cfr_sections
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439 rows where part_number = 97 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:23.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.1 Purpose. | EPA | This part establishes general provisions and the applicability, permitting, allowance, excess emissions, monitoring, and opt-in provisions for the federal NO X Budget Trading Program, under section 126 of the CAA and § 52.34 of this chapter, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor. | ||||
| 40:40:23.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.2 Definitions. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21645, Apr. 21, 2004] | The terms used in this part shall have the meanings set forth in this section as follows: Account number means the identification number given by the Administrator to each NO X Allowance Tracking System account. Acid Rain emissions limitation means, as defined in § 72.2 of this chapter, a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program under title IV of the Clean Air Act. Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. Allocate or allocation means, with regard to NO X allowances, the determination by the Administrator of the number of NO X allowances to be initially credited to a NO X Budget unit or an allocation set-aside. Automated data acquisition and handling system or DAHS means that component of the CEMS, or other emissions monitoring system approved for use under subpart H of this part, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by subpart H of this part. Boiler means an enclosed fossil or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium. Clean Air Act means the Clean Air Act, 42 U.S.C. 7401 et seq. Combined cycle system means a system comprised of one or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production. Combustion turbine means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine. Commence commercial operation means, with regard to a unit t… | |||
| 40:40:23.0.1.1.1.1.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.3 Measurements, abbreviations, and acronyms. | EPA | Measurements, abbreviations, and acronyms used in this part are defined as follows: Btu-British thermal unit. CO 2 -carbon dioxide. hr-hour. kW-kilowatt electrical. kWh-kilowatt hour. lb-pounds. mmBtu-million Btu. MWe-megawatt electrical. NO X -nitrogen oxides. O 2 -oxygen. ton-2000 pounds. Btu-British thermal unit. CO 2 -carbon dioxide. hr-hour. kW-kilowatt electrical. kWh-kilowatt hour. lb-pounds. mmBtu-million Btu. MWe-megawatt electrical. NO X -nitrogen oxides. O 2 -oxygen. ton-2000 pounds. | ||||
| 40:40:23.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.4 Applicability. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21645, Apr. 21, 2004] | (a) The following units in a State shall be a NO X Budget unit, and any source that includes one or more such units shall be a NO X Budget source, subject to the requirements of this part: (1)(i) For units other than cogeneration units— (A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator— ( 1 ) With a nameplate capacity greater than 25 MWe and ( 2 ) Producing electricity for sale under a firm contract to the electric grid. (B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator— ( 1 ) With a nameplate capacity greater than 25 MWe and ( 2 ) Producing electricity for sale under a firm contract to the electric grid. (C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator— ( 1 ) With a nameplate capacity greater than 25 MWe and ( 2 ) Producing electricity for sale. (ii) For cogeneration units— (A) For units commencing operation before January 1, 1997, a unit serving during 1995 or 1996 a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1995 or 1996 under the Acid Rain Program. (B) For units commencing operation in 1997 or 1998, a unit serving during 1997 or 1998 a generator with a nameplate capacity grater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter for 1997 or 1998 under the Acid Rain Program. (C) For units commencing operation on or after January 1, 1999, a unit serving at any time a generator with a nameplate capacity greater than 25 MWe and failing to qualify as an unaffected unit under § 72.6(b)(4) of this chapter under the Acid Rain Program for any year. (2)(i) For units other than cogeneration units— (A) For units commencing operation before January 1, 1997, a unit— ( 1 ) With a maximum design heat input greater than 250 mmBtu/hr and ( 2 ) Not serving during 1995 or 1996 a generator producing electricity for sale… | |||
| 40:40:23.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.5 Retired unit exemption. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002; 69 FR 21646, Apr. 21, 2004] | (a) This section applies to any NO X Budget unit, other than a NO X Budget opt-in unit, that is permanently retired. (b)(1) Any NO X Budget unit, other than a NO X Budget opt-in unit, that is permanently retired shall be exempt from the NO X Budget Trading Program, except for the provisions of this section, § 97.2, § 97.3, § 97.4, § 97.7, and subparts E, F, and G of this part. (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. The NO X authorized account representative 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 is permanently retired and will comply with the requirements of paragraph (c) of this section. (3) After receipt of the notice under paragraph (b)(2) of this section, the permitting authority will amend any permit covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (b)(1) and (c) of this section. (c) Special provisions. (1) A unit exempt under this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect. (2) The Administrator will allocate NO X allowances under subpart E of this part to a unit exempt under this section. For each control period for which the unit is allocated one or more NO X allowances, the owners and operators of the unit shall specify a general account, in which the Administrator will record such NO X allowances. (3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under this section shall retain at the source that includes the unit, records demonstrating th… | |||
| 40:40:23.0.1.1.1.1.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.6 Standard requirements. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002] | (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: (i) Submit to the permitting authority a complete NO X Budget permit application under § 97.22 in accordance with the deadlines specified in § 97.21(b) and (c); (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. (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. (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. (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. (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. (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 § 97.54(a), (b), (e), or (f) as of the NO X allowance transfer deadline, in the unit's compliance account and… | |||
| 40:40:23.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | A | Subpart A—NO | § 97.7 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. (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. (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. | ||||
| 40:40:23.0.1.1.1.10.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | J | Subpart J—Appeal Procedures | § 97.90 Appeal procedures. | EPA | [69 FR 21648, Apr. 21, 2004] | The appeal procedures for the NO X Budget Trading Program are set forth in part 78 of this chapter. | |||
| 40:40:23.0.1.1.1.11.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.101 Purpose. | EPA | This subpart and subparts BB through II set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) NO X Annual Trading Program, under section 110 of the Clean Air Act and § 52.35 of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. | ||||
