incorporated automatically in any CAIR permit of the source.\n\n(d)  Excess emissions requirements \u2014 If a CAIR SO 2  source emits sulfur dioxide during any control period in excess of the CAIR SO 2  emissions limitation, then:\n\n(1) The owners and operators of the source and each CAIR SO 2  unit at the source shall surrender the CAIR SO 2  allowances required for deduction under \u00a7 96.254(d)(1) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act or applicable State law; and\n\n(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.\n\n(e)  Recordkeeping and reporting requirements.  (1) Unless otherwise provided, the owners and operators of the CAIR SO 2  source and each CAIR SO 2  unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the permitting authority or the Administrator.\n\n(i) The certificate of representation under \u00a7 96.213 for the CAIR designated representative for the source and each CAIR SO 2  unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under \u00a7 96.213 changing the CAIR designated representative.\n\n(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.\n\n(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CAIR SO 2  Trading Program.\n\n(iv) Copies of all documents used to complete a CAIR permit application and any other submission under the CAIR SO 2  Trading Program or to demonstrate compliance with the requirements of the CAIR SO 2  Trading Program.\n\n(2) The CAIR designated representative of a CAIR SO 2  source and each CAIR SO 2  unit at the source shall submit the reports required under the CAIR SO 2  Trading Program, including those under subpart HHH of this part.\n\n(f)  Liability.  (1) Each CAIR SO 2  source and each CAIR SO 2  unit shall meet the requirements of the CAIR SO 2  Trading Program.\n\n(2) Any provision of the CAIR SO 2  Trading Program that applies to a CAIR SO 2  source or the CAIR designated representative of a CAIR SO 2  source shall also apply to the owners and operators of such source and of the CAIR SO 2  units at the source.\n\n(3) Any provision of the CAIR SO 2  Trading Program that applies to a CAIR SO 2  unit or the CAIR designated representative of a CAIR SO 2  unit shall also apply to the owners and operators of such unit.\n\n(g)  Effect on other authorities.  No provision of the CAIR SO 2  Trading Program, a CAIR permit application, a CAIR permit, or an exemption under \u00a7 96.205 shall be construed as exempting or excluding the owners and operators, and the CAIR designated representative, of a CAIR SO 2  source or CAIR SO 2  unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act."], ["40:40:22.0.1.1.12.22.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.207 Computation of time.", "EPA", "", "", "", "(a) Unless otherwise stated, any time period scheduled, under the CAIR SO 2  Trading Program, to begin on the occurrence of an act or event shall begin on the day the act or event occurs.\n\n(b) Unless otherwise stated, any time period scheduled, under the CAIR SO 2  Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.\n\n(c) Unless otherwise stated, if the final day of any time period, under the CAIR SO 2  Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day."], ["40:40:22.0.1.1.12.22.1.8", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "AAA", "Subpart AAA\u2014CAIR SO", "", "\u00a7 96.208 Appeal procedures.", "EPA", "", "", "", "The appeal procedures for decisions of the Administrator under the CAIR SO 2  Trading Program are set forth in part 78 of this chapter."], ["40:40:22.0.1.1.12.23.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.210 Authorization and responsibilities of CAIR designated representative.", "EPA", "", "", "", "(a) Except as provided under \u00a7 96.211, each CAIR SO 2  source, including all CAIR SO 2  units at the source, shall have one and only one CAIR designated representative, with regard to all matters under the CAIR SO 2  Trading Program concerning the source or any CAIR SO 2  unit at the source.\n\n(b) The CAIR designated representative of the CAIR SO 2  source shall be selected by an agreement binding on the owners and operators of the source and all CAIR SO 2  units at the source and shall act in accordance with the certification statement in \u00a7 96.213(a)(4)(iv).\n\n(c) Upon receipt by the Administrator of a complete certificate of representation under \u00a7 96.213, 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 2  source represented and each CAIR SO 2  unit at the source in all matters pertaining to the CAIR SO 2  Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the permitting authority, the Administrator, or a court regarding the source or unit.\n\n(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR SO 2  Allowance Tracking System account will be established for a CAIR SO 2  unit at a source, until the Administrator has received a complete certificate of representation under \u00a7 96.213 for a CAIR designated representative of the source and the CAIR SO 2  units at the source.\n\n(e)(1) Each submission under the CAIR SO 2  Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR SO 2  source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: \u201cI am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.\u201d\n\n(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 2  source or a CAIR SO 2  unit only if the submission has been made, signed, and certified in accordance with paragraph (e)(1) of this section."], ["40:40:22.0.1.1.12.23.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.211 Alternate CAIR designated representative.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(a) A certificate of representation under \u00a7 96.213 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.\n\n(b) Upon receipt by the Administrator of a complete certificate of representation under \u00a7 96.213, 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.\n\n(c) Except in this section and \u00a7\u00a7 96.202, 96.210(a) and (d), 96.212, 96.213, 96.215, 96.251, and 96.282, whenever the term \u201cCAIR designated representative\u201d 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."], ["40:40:22.0.1.1.12.23.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.212 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(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 \u00a7 96.213. 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 2  source and the CAIR SO 2  units at the source.\n\n(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 \u00a7 96.213. 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 2  source and the CAIR SO 2  units at the source.\n\n(c)  Changes in owners and operators.  (1) In the event an owner or operator of a CAIR SO 2  source or a CAIR SO 2  unit is not included in the list of owners and operators in the certificate of representation under \u00a7 96.213, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the CAIR designated representative and any alternate CAIR designated representative of the source or unit, and the decisions and orders of the permitting authority, the Administrator, or a court, as if the owner or operator were included in such list.