| 40:40:23.0.1.1.1.11.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.102 Definitions. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006; 72 FR 59206, 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: Account number means the identification number given by the Administrator to each CAIR NO X Allowance Tracking System account. Acid Rain emissions limitation means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program. Acid Rain Program means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and parts 72 through 78 of this chapter. Actual weighted average NO X emission rate means, for a NO X averaging plan under § 76.11 of this chapter and for a year: (1) The sum of the products of the actual annual average NO X emission rate and actual annual heat input (as determined in accordance with part 75 of this chapter) for all units in the NO X averaging plan for the year; divided by (2) The sum of the actual annual heat input (as determined in accordance with part 75 of this chapter) for all units in the NO X averaging plan for the year. Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. Allocate or allocation means, with regard to CAIR NO 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. Allowance transfer deadline means, for a control period, midnight of March 1 (if it is a business day), or midnight of the first business day thereafter (if March 1 is not a business day), immediately following the control period and is the deadline by which a CAIR NO 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 § 97.154. Altern… | |||
| 40:40:23.0.1.1.1.11.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.103 Measurements, abbreviations, and acronyms. | EPA | Measurements, abbreviations, and acronyms used in this subpart and subparts BB through II are defined as follows: Btu—British thermal unit CO 2 —carbon dioxide H 2 O—water Hg—mercury hr—hour kW—kilowatt electrical kWh—kilowatt hour lb—pound mmBtu—million Btu MWe—megawatt electrical MWh—megawatt hour NO X —nitrogen oxides O 2 —oxygen ppm—parts per million scfh—standard cubic feet per hour SO 2 —sulfur dioxide yr—year | ||||
| 40:40:23.0.1.1.1.11.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.104 Applicability. | EPA | (a) Except as provided in paragraph (b) of this section: (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. (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. (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: (1)(i) Any unit that is a CAIR NO X unit under paragraph (a)(1) or (2) of this section: (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and (B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no… | ||||
| 40:40:23.0.1.1.1.11.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.105 Retired unit exemption. | EPA | (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, §§ 97.102, 97.103, 97.104, 97.106(c)(4) through (7), 97.107, 97.108, and subparts BB and EE through GG of this part. (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. (3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section. (b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any nitrogen oxides, starting on the date that the exemption takes effect. (2) The Administrator or the permitting authority will allocate CAIR NO X allowances under subpart EE of this part to a unit exempt under paragraph (a) of this section. (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 … | ||||
| 40:40:23.0.1.1.1.11.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.106 Standard requirements. | EPA | (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: (i) Submit to the permitting authority a complete CAIR permit application under § 97.122 in accordance with the deadlines specified in § 97.121; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit. (2) The owners and operators of each CAIR NO 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. (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. (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. (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. (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 sou… | ||||
| 40:40:23.0.1.1.1.11.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.107 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. (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. (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. | ||||
| 40:40:23.0.1.1.1.11.1.8 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AA | Subpart AA—CAIR NO | § 97.108 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. | ||||
| 40:40:23.0.1.1.1.12.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.110 Authorization and responsibilities of CAIR designated representative. | EPA | (a) Except as provided under § 97.111, 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. (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 § 97.113(a)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 97.113, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NO 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. (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 § 97.113 for a CAIR designated representative of the source and the CAIR NO X units at the source. (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: “I am authorized to make this submission on behalf of t… | ||||
| 40:40:23.0.1.1.1.12.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.111 Alternate CAIR designated representative. | EPA | (a) A certificate of representation under § 97.113 may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation under § 97.113, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative. (c) Except in this section and §§ 97.102, 97.110(a) and (d), 97.112, 97.113, 97.115, 97.151 and 97.182, whenever the term “CAIR designated representative” is used in subparts AA through II of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative. | ||||
| 40:40:23.0.1.1.1.12.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.112 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators. | EPA | (a) Changing CAIR designated representative. The CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.113. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new CAIR designated representative and the owners and operators of the CAIR NO X source and the CAIR NO X units at the source. (b) Changing alternate CAIR designated representative. The alternate CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.113. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate CAIR designated representative and the owners and operators of the CAIR NO X source and the CAIR NO X units at the source. (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 § 97.113, 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. (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 ow… | ||||
| 40:40:23.0.1.1.1.12.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.113 Certificate of representation. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 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: (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. (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative. (3) A list of the owners and operators of the CAIR NO X source and of each CAIR NO X unit at the source. (4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative— (i) “I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR NO X unit at the source.” (ii) “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 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.” (iii) “I 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.” (iv) Where 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 t… | |||
| 40:40:23.0.1.1.1.12.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.114 Objections concerning CAIR designated representative. | EPA | (a) Once a complete certificate of representation under § 97.113 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.113 is received by the Administrator. (b) Except as provided in § 97.112(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR NO X Annual Trading Program. (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR NO X allowance transfers. | ||||
| 40:40:23.0.1.1.1.12.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BB | Subpart BB—CAIR Designated Representative for CAIR NO | § 97.115 Delegation by CAIR designated representative and alternate CAIR designated representative. | EPA | (a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.115(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.115(d), I agree to maint… | ||||
| 40:40:23.0.1.1.1.13.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CC | Subpart CC—Permits | § 97.120 General CAIR NO | EPA | (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 § 97.105, this subpart, and subpart II of this part. (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. | ||||
| 40:40:23.0.1.1.1.13.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CC | Subpart CC—Permits | § 97.121 Submission of CAIR permit applications. | EPA | (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 § 97.122 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 § 97.183(a). (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 § 97.122 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 § 97.183(b). | ||||