\n\n(2) Within 30 days following any change in the owners and operators of a CAIR SO 2  source or a CAIR SO 2  unit, including the addition of a new owner or operator, the CAIR designated representative or any alternate CAIR designated representative shall submit a revision to the certificate of representation under \u00a7 96.213 amending the list of owners and operators to include the change."], ["40:40:22.0.1.1.12.23.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.213 Certificate of representation.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(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:\n\n(1) Identification of the CAIR SO 2  source, and each CAIR SO 2  unit at the source, for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit.\n\n(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.\n\n(3) A list of the owners and operators of the CAIR SO 2  source and of each CAIR SO 2  unit at the source.\n\n(4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative\u2014\n\n(i) \u201cI 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 2  unit at the source.\u201d\n\n(ii) \u201cI certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR SO 2  Trading Program on behalf of the owners and operators of the source and of each CAIR SO 2  unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions.\u201d\n\n(iii) \u201cI certify that the owners and operators of the source and of each CAIR SO 2  unit at the source shall be bound by any order issued to me by the Administrator, the permitting authority, or a court regarding the source or unit.\u201d\n\n(iv) \u201cWhere there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR SO 2  unit, or where a utility or industrial customer purchases power from a CAIR SO 2  unit under a life-of-the-unit, firm power contractual arrangement, I certify that: I have given a written notice of my selection as the \u2018CAIR designated representative\u2019 or \u2018alternate CAIR designated representative\u2019, as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each CAIR SO 2  unit at the source; and CAIR SO 2  allowances and proceeds of transactions involving CAIR SO 2  allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of CAIR SO 2  allowances by contract, CAIR SO 2  allowances and proceeds of transactions involving CAIR SO 2  allowances will be deemed to be held or distributed in accordance with the contract.\u201d\n\n(5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed.\n\n(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."], ["40:40:22.0.1.1.12.23.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.214 Objections concerning CAIR designated representative.", "EPA", "", "", "", "(a) Once a complete certificate of representation under \u00a7 96.213 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 \u00a7 96.213 is received by the Administrator.\n\n(b) Except as provided in \u00a7 96.212(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 2  Trading Program.\n\n(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 2  allowance transfers."], ["40:40:22.0.1.1.12.23.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "BBB", "Subpart BBB\u2014CAIR Designated Representative for CAIR SO", "", "\u00a7 96.215 Delegation by CAIR designated representative and alternate CAIR designated representative.", "EPA", "", "", "[71 FR 25388, Apr. 28, 2006, as amended at 71 FR 74794, Dec. 13, 2006]", "(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.\n\n(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.\n\n(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:\n\n(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;\n\n(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person \u201creferred to as an \u201cagent\u201d);\n\n(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\n\n(4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative:\n\n(i) \u201cI 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 96.215(d) shall be deemed to be an electronic submission by me.\u201d\n\n(ii) \u201cUntil this notice of delegation is superseded by another notice of delegation under 40 CFR 96.215(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 96.215 is terminated.\u201d.\n\n(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.\n\n(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."], ["40:40:22.0.1.1.12.24.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CCC", "Subpart CCC\u2014Permits", "", "\u00a7 96.220 General CAIR SO", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(a) For each CAIR SO 2  source required to have a title V operating permit or required, under subpart III of this part, to have a title V operating permit or other federally enforceable permit, such permit shall include a CAIR permit administered by the permitting authority for the title V operating permit or the federally enforceable permit as applicable. The CAIR portion of the title V permit or other federally enforceable permit as applicable shall be administered in accordance with the permitting authority's title V operating permits regulations promulgated under part 70 or 71 of this chapter or the permitting authority's regulations for other federally enforceable permits as applicable, except as provided otherwise by \u00a7 96.205, this subpart, and subpart III of this part.\n\n(b) Each CAIR permit shall contain, with regard to the CAIR SO 2  source and the CAIR SO 2  units at the source covered by the CAIR permit, all applicable CAIR SO 2  Trading Program, CAIR NO X  Annual Trading Program, and CAIR NO X  Ozone Season Trading Program requirements and shall be a complete and separable portion of the title V operating permit or other federally enforceable permit under paragraph (a) of this section."], ["40:40:22.0.1.1.12.24.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CCC", "Subpart CCC\u2014Permits", "", "\u00a7 96.221 Submission of CAIR permit applications.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006]", "(a)  Duty to apply.  The CAIR designated representative of any CAIR SO 2  source required to have a title V operating permit shall submit to the permitting authority a complete CAIR permit application under \u00a7 96.222 for the source covering each CAIR SO 2  unit at the source at least 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2010 or the date on which the CAIR SO 2  unit commences commercial operation, except as provided in \u00a7 96.283(a).\n\n(b)  Duty to Reapply.  For a CAIR SO 2  source required to have a title V operating permit, the CAIR designated representative shall submit a complete CAIR permit application under \u00a7 96.222 for the source covering each CAIR SO 2  unit at the source to renew the CAIR permit in accordance with the permitting authority's title V operating permits regulations addressing permit renewal, except as provided in \u00a7 96.283(b)."], ["40:40:22.0.1.1.12.24.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CCC", "Subpart CCC\u2014Permits", "", "\u00a7 96.222 Information requirements for CAIR permit applications.", "EPA", "", "", "", "A complete CAIR permit application shall include the following elements concerning the CAIR SO 2  source for which the application is submitted, in a format prescribed by the permitting authority:\n\n(a) Identification of the CAIR SO 2  source;\n\n(b) Identification of each CAIR SO 2  unit at the CAIR SO 2  source; and\n\n(c) The standard requirements under \u00a7 96.206."], ["40:40:22.0.1.1.12.24.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CCC", "Subpart CCC\u2014Permits", "", "\u00a7 96.223 CAIR permit contents and term.", "EPA", "", "", "", "(a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all elements required for a complete CAIR permit application under \u00a7 96.222.\n\n(b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under \u00a7 96.202 and, upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO 2  allowance to or from the compliance account of the CAIR SO 2  source covered by the permit.\n\n(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 2  source's title V operating permit or other federally enforceable permit as applicable."], ["40:40:22.0.1.1.12.24.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "CCC", "Subpart CCC\u2014Permits", "", "\u00a7 96.224 CAIR permit revisions.", "EPA", "", "", "", "Except as provided in \u00a7 96.223(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."], ["40:40:22.0.1.1.12.26.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.250 [Reserved]", "EPA", "", "", "", ""], ["40:40:22.0.1.1.12.26.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.251 Establishment of accounts.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25388, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)  Compliance accounts.  Except as provided in \u00a7 96.284(e), upon receipt of a complete certificate of representation under \u00a7 96.213, the Administrator will establish a compliance account for the CAIR SO 2  source for which the certificate of representation was submitted, unless the source already has a compliance account.\n\n(b)  General accounts \u2014(1)  Application for general account.  (i) Any person may apply to open a general account for the purpose of holding and transferring CAIR SO 2  allowances. An application for a general account may designate one and only one CAIR authorized account representative and one and only one alternate CAIR authorized account representative who may act on behalf of the CAIR authorized account representative. The agreement by which the alternate CAIR authorized account representative is selected shall include a procedure for authorizing the alternate CAIR authorized account representative to act in lieu of the CAIR authorized account representative.\n\n(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:\n\n(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;\n\n(B) Organization name and type of organization, if applicable;\n\n(C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR SO 2  allowances held in the general account;\n\n(D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: \u201cI certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to CAIR SO 2  allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR SO 2  Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator or a court regarding the general account.\u201d\n\n(E) The signature of the CAIR authorized account representative and any alternate CAIR authorized account representative and the dates signed.\n\n(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.\n\n(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:\n\n(A) The Administrator will establish a general account for the person or persons for whom the application is submitted.\n\n(B) The CAIR authorized account representative and any alternate CAIR authorized account representative for the general account shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to CAIR SO 2  allowances held in the general account in all matters pertaining to the CAIR SO 2  Trading Program, notwithstanding any agreement between the CAIR authorized account representative or any alternate CAIR authorized account representative and such person. Any such person shall be bound by any order or decision issued to the CAIR authorized account representative or any alternate CAIR authorized account representative by the Administrator or a court regarding the general account.\n\n(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.\n\n(ii) Each submission concerning the general account shall be submitted, signed, and certified by the CAIR authorized account representative or any alternate CAIR authorized account representative for the persons having an ownership interest with respect to CAIR SO 2  allowances held in the general account. Each such submission shall include the following certification statement by the CAIR authorized account representative or any alternate CAIR authorized account representative: \u201cI am authorized to make this submission on behalf of the persons having an ownership interest with respect to the CAIR SO 2  allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.\u201d\n\n(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.\n\n(3)  Changing CAIR authorized account representative and alternate CAIR authorized account representative; changes in persons with ownership interest.  (i) The CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR SO 2  allowances in the general account.\n\n(ii) The alternate CAIR authorized account representative for a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate CAIR authorized account representative and the persons with an ownership interest with respect to the CAIR SO 2  allowances in the general account.\n\n(iii)(A) In the event a person having an ownership interest with respect to CAIR SO 2  allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the CAIR authorized account representative and any alternate CAIR authorized account representative of the account, and the decisions and orders of the Administrator or a court, as if the person were included in such list.\n\n(B) Within 30 days following any change in the persons having an ownership interest with respect to CAIR SO 2  allowances in the general account, including the addition of a new person, the CAIR authorized account representative or any alternate CAIR authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the CAIR SO 2  allowances in the general account to include the change.\n\n(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.\n\n(ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account shall affect any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative or the finality of any decision or order by the Administrator under the CAIR SO 2  Trading Program.\n\n(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the CAIR authorized account representative or any alternate CAIR authorized account representative for a general account, including private legal disputes concerning the proceeds of CAIR SO 2  allowance transfers.\n\n(5)  Delegation by CAIR authorized account representative and alternate CAIR authorized account representative.  (i) A CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFF and GGG of this part.\n\n(ii) An alternate CAIR authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under subparts FFF and GGG of this part.\n\n(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:\n\n(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;\n\n(B) The name, address, e-mail address, telephone number, and, facsimile transmission number (if any) of each such natural person (referred to as an \u201cagent\u201d);\n\n(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;\n\n(D) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: \u201cI 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 96.251(b)(5)(iv) shall be deemed to be an electronic submission by me.