| 40:40:23.0.1.1.1.13.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CC | Subpart CC—Permits | § 97.122 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: (a) Identification of the CAIR NO X source; (b) Identification of each CAIR NO X unit at the CAIR NO X source; and (c) The standard requirements under § 97.106. | ||||
| 40:40:23.0.1.1.1.13.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CC | Subpart CC—Permits | § 97.123 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 § 97.122. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.102 and, upon recordation by the Administrator under subpart EE, FF, GG, or II of this part, every allocation, transfer, or deduction of a CAIR NO X allowance to or from the compliance account of the CAIR NO X source covered by the permit. (c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR NO X source's title V operating permit or other federally enforceable permit as applicable. | ||||
| 40:40:23.0.1.1.1.13.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CC | Subpart CC—Permits | § 97.124 CAIR permit revisions. | EPA | Except as provided in § 97.123(b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions. | ||||
| 40:40:23.0.1.1.1.15.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | EE | Subpart EE—CAIR NO | § 97.140 State trading budgets. | EPA | 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: | ||||
| 40:40:23.0.1.1.1.15.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | EE | Subpart EE—CAIR NO | § 97.141 Timing requirements for CAIR NO | EPA | (a) The Administrator will determine by order the CAIR NO X allowance allocations, in accordance with § 97.142(a) and (b), for the control periods in 2009, 2010, 2011, 2012, 2013, and 2014. (b) By July 31, 2011 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO X allowance allocations, in accordance with § 97.142(a) and (b), for the control period in the fourth year after the year of the applicable deadline for determination under this paragraph. (c) By July 31, 2009 and July 31 of each year thereafter, the Administrator will determine by order the CAIR NO X allowance allocations, in accordance with § 97.142(a),(c), and (d), for the control period in the year of the applicable deadline for determination under this paragraph. (d) The Administrator will make available to the public each determination of CAIR NO X allowances under paragraph (a), (b), or (c) of this section and will provide an opportunity for submission of objections to the determination. Objections shall be limited to addressing whether the determination is in accordance with § 97.142. Based on any such objections, the Administrator will adjust each determination to the extent necessary to ensure that it is in accordance with § 97.142. | ||||
| 40:40:23.0.1.1.1.15.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | EE | Subpart EE—CAIR NO | § 97.142 CAIR NO | EPA | (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: (i) For units commencing operation before January 1, 2001 the average of the 3 highest amounts of the unit's adjusted control period heat input for 2000 through 2004, with the adjusted control period heat input for each year calculated as follows: (A) If the unit is coal-fired during the year, the unit's control period heat input for such year is multiplied by 100 percent; (B) If the unit is oil-fired during the year, the unit's control period heat input for such year is multiplied by 60 percent; and (C) If the unit is not subject to paragraph (a)(1)(i)(A) or (B) of this section, the unit's control period heat input for such year is multiplied by 40 percent. (ii) For units commencing operation on or after January 1, 2001 and operating each calendar year during a period of 5 or more consecutive calendar years, the average of the 3 highest amounts of the unit's total converted control period heat input over the first such 5 years. (2)(i) A unit's control period heat input, and a unit's status as coal-fired or oil-fired, for a calendar year under paragraph (a)(1)(i) of this section, and a unit's total tons of NO 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 Administrator for the unit (in a format prescribed by the Administrator), to the extent the unit was not otherwise subject to the requirements of part 75 of this chapter for the year. (ii) A unit's converted control period heat input for a calendar year specified under paragraph (a)(1)(ii) of this section equals: (A) Except as provided in paragraph (a)(2)(ii)(B) or (C) of this section, the control period gross electrical output of the gen… | ||||
| 40:40:23.0.1.1.1.15.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | EE | Subpart EE—CAIR NO | § 97.143 Compliance supplement pool. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] | (a) In addition to the CAIR NO X allowances allocated under § 97.142, the Administrator 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: (b) For any CAIR NO X unit in a State, if the unit's average annual NO X emission rate for 2007 or 2008 is less than 0.25 lb/mmBtu and, where such unit is included in a NO X averaging plan under § 76.11 of this chapter under the Acid Rain Program for such year, the unit's NO X averaging plan has an actual weighted average NO X emission rate for such year equal to or less than the actual weighted average NO X emission rate for the year before such year and if the unit achieves NO X emission reductions in 2007 and 2008, 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: (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. (2) The CAIR designated representative of such CAIR NO X unit shall submit to the Administrator by May 1, 2009 a request, in a format specified by the Administrator, for allocation of an amount of CAIR NO X allowances from the compliance supplement pool not exceeding the sum of the unit's heat input for the control period in 2007 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the unit's NO X emission rate for the control period in 2007 plus the unit's heat input for the control period in 2008 multiplied by the difference (if any greater than zero) between 0.25 lb/mmBtu and the unit's NO X emission rate for the control period in 2008, determined in accordance with subpart HH of this part and with the sum divided by 2,000 lb/t… | |||
| 40:40:23.0.1.1.1.15.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | EE | Subpart EE—CAIR NO | § 97.144 Alternative of allocation of CAIR NO | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] | (a) Notwithstanding §§ 97.141, 97.142, and 97.153 if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(1) of this chapter providing for allocation of CAIR NO X allowances by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under §§ 97.141 and 97.142 for the CAIR NO X units in the State, and under § 97.153, the Administrator will record the allocations made under such approved State implementation plan revision instead of allocations made under §§ 97.141 and 97.142. (b) Notwithstanding § 97.143, if a State submits, and the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(2) of this chapter providing for allocation of the State's compliance supplement pool by the permitting authority, then the permitting authority shall make such allocations in accordance with such approved State implementation plan revision, the Administrator will not make allocations under § 97.143(d)(4) for the CAIR NO X units in the State, and under § 97.143(d)(5), the Administrator will record the allocations of the State's compliance supplement pool made under such approved State implementation plan revision instead of allocations made under § 97.143(d)(4). (c)(1) In implementing paragraph (a) of this section and §§ 97.141, 97.142, and 97.153, the Administrator will ensure that the total amount of CAIR NO X allowances allocated, under such provisions and under a State's State implementation plan revision approved in accordance with § 51.123(p)(1) of this chapter, for a control period for CAIR NO X sources in the State or for other entities specified by the permitting authority will not exceed the State's State trading budget for the year of the control period. (2) In implementing paragraph (b) of this section and § 97.143, the Administrator will ensure that the total amount of CAIR… | |||
| 40:40:23.0.1.1.1.16.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.150 [Reserved] | EPA | |||||