\u201d; and\n\n(E) The following certification statement by such CAIR authorized account representative or alternate CAIR authorized account representative: \u201cUntil this notice of delegation is superseded by another notice of delegation under 40 CFR 96.251 (b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 96.251 (b)(5) is terminated.\u201d\n\n(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.\n\n(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.\n\n(c)  Account identification.  The Administrator will assign a unique identifying number to each account established under paragraph (a) or (b) of this section."], ["40:40:22.0.1.1.12.26.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.252 Responsibilities of CAIR authorized account representative.", "EPA", "", "", "", "Following the establishment of a CAIR SO 2  Allowance Tracking System account, all submissions to the Administrator pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of CAIR SO 2  allowances in the account, shall be made only by the CAIR authorized account representative for the account."], ["40:40:22.0.1.1.12.26.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.253 Recordation of CAIR SO", "EPA", "", "", "", "(a)(1) After a compliance account is established under \u00a7 96.251(a) or \u00a7 73.31(a) or (b) of this chapter, the Administrator will record in the compliance account any CAIR SO 2  allowance allocated to any CAIR SO 2  unit at the source for each of the 30 years starting the later of 2010 or the year in which the compliance account is established and any CAIR SO 2  allowance allocated for each of the 30 years starting the later of 2010 or the year in which the compliance account is established and transferred to the source in accordance with subpart GGG of this part or subpart D of part 73 of this chapter.\n\n(2) In 2011 and each year thereafter, after Administrator has completed all deductions under \u00a7 96.254(b), the Administrator will record in the compliance account any CAIR SO 2  allowance allocated to any CAIR SO 2  unit at the source for the new 30th year ( i.e. , the year that is 30 years after the calendar year for which such deductions are or could be made) and any CAIR SO 2  allowance allocated for the new 30th year and transferred to the source in accordance with subpart GGG of this part or subpart D of part 73 of this chapter.\n\n(b)(1) After a general account is established under \u00a7 96.251(b) or \u00a7 73.31(c) of this chapter, the Administrator will record in the general account any CAIR SO 2  allowance allocated for each of the 30 years starting the later of 2010 or the year in which the general account is established and transferred to the general account in accordance with subpart GGG of this part or subpart D of part 73 of this chapter.\n\n(2) In 2011 and each year thereafter, after Administrator has completed all deductions under \u00a7 96.254(b), the Administrator will record in the general account any CAIR SO 2  allowance allocated for the new 30th year ( i.e. , the year that is 30 years after the calendar year for which such deductions are or could be made) and transferred to the general account in accordance with subpart GGG of this part or subpart D of part 73 of this chapter.\n\n(c)  Serial numbers for allocated CAIR SO 2   allowances.  When recording the allocation of CAIR SO 2  allowances issued by a permitting authority under \u00a7 96.288, the Administrator will assign each such CAIR SO 2  allowance a unique identification number that will include digits identifying the year of the control period for which the CAIR SO 2  allowance is allocated."], ["40:40:22.0.1.1.12.26.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.254 Compliance with CAIR SO", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a)  Allowance transfer deadline.  The CAIR SO 2  allowances are available to be deducted for compliance with a source's CAIR SO 2  emissions limitation for a control period in a given calendar year only if the CAIR SO 2  allowances:\n\n(1) Were allocated for the control period in the year or a prior year; and\n\n(2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR SO 2  allowance transfer correctly submitted for recordation under \u00a7\u00a7 96.260 and 96.261 by the allowance transfer deadline for the control period.\n\n(b)  Deductions for compliance.  Following the recordation, in accordance with \u00a7 96.261, of CAIR SO 2  allowance transfers submitted for recordation in a source's compliance account by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account CAIR SO 2  allowances available under paragraph (a) of this section in order to determine whether the source meets the CAIR SO 2  emissions limitation for the control period as follows:\n\n(1) For a CAIR SO 2  source subject to an Acid Rain emissions limitation, the Administrator will, in the following order:\n\n(i) Deduct the amount of CAIR SO 2  allowances, available under paragraph (a) of this section and not issued by a permitting authority under \u00a7 96.288, that is required under \u00a7\u00a7 73.35(b) and (c) of this part. If there are sufficient CAIR SO 2  allowances to complete this deduction, the deduction will be treated as satisfying the requirements of \u00a7\u00a7 73.35(b) and (c) of this chapter.\n\n(ii) Deduct the amount of CAIR SO 2  allowances, not issued by a permitting authority under \u00a7 96.288, that is required under \u00a7\u00a7 73.35(d) and 77.5 of this part. If there are sufficient CAIR SO 2  allowances to complete this deduction, the deduction will be treated as satisfying the requirements of \u00a7\u00a7 73.35(d) and 77.5 of this chapter.\n\n(iii) Treating the CAIR SO 2  allowances deducted under paragraph (b)(1)(i) of this section as also being deducted under this paragraph (b)(1)(iii), deduct CAIR SO 2  allowances available under paragraph (a) of this section (including any issued by a permitting authority under \u00a7 96.288) in order to determine whether the source meets the CAIR SO 2  emissions limitation for the control period, as follows:\n\n(A) Until the tonnage equivalent of the CAIR SO 2  allowances deducted equals, or exceeds in accordance with paragraphs (c)(1) and (2) of this section, the number of tons of total sulfur dioxide emissions, determined in accordance with subpart HHH of this part, from all CAIR SO 2  units at the source for the control period; or\n\n(B) If there are insufficient CAIR SO 2  allowances to complete the deductions in paragraph (b)(1)(iii)(A) of this section, until no more CAIR SO 2  allowances available under paragraph (a) of this section (including any issued by a permitting authority under \u00a7 96.288) remain in the compliance account.