| 40:40:23.0.1.1.1.16.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.151 Establishment of accounts. | EPA | (a) Compliance accounts. Except as provided in § 97.184(e), upon receipt of a complete certificate of representation under § 97.113, the Administrator will establish a compliance account for the CAIR NO X source for which the certificate of representation was submitted, unless the source already has a compliance account. (b) General accounts —(1) Application for general account. (i) Any person may apply to open a general account for the purpose of holding and transferring CAIR 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. (ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative; (B) Organization name and type of organization, if applicable; (C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR NO X allowances held in the general account; (D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: “I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is … | ||||
| 40:40:23.0.1.1.1.16.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.152 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. | ||||
| 40:40:23.0.1.1.1.16.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.153 Recordation of CAIR NO | EPA | (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 in accordance with § 97.142(a) and (b) for the control period in 2009. (b) By September 30, 2008, 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 in accordance with § 97.142(a) and (b) for the control period in 2010. (c) By September 30, 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 in accordance with § 97.142(a) and (b) for the control periods in 2011, 2012, and 2013. (d) By December 1, 2010 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 in accordance with § 97.142(a) and (b) for the control period in the fourth year after the year of the applicable deadline for recordation under this paragraph. (e) 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 in accordance with § 97.142(a) and (c) for the control period in the year of the applicable deadline for recordation under this paragraph. (f) 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. | ||||
| 40:40:23.0.1.1.1.16.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.154 Compliance with CAIR NO | EPA | (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: (1) Were allocated for the control period in the year or a prior year; and (2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR NO X allowance transfer correctly submitted for recordation under §§ 97.160 and 97.161 by the allowance transfer deadline for the control period. (b) Deductions for compliance. Following the recordation, in accordance with § 97.161, 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: (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 (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. (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 contr… | ||||
| 40:40:23.0.1.1.1.16.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.155 Banking. | EPA | (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. (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 § 97.142, § 97.154, § 97.156, or subpart GG or II of this part. | ||||
| 40:40:23.0.1.1.1.16.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.156 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. | ||||
| 40:40:23.0.1.1.1.16.1.8 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FF | Subpart FF—CAIR NO | § 97.157 Closing of general accounts. | EPA | (a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under §§ 97.160 and 97.161 for any CAIR NO X allowances in the account to one or more other CAIR NO X Allowance Tracking System accounts. (b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR 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 §§ 97.160 and 97.161 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. | ||||
| 40:40:23.0.1.1.1.17.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GG | Subpart GG—CAIR NO | § 97.160 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: (a) The account numbers for both the transferor and transferee accounts; (b) The serial number of each CAIR NO X allowance that is in the transferor account and is to be transferred; and (c) The name and signature of the CAIR authorized account representative of the transferor account and the date signed. | ||||
| 40:40:23.0.1.1.1.17.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GG | Subpart GG—CAIR NO | § 97.161 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: (1) The transfer is correctly submitted under § 97.160; and (2) The transferor account includes each CAIR NO X allowance identified by serial number in the transfer. (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 § 97.154 for the control period immediately before such allowance transfer deadline. (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. | ||||
| 40:40:23.0.1.1.1.17.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GG | Subpart GG—CAIR NO | § 97.162 Notification. | EPA | (a) Notification of recordation. Within 5 business days of recordation of a CAIR NO X allowance transfer under § 97.161, the Administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts. (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 § 97.161(a), the Administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of: (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a CAIR NO X allowance transfer for recordation following notification of non-recordation. | ||||
| 40:40:23.0.1.1.1.18.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.170 General requirements. | EPA | 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 § 97.102 and in § 72.2 of this chapter shall apply, and the terms “affected unit,” “designated representative,” and “continuous emission monitoring system” or “CEMS”) in part 75 of this chapter shall be deemed to refer to the terms “CAIR NO X unit,“ “CAIR designated representative,” and “continuous emission monitoring system” (or “CEMS”) respectively, as defined in § 97.102. The owner or operator of a unit that is not a CAIR NO X unit but that is monitored under § 75.72(b)(2)(ii) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR NO X unit. (a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR NO X unit shall: (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 (§§ 75.71 and 75.72 of this chapter); (2) Successfully complete all certification tests required under § 97.171 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and (3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section. (b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator shall meet the monitoring system certification and other requirements of paragraphs (a)(1) and (2) of this section on or before the following da… | ||||
| 40:40:23.0.1.1.1.18.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.171 Initial certification and recertification procedures. | EPA | (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 § 97.170(a)(1) if the following conditions are met: (1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and (2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendix B, appendix D, and appendix E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section. (b) The recertification provisions of this section shall apply to a monitoring system under § 97.170(a)(1) exempt from initial certification requirements under paragraph (a) of this section. (c) If the Administrator has previously approved a petition under § 75.17(a) or (b) of this chapter for apportioning the NO X emission rate measured in a common stack or a petition under § 75.66 of this chapter for an alternative to a requirement in § 75.12 or § 75.17 of this chapter, the CAIR designated representative shall resubmit the petition to the Administrator under § 97.175 to determine whether the approval applies under the CAIR NO X Annual Trading Program. (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 § 97.170(a)(1). The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under § 75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph (e) or (f) of this section respectively. (1) Requirements for initial certification. The owner or operator shall ensure that each continuou… | ||||
| 40:40:23.0.1.1.1.18.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.172 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. (b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.171 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.171 for each disapproved monitoring system. | ||||
| 40:40:23.0.1.1.1.18.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.173 Notifications. | EPA | The CAIR designated representative for a CAIR NO X unit shall submit written notice to the Administrator in accordance with § 75.61 of this chapter. | ||||
| 40:40:23.0.1.1.1.18.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.174 Recordkeeping and reporting. | EPA | (a) General provisions. The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under § 75.73 of this chapter, and the requirements of § 97.110(e)(1). (b) Monitoring plans. The owner or operator of a CAIR NO X unit shall comply with requirements of § 75.73(c) and (e) of this chapter and, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, §§ 97.183 and 97.184(a). (c) Certification applications. The CAIR designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.171, including the information required under § 75.63 of this chapter. (d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows: (1) The CAIR designated representative shall report the NO 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: (i) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering January 1, 2008 through March 31, 2008; (ii) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.170(b), unless that quarter is the third or fourth quarter of 2007, in which case reporting shall commence in the quarter covering January 1, 2008 through March 31, 2008; (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart II of this part, the calend… | ||||
| 40:40:23.0.1.1.1.18.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HH | Subpart HH—Monitoring and Reporting | § 97.175 Petitions. | EPA | The CAIR designated representative of a CAIR NO X unit may submit a petition under § 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. | ||||
| 40:40:23.0.1.1.1.19.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.180 Applicability. | EPA | A CAIR NO X opt-in unit must be a unit that: (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter establishing procedures concerning CAIR opt-in units; (b) Is not a CAIR NO X unit under § 97.104 and is not covered by a retired unit exemption under § 97.105 that is in effect; (c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HH of this part. | ||||
| 40:40:23.0.1.1.1.19.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.181 General. | EPA | (a) Except as otherwise provided in §§ 97.101 through 97.104, §§ 97.106 through 97.108, and subparts BB and CC and subparts FF through HH of this part, a CAIR NO X opt-in unit shall be treated as a CAIR NO X unit for purposes of applying such sections and subparts of this part. (b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart 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. | ||||
| 40:40:23.0.1.1.1.19.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.182 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. | ||||
| 40:40:23.0.1.1.1.19.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.183 Applying for CAIR opt-in permit. | EPA | (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 § 97.180 may apply for an initial CAIR opt-in permit at any time, except as provided under § 97.186(f) and (g), and, in order to apply, must submit the following: (1) A complete CAIR permit application under § 97.122; (2) A certification, in a format specified by the permitting authority, that the unit: (i) Is not a CAIR NO X unit under § 97.104 and is not covered by a retired unit exemption under § 97.105 that is in effect; (ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect; (iii) Vents all of its emissions to a stack; and (iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 97.122; (3) A monitoring plan in accordance with subpart HH of this part; (4) A complete certificate of representation under § 97.113 consistent with § 97.182, if no CAIR designated representative has been previously designated for the source that includes the unit; and (5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR NO X allowances under § 97.188(b) or § 97.188(c) (subject to the conditions in §§ 97.184(h) and 97.186(g)), to the extent such allocation is provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator. If allocation under § 97.188(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. (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 § 97.122 to renew the CAIR opt-in… | ||||
| 40:40:23.0.1.1.1.19.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.184 Opt-in process. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, 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 § 97.183 is submitted in accordance with the following, to the extent provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator: (a) Interim review of monitoring plan. The permitting authority and the Administrator will determine, on an interim basis, the sufficiency of the monitoring plan accompanying the initial application for a CAIR opt-in permit under § 97.183. A monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO 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. (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 § 97.184(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 § 97.186. (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 § 97.184(g), during which period monitoring system availability must not be less than 90 percent under subpart HH of this part and the u… | |||
| 40:40:23.0.1.1.1.19.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.185 CAIR opt-in permit contents. | EPA | (a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 97.122; (2) The certification in § 97.183(a)(2); (3) The unit's baseline heat input under § 97.184(c); (4) The unit's baseline NO X emission rate under § 97.184(d); (5) A statement whether the unit is to be allocated CAIR NO X allowances under § 97.188(b) or § 97.188(c) (subject to the conditions in §§ 97.184(h) and 97.186(g)); (6) A statement that the unit may withdraw from the CAIR NO X Annual Trading Program only in accordance with § 97.186; and (7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.187. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.102 and, upon recordation by the Administrator under subpart FF or GG of this part or this subpart, every allocation, transfer, or deduction of CAIR NO 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. (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. | ||||
| 40:40:23.0.1.1.1.19.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.186 Withdrawal from CAIR NO | EPA | 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. (a) Requesting withdrawal. In order to withdraw a 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 § 97.184(g). The request must be submitted no later than 90 days before the requested effective date of withdrawal. (b) Conditions for withdrawal. Before a CAIR 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: (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 § 97.106(c) and cannot have any excess emissions. (2) After the requirement for withdrawal under paragraph (b)(1) of this section is met, the Administrator will deduct from 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 § 97.188 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 accou… | ||||
| 40:40:23.0.1.1.1.19.1.8 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.187 Change in regulatory status. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006] | (a) Notification. If a CAIR NO X opt-in unit becomes a CAIR NO X unit under § 97.104, 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. (b) Permitting authority's and Administrator's actions. (1) If a CAIR NO X opt-in unit becomes a CAIR NO X unit under § 97.104, 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 § 97.123, 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 § 97.104. (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 § 97.104, CAIR NO X allowances equal in amount to and allocated for the same or a prior control period as: (A) Any CAIR NO X allowances allocated to the CAIR NO X opt-in unit under § 97.188 for any control period after the date on which the CAIR NO X opt-in unit becomes a CAIR NO X unit under § 97.104; and (B) If the date on which the CAIR NO X opt-in unit becomes a CAIR NO X unit under § 97.104 is not December 31, the CAIR NO X allowances allocated to the CAIR NO X opt-in unit under § 97.188 for the control period that includes the date on which the CAIR NO X opt-in unit becomes a CAIR NO X unit under § 97.104, 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 § 97.104 divided by the total number of days in the control period and rounded to the nearest whole allowance as appropriate. (ii) The CAIR designated representative shall ensure that the compliance account of the source that includes the CAIR NO X opt-in unit that becomes a CAIR NO X unit under § 97.104 contains the CAIR NO X allowances necessary for completion of the deducti… | |||