\n\n(2) For a CAIR SO 2  source not subject to an Acid Rain emissions limitation, the Administrator will deduct CAIR SO 2  allowances available under paragraph (a) of this section (including any issued by a permitting authority under \u00a7 96.288) in order to determine whether the source meets the CAIR SO 2  emissions limitation for the control period, as follows:\n\n(i) Until the tonnage equivalent of the CAIR SO 2  allowances deducted equals, or exceeds in accordance with paragraphs (c)(1) and (2) of this section, the number of tons of total sulfur dioxide emissions, determined in accordance with subpart HHH of this part, from all CAIR SO 2  units at the source for the control period; or\n\n(ii) If there are insufficient CAIR SO 2  allowances to complete the deductions in paragraph (b)(2)(i) of this section, until no more CAIR SO 2  allowances available under paragraph (a) of this section (including any issued by a permitting authority under \u00a7 96.288) remain in the compliance account.\n\n(c)(1)  Identification of CAIR SO 2   allowances by serial number.  The CAIR authorized account representative for a source's compliance account may request that specific CAIR SO 2  allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with paragraph (b) or (d) of this section. Such request shall be submitted to the Administrator by the allowance transfer deadline for the control period and include, in a format prescribed by the Administrator, the identification of the CAIR SO 2  source and the appropriate serial numbers.\n\n(2)  First-in, first-out.  The Administrator will deduct CAIR SO 2  allowances under paragraph (b) or (d) of this section from the source's compliance account, in the absence of an identification or in the case of a partial identification of CAIR SO 2  allowances by serial number under paragraph (c)(1) of this section, on a first-in, first-out (FIFO) accounting basis in the following order:\n\n(i) Any CAIR SO 2  allowances that were allocated to the units at the source for a control period before 2010, in the order of recordation;\n\n(ii) Any CAIR SO 2  allowances that were allocated to any entity for a control period before 2010 and transferred and recorded in the compliance account pursuant to subpart GGG of this part or subpart D of part 73 of this chapter, in the order of recordation;\n\n(iii) Any CAIR SO 2  allowances that were allocated to the units at the source for a control period during 2010 through 2014, in the order of recordation;\n\n(iv) Any CAIR SO 2  allowances that were allocated to any entity for a control period during 2010 through 2014 and transferred and recorded in the compliance account pursuant to subpart GGG of this part or subpart D of part 73 of this chapter, in the order of recordation;\n\n(v) Any CAIR SO 2  allowances that were allocated to the units at the source for a control period in 2015 or later, in the order of recordation; and\n\n(vi) Any CAIR SO 2  allowances that were allocated to any entity for a control period in 2015 or later and transferred and recorded in the compliance account pursuant to subpart GGG of this part or subpart D of part 73 of this chapter, in the order of recordation.\n\n(d)  Deductions for excess emissions.  (1) After making the deductions for compliance under paragraph (b) of this section for a control period in a calendar year in which the CAIR SO 2  source has excess emissions, the Administrator will deduct from the source's compliance account the tonnage equivalent in CAIR SO 2  allowances, allocated for the control period in the immediately following calendar year (including any issued by a permitting authority under \u00a7 96.288), equal to, or exceeding in accordance with paragraphs (c)(1) and (2) of this section, 3 times the following amount: the number of tons of the source's excess emissions minus, if the source is subject to an Acid Rain emissions limitation, the amount of the CAIR SO 2  allowances required to be deducted under paragraph (b)(1)(ii) of this section.\n\n(2) Any allowance deduction required under paragraph (d)(1) of this section shall not affect the liability of the owners and operators of the CAIR SO 2  source or the CAIR SO 2  units at the source for any fine, penalty, or assessment, or their obligation to comply with any other remedy, for the same violations, as ordered under the Clean Air Act or applicable State law.\n\n(e)  Recordation of deductions.  The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section and subpart III.\n\n(f)  Administrator's action on submissions.  (1) The Administrator may review and conduct independent audits concerning any submission under the CAIR SO 2  Trading Program and make appropriate adjustments of the information in the submissions.\n\n(2) The Administrator may deduct CAIR SO 2  allowances from or transfer CAIR SO 2  allowances to a source's compliance account based on the information in the submissions, as adjusted under paragraph (f)(1) of this section, and record such deductions and transfers."], ["40:40:22.0.1.1.12.26.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.255 Banking.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006]", "(a) CAIR SO 2  allowances may be banked for future use or transfer in a compliance account or a general account in accordance with paragraph (b) of this section.\n\n(b) Any CAIR SO 2  allowance that is held in a compliance account or a general account will remain in such account unless and until the CAIR SO 2  allowance is deducted or transferred under \u00a7 96.254, \u00a7 96.256, or subpart GGG or III of this part."], ["40:40:22.0.1.1.12.26.1.7", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.256 Account error.", "EPA", "", "", "", "The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any CAIR SO 2  Allowance Tracking System account. Within 10 business days of making such correction, the Administrator will notify the CAIR authorized account representative for the account."], ["40:40:22.0.1.1.12.26.1.8", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "FFF", "Subpart FFF\u2014CAIR SO", "", "\u00a7 96.257 Closing of general accounts.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006]", "(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 \u00a7\u00a7 96.260 and 96.261 for any CAIR SO 2  allowances in the account to one or more other CAIR SO 2  Allowance Tracking System accounts.\n\n(b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR SO 2  allowances, the Administrator may notify the CAIR authorized account representative for the account that the account will be closed following 20 business days after the notice is sent. The account will be closed after the 20-day period unless, before the end of the 20-day period, the Administrator receives a correctly submitted transfer of CAIR SO 2  allowances into the account under \u00a7\u00a7 96.260 and 96.261 or a statement submitted by the CAIR authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed."], ["40:40:22.0.1.1.12.27.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GGG", "Subpart GGG\u2014CAIR SO", "", "\u00a7 96.260 Submission of CAIR SO", "EPA", "", "", "", "(a) A CAIR authorized account representative seeking recordation of a CAIR SO 2  allowance transfer shall submit the transfer to the Administrator. To be considered correctly submitted, the CAIR SO 2  allowance transfer shall include the following elements, in a format specified by the Administrator:\n\n(1) The account numbers of both the transferor and transferee accounts;\n\n(2) The serial number of each CAIR SO 2  allowance that is in the transferor account and is to be transferred; and\n\n(3) The name and signature of the CAIR authorized account representatives of the transferor and transferee accounts and the dates signed.