| 40:40:23.0.1.1.1.19.1.9 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | II | Subpart II—CAIR NO | § 97.188 CAIR NO | EPA | (a) Timing requirements. (1) When the CAIR opt-in permit is issued under § 97.184(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 § 97.184(g), in accordance with paragraph (b) or (c) of this section. (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 § 97.184(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. (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, if provided in a State implementation plan revision submitted in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter and approved by the Administrator: (1) The heat input (in mmBtu) used for calculating the CAIR NO X allowance allocation will be the lesser of: (i) The CAIR NO X opt-in unit's baseline heat input determined under § 97.184(c); or (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 § 97.184(g). (2) The NO X emission rate (in lb/mmBtu) used for calculating CAIR NO X allowance allocations will be the lesser of: (i) The CAIR NO X opt-in unit's baseline NO X emissions rate (in lb/mmBtu) determined under § … | ||||
| 40:40:23.0.1.1.1.2.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | B | Subpart B—NO | § 97.10 Authorization and responsibilities of NO | EPA | (a) Except as provided under § 97.11, 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. (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. (c) Upon receipt by the Administrator of a complete account certificate of representation under § 97.13, 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. (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 § 97.13 for a NO X authorized account representative of the source and the NO X Budget units at the source. (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: “I am authorized to make this submission on behalf of the owners and operators of the… | ||||
| 40:40:23.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | B | Subpart B—NO | § 97.11 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. (b) Upon receipt by the Administrator of a complete account certificate of representation under § 97.13, any representation, action, inaction, or submission by the alternate NO X authorized account representative shall be deemed to be a representation, action, inaction, or submission by the NO X authorized account representative. (c) Except in this section and §§ 97.10(a), 97.12, 97.13, and 97.51, whenever the term “NO X authorized account representative” is used in this part, the term shall be construed to include the alternate NO X authorized account representative. | ||||
| 40:40:23.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | B | Subpart B—NO | § 97.12 Changing NO | EPA | (a) Changing 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 § 97.13. 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. (b) Changing 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 § 97.13. 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. (c) Changes in 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 under § 97.13, 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 … | ||||
| 40:40:23.0.1.1.1.2.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | B | Subpart B—NO | § 97.13 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: (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. (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. (3) A list of the owners and operators of the NO X Budget source and of each NO X Budget unit at the source. (4) The following certification statement by the NO X authorized account representative and any alternate NO X authorized account representative: “I 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.” (5) The signature of the NO X authorized account representative and any alternate NO X authorized account representative and the dates signed. (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 … | ||||
| 40:40:23.0.1.1.1.2.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | B | Subpart B—NO | § 97.14 Objections concerning NO | EPA | (a) Once a complete account certificate of representation under § 97.13 has been submitted and received, the permitting authority and the Administrator will rely on the account certificate of representation unless and until a superseding complete account certificate of representation under § 97.13 is received by the Administrator. (b) Except as provided in § 97.12 (a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission of the NO 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. (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. | ||||
| 40:40:23.0.1.1.1.20.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.201 Purpose. | EPA | This subpart and subparts BBB through III set forth the general provisions and the designated representative, permitting, allowance, monitoring, and opt-in provisions for the Federal Clean Air Interstate Rule (CAIR) SO 2 Trading Program, under section 110 of the Clean Air Act and § 52.36 of this chapter, as a means of mitigating interstate transport of fine particulates and sulfur dioxide. | ||||
| 40:40:23.0.1.1.1.20.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.202 Definitions. | EPA | [65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006; 72 FR 59207, 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: Account number means the identification number given by the Administrator to each CAIR SO 2 Allowance Tracking System account. Acid Rain emissions limitation means a limitation on emissions of sulfur dioxide or nitrogen oxides under the Acid Rain Program. Acid Rain Program means a multi-state sulfur dioxide and nitrogen oxides air pollution control and emission reduction program established by the Administrator under title IV of the CAA and parts 72 through 78 of this chapter. Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. Allocate or allocation means, with regard to CAIR SO 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 § 97.288 or provisions of a State implementation plan that are approved under § 51.124(o)(1) or (2) or (r) 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. Allowance transfer deadline means, for a control period, midnight of March 1 (if it is a business day), or midnight of the first business day thereafter (if March 1 is not a business day), immediately following the control period and is the deadline by which a CAIR SO 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 § 97.254. Alternate 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 unit… | |||
| 40:40:23.0.1.1.1.20.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.203 Measurements, abbreviations, and acronyms. | EPA | Measurements, abbreviations, and acronyms used in this subpart and subparts BBB through III are defined as follows: Btu—British thermal unit. CO 2 —carbon dioxide. H 2 O—water. Hg—mercury. hr—hour. kW—kilowatt electrical. kWh—kilowatt hour. lb—pound. mmBtu—million Btu. MWe—megawatt electrical. MWh—megawatt hour. NO X —nitrogen oxides. O 2 —oxygen. ppm—parts per million. scfh—standard cubic feet per hour. SO 2 —sulfur dioxide. yr—year. | ||||
| 40:40:23.0.1.1.1.20.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.204 Applicability. | EPA | (a) Except as provided in paragraph (b) of this section: (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. (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. (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: (1)(i) Any unit that is a CAIR SO 2 unit under paragraph (a)(1) or (2) of this section: (A) Qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and (B) Not serving at any time, since the later of November 15, 1990 or the start-up of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale. (ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently … | ||||
| 40:40:23.0.1.1.1.20.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.205 Retired unit exemption. | EPA | (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, §§ 97.202, 97.203, 97.204, 97.206(c)(4) through (7), 97.207, 97.208, and subparts BBB, FFF, and GGG of this part. (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. (3) After receipt of the statement under paragraph (a)(2) of this section, the permitting authority will amend any permit under subpart CCC of this part covering the source at which the unit is located to add the provisions and requirements of the exemption under paragraphs (a)(1) and (b) of this section. (b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any sulfur dioxide, starting on the date that the exemption takes effect. (2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (a) of this section shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the permitting authority or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired. (3) The owners and operators and, to the extent applicable, the CAIR designated representative of a un… | ||||
| 40:40:23.0.1.1.1.20.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.206 Standard requirements. | EPA | (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: (i) Submit to the permitting authority a complete CAIR permit application under § 97.222 in accordance with the deadlines specified in § 97.221; and (ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a CAIR permit application and issue or deny a CAIR permit. (2) The owners and operators of each CAIR SO 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. (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. (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. (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. (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 … | ||||
| 40:40:23.0.1.1.1.20.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.207 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. (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. (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. | ||||
| 40:40:23.0.1.1.1.20.1.8 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | AAA | Subpart AAA—CAIR SO | § 97.208 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. | ||||
| 40:40:23.0.1.1.1.21.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.210 Authorization and responsibilities of CAIR designated representative. | EPA | (a) Except as provided under § 97.211, 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. (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 § 97.213(a)(4)(iv). (c) Upon receipt by the Administrator of a complete certificate of representation under § 97.213, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR SO 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. (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 § 97.213 for a CAIR designated representative of the source and the CAIR SO 2 units at the source. (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: “I am authorized to make this submission on behalf of the owners and operato… | ||||
| 40:40:23.0.1.1.1.21.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.211 Alternate CAIR designated representative. | EPA | (a) A certificate of representation under § 97.213 may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative. (b) Upon receipt by the Administrator of a complete certificate of representation under § 97.213, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative. (c) Except in this section and §§ 97.202, 97.210(a) and (d), 97.212, 97.213, 97.215, 97.251 and 97.282, whenever the term “CAIR designated representative” is used in subparts AAA through III of this part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative. | ||||
| 40:40:23.0.1.1.1.21.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.212 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators. | EPA | (a) Changing CAIR designated representative. The CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.213. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new CAIR designated representative and the owners and operators of the CAIR SO 2 source and the CAIR SO 2 units at the source. (b) Changing alternate CAIR designated representative. The alternate CAIR designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.213. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate CAIR designated representative and the owners and operators of the CAIR SO 2 source and the CAIR SO 2 units at the source. (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 § 97.213, 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. (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 ow… | ||||
| 40:40:23.0.1.1.1.21.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.213 Certificate of representation. | EPA | (a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the Administrator: (1) Identification of the CAIR SO 2 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. (2) The name, address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative. (3) A list of the owners and operators of the CAIR SO 2 source and of each CAIR SO 2 unit at the source. (4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative— (i) “I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR SO 2 unit at the source.” (ii) “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 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.” (iii) “I 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.” (iv) “Where 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 ‘CA… | ||||
| 40:40:23.0.1.1.1.21.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.214 Objections concerning CAIR designated representative. | EPA | (a) Once a complete certificate of representation under § 97.213 has been submitted and received, the permitting authority and the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.213 is received by the Administrator. (b) Except as provided in § 97.212(a) or (b), no objection or other communication submitted to the permitting authority or the Administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the permitting authority or the Administrator under the CAIR SO 2 Trading Program. (c) Neither the permitting authority nor the Administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR SO 2 allowance transfers. | ||||
| 40:40:23.0.1.1.1.21.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | BBB | Subpart BBB—CAIR Designated Representative for CAIR SO | § 97.215 Delegation by CAIR designated representative and alternate CAIR designated representative. | EPA | (a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this part. (c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements: (1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative; (2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an “agent”); (3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and (4) The following certification statements by such CAIR designated representative or alternate CAIR designated representative: (i) “I agree that any electronic submission to the Administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.215(d) shall be deemed to be an electronic submission by me.” (ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.215(d), I agree to maint… | ||||
| 40:40:23.0.1.1.1.22.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CCC | Subpart CCC—Permits | § 97.220 General CAIR SO | EPA | (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 § 97.205, this subpart, and subpart III of this part. (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. | ||||
| 40:40:23.0.1.1.1.22.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CCC | Subpart CCC—Permits | § 97.221 Submission of CAIR permit applications. | EPA | (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 § 97.222 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 § 97.283(a). (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 § 97.222 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 § 97.283(b). | ||||
| 40:40:23.0.1.1.1.22.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CCC | Subpart CCC—Permits | § 97.222 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: (a) Identification of the CAIR SO 2 source; (b) Identification of each CAIR SO 2 unit at the CAIR SO 2 source; and (c) The standard requirements under § 97.206. | ||||
| 40:40:23.0.1.1.1.22.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CCC | Subpart CCC—Permits | § 97.223 CAIR permit contents and term. | EPA | (a) Each CAIR permit will contain, in a format prescribed by the permitting authority, all lements required for a complete CAIR permit application under § 97.222. (b) Each CAIR permit is deemed to incorporate automatically the definitions of terms under § 97.202 and, upon recordation by the Administrator under subpart FFF, GGG, or III of this part, every allocation, transfer, or deduction of a CAIR SO 2 allowance to or from the compliance account of the CAIR SO 2 source covered by the permit. (c) The term of the CAIR permit will be set by the permitting authority, as necessary to facilitate coordination of the renewal of the CAIR permit with issuance, revision, or renewal of the CAIR SO 2 source's title V operating permit or other federally enforceable permit as applicable. | ||||