\n\n(b)(1) The CAIR authorized account representative for the transferee account can meet the requirements in paragraph (a)(3) of this section by submitting, in a format prescribed by the Administrator, a statement signed by the CAIR authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the Administrator receives such statement, is authorized. Such authorization shall be binding on any CAIR authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the Administrator receives a statement signed by the CAIR authorized account representative retracting the authorization for the account.\n\n(2) The statement under paragraph (b)(1) of this section shall include the following: \u201cBy this signature I authorize any transfer of allowances into each account listed herein, except that I do not waive any remedies under State or Federal law to obtain correction of any erroneous transfers into such accounts. This authorization shall be binding on any CAIR authorized account representative for such account unless and until a statement signed by the CAIR authorized account representative retracting this authorization for the account is received by the Administrator.\u201d"], ["40:40:22.0.1.1.12.27.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GGG", "Subpart GGG\u2014CAIR SO", "", "\u00a7 96.261 EPA recordation.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006]", "(a) Within 5 business days (except as necessary to perform a transfer in perpetuity of CAIR SO 2  allowances allocated to a CAIR SO 2  unit or as provided in paragraph (b) of this section) of receiving a CAIR SO 2  allowance transfer, the Administrator will record a CAIR SO 2  allowance transfer by moving each CAIR SO 2  allowance from the transferor account to the transferee account as specified by the request, provided that:\n\n(1) The transfer is correctly submitted under \u00a7 96.260;\n\n(2) The transferor account includes each CAIR SO 2  allowance identified by serial number in the transfer; and\n\n(3) The transfer is in accordance with the limitation on transfer under \u00a7 74.42 of this chapter and \u00a7 74.47(c) of this chapter, as applicable.\n\n(b) A CAIR SO 2  allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR SO 2  allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under \u00a7 96.254 for the control period immediately before such allowance transfer deadline.\n\n(c) Where a CAIR SO 2  allowance transfer submitted for recordation fails to meet the requirements of paragraph (a) of this section, the Administrator will not record such transfer."], ["40:40:22.0.1.1.12.27.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "GGG", "Subpart GGG\u2014CAIR SO", "", "\u00a7 96.262 Notification.", "EPA", "", "", "", "(a)  Notification of recordation.  Within 5 business days of recordation of a CAIR SO 2  allowance transfer under \u00a7 96.261, the Administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts.\n\n(b)  Notification of non-recordation.  Within 10 business days of receipt of a CAIR SO 2  allowance transfer that fails to meet the requirements of \u00a7 96.261(a), the Administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of:\n\n(1) A decision not to record the transfer, and\n\n(2) The reasons for such non-recordation.\n\n(c) Nothing in this section shall preclude the submission of a CAIR SO 2  allowance transfer for recordation following notification of non-recordation."], ["40:40:22.0.1.1.12.28.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.270 General requirements.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006]", "The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR SO 2  unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and in subparts F and G of part 75 of this chapter. For purposes of complying with such requirements, the definitions in \u00a7 96.202 and in \u00a7 72.2 of this chapter shall apply, and the terms \u201caffected unit,\u201d \u201cdesignated representative,\u201d and \u201ccontinuous emission monitoring system\u201d (or \u201cCEMS\u201d) in part 75 of this chapter shall be deemed to refer to the terms \u201cCAIR SO 2  unit,\u201d \u201cCAIR designated representative,\u201d and \u201ccontinuous emission monitoring system\u201d (or \u201cCEMS\u201d) respectively, as defined in \u00a7 96.202. The owner or operator of a unit that is not a CAIR SO 2  unit but that is monitored under \u00a7 75.16(b)(2) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR SO 2  unit.\n\n(a)  Requirements for installation, certification, and data accounting.  The owner or operator of each CAIR SO 2  unit shall:\n\n(1) Install all monitoring systems required under this subpart for monitoring SO 2  mass emissions and individual unit heat input (including all systems required to monitor SO 2  concentration, stack gas moisture content, stack gas flow rate, CO 2  or O 2  concentration, and fuel flow rate, as applicable, in accordance with \u00a7\u00a7 75.11 and 75.16 of this chapter);\n\n(2) Successfully complete all certification tests required under \u00a7 96.271 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and\n\n(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.\n\n(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.\n\n(1) For the owner or operator of a CAIR SO 2  unit that commences commercial operation before July 1, 2008, by January 1, 2009.\n\n(2) For the owner or operator of a CAIR SO 2  unit that commences commercial operation on or after July 1, 2008, by the later of the following dates:\n\n(i) January 1, 2009; or\n\n(ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.\n\n(3) For the owner or operator of a CAIR SO 2  unit for which construction of a new stack or flue or installation of add-on SO 2  emission controls is completed after the applicable deadline under paragraph (b)(1), (2), (4), or (5) of this section, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on SO 2  emissions controls.\n\n(4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, by the date specified in \u00a7 96.284(b).\n\n(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a CAIR SO 2  opt-in unit under subpart III of this part, by the date on which the CAIR SO 2  opt-in unit enters the CAIR SO 2  Trading Program as provided in \u00a7 96.284(g).\n\n(c)  Reporting data.  The owner or operator of a CAIR SO 2  unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for SO 2  concentration, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine SO 2  mass emissions and heat input in accordance with \u00a7 75.31(b)(2) or (c)(3) of this chapter or section 2.4 of appendix D to part 75 of this chapter, as applicable.\n\n(d)  Prohibitions.  (1) No owner or operator of a CAIR SO 2  unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with \u00a7 96.275.\n\n(2) No owner or operator of a CAIR SO 2  unit shall operate the unit so as to discharge, or allow to be discharged, SO 2  emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter.\n\n(3) No owner or operator of a CAIR SO 2  unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording SO 2  mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subpart and part 75 of this chapter.\n\n(4) No owner or operator of a CAIR SO 2  unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:\n\n(i) During the period that the unit is covered by an exemption under \u00a7 96.205 that is in effect;\n\n(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\n\n(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 \u00a7 96.271(d)(3)(i).\n\n(e)  Long-term cold storage.  The owner or operator of a CAIR SO 2  unit is subject to the applicable provisions of part 75 of this chapter concerning units in long-term cold storage."], ["40:40:22.0.1.1.12.28.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.271 Initial certification and recertification procedures.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006; 71 FR 74794, Dec. 13, 2006]", "(a) The owner or operator of a CAIR SO 2  unit shall be exempt from the initial certification requirements of this section for a monitoring system under \u00a7 96.270(a)(1) if the following conditions are met:\n\n(1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and\n\n(2) The applicable quality-assurance and quality-control requirements of \u00a7 75.21 of this chapter and appendix B and appendix D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.\n\n(b) The recertification provisions of this section shall apply to a monitoring system under \u00a7 96.270(a)(1) exempt from initial certification requirements under paragraph (a) of this section.\n\n(c) [Reserved]\n\n(d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR SO 2  unit shall comply with the following initial certification and recertification procedures, for a continuous monitoring system ( i.e. , a continuous emission monitoring system and an excepted monitoring system under appendix D to part 75 of this chapter) under \u00a7 96.270(a)(1). The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under \u00a7 75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph (e) or (f) of this section respectively.\n\n(1)  Requirements for initial certification.  The owner or operator shall ensure that each continuous monitoring system under \u00a7 96.270(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under \u00a7 75.20 of this chapter by the applicable deadline in \u00a7 96.270(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with \u00a7 75.20 of this chapter is required.\n\n(2)  Requirements for recertification.  Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under \u00a7 96.270(a)(1) that may significantly affect the ability of the system to accurately measure or record SO 2  mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of \u00a7 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with \u00a7 75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with \u00a7 75.20(b) of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include: replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system under \u00a7 96.270(a)(1) is subject to the recertification requirements in \u00a7 75.20(g)(6) of this chapter.\n\n(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 \u00a7 96.270(a)(1). For recertifications, replace the words \u201ccertification\u201d and \u201cinitial certification\u201d with the word \u201crecertification\u201d, replace the word \u201ccertified\u201d with the word \u201crecertified,\u201d and follow the procedures in \u00a7\u00a7 75.20(b)(5) and (g)(7) of this chapter in lieu of the procedures in paragraph (d)(3)(v) of this section.\n\n(i)  Notification of certification.  The CAIR designated representative shall submit to the permitting authority, the appropriate EPA Regional Office, and the Administrator written notice of the dates of certification testing, in accordance with \u00a7 96.273.\n\n(ii)  Certification application.  The CAIR designated representative shall submit to the permitting authority a certification application for each monitoring system. A complete certification application shall include the information specified in \u00a7 75.63 of this chapter.\n\n(iii)  Provisional certification date.  The provisional certification date for a monitoring system shall be determined in accordance with \u00a7 75.20(a)(3) of this chapter. A provisionally certified monitoring system may be used under the CAIR SO 2  Trading Program for a period not to exceed 120 days after receipt by the permitting authority of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the permitting authority does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the permitting authority.\n\n(iv)  Certification application approval process.  The permitting authority will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the permitting authority does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the CAIR SO 2  Trading Program.\n\n(A)  Approval notice.  If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the permitting authority will issue a written notice of approval of the certification application within 120 days of receipt.\n\n(B)  Incomplete application notice.  If the certification application is not complete, then the permitting authority will issue a written notice of incompleteness that sets a reasonable date by which the CAIR designated representative must submit the additional information required to complete the certification application. If the CAIR designated representative does not comply with the notice of incompleteness by the specified date, then the permitting authority may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section. The 120-day review period shall not begin before receipt of a complete certification application.\n\n(C)  Disapproval notice.  If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the permitting authority will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the permitting authority and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under \u00a7 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.\n\n(D)  Audit decertification.  The permitting authority or, for a CAIR SO 2  opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, the Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with \u00a7 96.272(b).\n\n(v)  Procedures for loss of certification.  If the permitting authority or the Administrator issues a notice of disapproval of a certification application under paragraph (d)(3)(iv)(C) of this section or a notice of disapproval of certification status under paragraph (d)(3)(iv)(D) of this section, then:\n\n(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 \u00a7 75.20(a)(4)(iii), \u00a7 75.20(g)(7), or \u00a7 75.21(e) of this chapter and continuing until the applicable date and hour specified under \u00a7 75.20(a)(5)(i) or (g)(7) of this chapter:\n\n( 1 ) For a disapproved SO 2  pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of SO 2  and the maximum potential flow rate, as defined in sections 2.1.1.1 and 2.1.4.1 of appendix A to part 75 of this chapter.\n\n( 2 ) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO 2  concentration or the minimum potential O 2  concentration (as applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to part 75 of this chapter.\n\n( 3 ) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.\n\n(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.\n\n(C) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the permitting authority's or the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.\n\n(e)  Initial certification and recertification procedures for units using the low mass emission excepted methodology under \u00a7 75.19 of this chapter.  The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under \u00a7 75.19 of this chapter shall meet the applicable certification and recertification requirements in \u00a7\u00a7 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 \u00a7 75.20(g) of this chapter.\n\n(f)  Certification/recertification procedures for alternative monitoring systems.  The CAIR designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, the permitting authority under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of \u00a7 75.20(f) of this chapter."], ["40:40:22.0.1.1.12.28.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.272 Out of control periods.", "EPA", "", "", "", "(a) Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D of or appendix D to part 75 of this chapter.\n\n(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 \u00a7 96.271 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the permitting authority or, for a CAIR SO 2  opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the permitting authority or the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be 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 \u00a7 96.271 for each disapproved monitoring system."], ["40:40:22.0.1.1.12.28.1.4", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.273 Notifications.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006]", "The CAIR designated representative for a CAIR SO 2  unit shall submit written notice to the permitting authority and the Administrator in accordance with \u00a7 75.61 of this chapter."], ["40:40:22.0.1.1.12.28.1.5", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.274 Recordkeeping and reporting.", "EPA", "", "", "[70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006]", "(a)  General provisions.  The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of \u00a7 96.210(e)(1).\n\n(b)  Monitoring plans.  The owner or operator of a CAIR SO 2  unit shall comply with requirements of \u00a7 75.62 of this chapter and, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, \u00a7\u00a7 96.283 and 96.284(a).\n\n(c)  Certification applications.  The CAIR designated representative shall submit an application to the permitting authority within 45 days after completing all initial certification or recertification tests required under \u00a7 96.271, including the information required under \u00a7 75.63 of this chapter.\n\n(d)  Quarterly reports.  The CAIR designated representative shall submit quarterly reports, as follows:\n\n(1) The CAIR designated representative shall report the SO 2  mass emissions data and heat input data for the CAIR SO 2  unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:\n\n(i) For a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009;\n\n(ii) For a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under \u00a7 96.270(b), unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31, 2009;\n\n(iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart III of this part, the calendar quarter corresponding to the date specified in \u00a7 96.284(b); and\n\n(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a CAIR SO 2  opt-in unit under subpart III of this part, the calendar quarter corresponding to the date on which the CAIR SO 2  opt-in unit enters the CAIR SO 2  Trading Program as provided in \u00a7 96.284(g).\n\n(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 \u00a7 75.64 of this chapter.\n\n(3) For CAIR SO 2  units that are also subject to an Acid Rain emissions limitation or the CAIR NO X  Annual Trading Program CAIR NO X  Ozone Season Trading Program, or Hg Budget Trading Program, quarterly reports shall include the applicable data and information required by subparts F through I of part 75 of this chapter as applicable, in addition to the SO 2  mass emission data, heat input data, and other information required by this subpart.\n\n(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:\n\n(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\n\n(2) For a unit with add-on SO 2  emission controls and for all hours where SO 2  data are substituted in accordance with \u00a7 75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate SO 2  emissions."], ["40:40:22.0.1.1.12.28.1.6", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "HHH", "Subpart HHH\u2014Monitoring and Reporting", "", "\u00a7 96.275 Petitions.", "EPA", "", "", "", "(a) The CAIR designated representative of a CAIR SO 2  unit that is subject to an Acid Rain emissions limitation may submit a petition under \u00a7 75.66 of this chapter to the Administrator requesting approval to apply an alternative to any requirement of this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator, in consultation with the permitting authority.\n\n(b) The CAIR designated representative of a CAIR SO 2  unit that is not subject to an Acid Rain emissions limitation may submit a petition under \u00a7 75.66 of this chapter to the permitting authority and the Administrator requesting approval to apply an alternative to any requirement of this subpart. Application of an alternative to any requirement of this subpart is in accordance with this subpart only to the extent that the petition is approved in writing by both the permitting authority and the Administrator."], ["40:40:22.0.1.1.12.29.1.1", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "III", "Subpart III\u2014CAIR SO", "", "\u00a7 96.280 Applicability.", "EPA", "", "", "", "A CAIR SO 2  opt-in unit must be a unit that:\n\n(a) Is located in the State;\n\n(b) Is not a CAIR SO 2  unit under \u00a7 96.204 and is not covered by a retired unit exemption under \u00a7 96.205 that is in effect;\n\n(c) Is not covered by a retired unit exemption under \u00a7 72.8 of this chapter that is in effect and is not an opt-in source under part 74 of this chapter;\n\n(d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and\n\n(e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHH of this part."], ["40:40:22.0.1.1.12.29.1.2", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "III", "Subpart III\u2014CAIR SO", "", "\u00a7 96.281 General.", "EPA", "", "", "", "(a) Except as otherwise provided in \u00a7\u00a7 96.201 through 96.204, \u00a7\u00a7 96.206 through 96.208, and subparts BBB and CCC and subparts FFF through HHH of this part, a CAIR SO 2  opt-in unit shall be treated as a CAIR SO 2  unit for purposes of applying such sections and subparts of this part.\n\n(b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart HHH of this part to a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, such unit shall be treated as a CAIR SO 2  unit before issuance of a CAIR opt-in permit for such unit."], ["40:40:22.0.1.1.12.29.1.3", 40, "Protection of Environment", "I", "C", "96", "PART 96\u2014NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS", "III", "Subpart III\u2014CAIR SO", "", "\u00a7 96.282 CAIR designated representative.", "EPA", "", "", "", "Any CAIR SO 2  opt-in unit, and any unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under this subpart, located at the same source as one or more CAIR SO 2  units shall have the same CAIR designated representative and alternate CAIR designated representative as such CAIR SO 2  units."]], "truncated": false, "filtered_table_rows_count": 192, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", 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