| 40:40:23.0.1.1.1.22.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | CCC | Subpart CCC—Permits | § 97.224 CAIR permit revisions. | EPA | Except as provided in § 97.223(b), the permitting authority will revise the CAIR permit, as necessary, in accordance with the permitting authority's title V operating permits regulations or the permitting authority's regulations for other federally enforceable permits as applicable addressing permit revisions. | ||||
| 40:40:23.0.1.1.1.24.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.250 [Reserved] | EPA | |||||
| 40:40:23.0.1.1.1.24.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.251 Establishment of accounts. | EPA | (a) Compliance accounts. Except as provided in § 97.284(e), upon receipt of a complete certificate of representation under § 97.213, the Administrator will establish a compliance account for the CAIR SO 2 source for which the certificate of representation was submitted, unless the source already has a compliance account. (b) General accounts —(1) Application for general account. (i) Any person may apply to open a general account for the purpose of holding and transferring CAIR 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. (ii) A complete application for a general account shall be submitted to the Administrator and shall include the following elements in a format prescribed by the Administrator: (A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the CAIR authorized account representative and any alternate CAIR authorized account representative; (B) Organization name and type of organization, if applicable; (C) A list of all persons subject to a binding agreement for the CAIR authorized account representative and any alternate CAIR authorized account representative to represent their ownership interest with respect to the CAIR SO 2 allowances held in the general account; (D) The following certification statement by the CAIR authorized account representative and any alternate CAIR authorized account representative: “I certify that I was selected as the CAIR authorized account representative or the alternate CAIR authorized account representative, as applicable, by an agreement that is … | ||||
| 40:40:23.0.1.1.1.24.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.252 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. | ||||
| 40:40:23.0.1.1.1.24.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.253 Recordation of CAIR SO | EPA | (a)(1) After a compliance account is established under § 97.251(a) or § 73.31(a) or (b) of this chapter, the Administrator will record in the compliance account any CAIR SO 2 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. (2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 97.254(b), the Administrator will record in the compliance account any CAIR SO 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. (b)(1) After a general account is established under § 97.251(b) or § 73.31(c) of this chapter, the Administrator will record in the general account any CAIR SO 2 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. (2) In 2011 and each year thereafter, after Administrator has completed all deductions under § 97.254(b), the Administrator will record in the general account any CAIR SO 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. (c) Serial numbers for allocated … | ||||
| 40:40:23.0.1.1.1.24.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.254 Compliance with CAIR SO | EPA | (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: (1) Were allocated for the control period in the year or a prior year; and (2) Are held in the compliance account as of the allowance transfer deadline for the control period or are transferred into the compliance account by a CAIR SO 2 allowance transfer correctly submitted for recordation under §§ 97.260 and 97.261 by the allowance transfer deadline for the control period. (b) Deductions for compliance. Following the recordation, in accordance with § 97.261, 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: (1) For a CAIR SO 2 source subject to an Acid Rain emissions limitation, the Administrator will, in the following order: (i) Deduct the amount of CAIR SO 2 allowances, available under paragraph (a) of this section and not issued by a permitting authority under § 97.288, that is required under §§ 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 §§ 73.35(b) and (c) of this chapter. (ii) Deduct the amount of CAIR SO 2 allowances, not issued by a permitting authority under § 97.288, that is required under §§ 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 §§ 73.35(d) and 77.5 of this chapter. (iii) Treating the CAIR SO 2 allowances deducted under paragraph (b)(1)(i) of this section as also bein… | ||||
| 40:40:23.0.1.1.1.24.1.6 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.255 Banking. | EPA | (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. (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 § 97.254, § 97.256, or subpart GGG or III of this part. | ||||
| 40:40:23.0.1.1.1.24.1.7 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.256 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. | ||||
| 40:40:23.0.1.1.1.24.1.8 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | FFF | Subpart FFF—CAIR SO | § 97.257 Closing of general accounts. | EPA | (a) The CAIR authorized account representative of a general account may submit to the Administrator a request to close the account, which shall include a correctly submitted allowance transfer under §§ 97.260 and 97.261 for any CAIR SO 2 allowances in the account to one or more other CAIR SO 2 Allowance Tracking System accounts. (b) If a general account has no allowance transfers in or out of the account for a 12-month period or longer and does not contain any CAIR 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 §§ 97.260 and 97.261 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. | ||||
| 40:40:23.0.1.1.1.25.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GGG | Subpart GGG—CAIR SO | § 97.260 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: (1) The account numbers of both the transferor and transferee accounts; (2) The serial number of each CAIR SO 2 allowance that is in the transferor account and is to be transferred; and (3) The name and signature of the CAIR authorized account representatives of the transferor and transferee accounts and the dates signed. (b)(1) The CAIR authorized account representative for the transferee account can meet the requirements in paragraph (a)(3) of this section by submitting, in a format prescribed by the Administrator, a statement signed by the CAIR authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the Administrator receives such statement, is authorized. Such authorization shall be binding on any CAIR authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the Administrator receives a statement signed by the CAIR authorized account representative retracting the authorization for the account. (2) The statement under paragraph (b)(1) of this section shall include the following: “By this signature I authorize any transfer of allowances into each account listed herein, except that I do not waive any remedies under State or Federal law to obtain correction of any erroneous transfers into such accounts. This authorization shall be binding on any CAIR authorized account representative for such account unless and until a statement signed by the CAIR authorized account representative retracting this authorization for the account is received by the Administrator.” | ||||
| 40:40:23.0.1.1.1.25.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GGG | Subpart GGG—CAIR SO | § 97.261 EPA recordation. | EPA | (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: (1) The transfer is correctly submitted under § 97.260; (2) The transferor account includes each CAIR SO 2 allowance identified by serial number in the transfer; and (3) The transfer is in accordance with the limitation on transfer under § 74.42 of this chapter and § 74.47(c) of this chapter, as applicable. (b) A CAIR SO 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 § 97.254 for the control period immediately before such allowance transfer deadline. (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. | ||||
| 40:40:23.0.1.1.1.25.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | GGG | Subpart GGG—CAIR SO | § 97.262 Notification. | EPA | (a) Notification of recordation. Within 5 business days of recordation of a CAIR SO 2 allowance transfer under § 97.261, the Administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts. (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 § 97.261(a), the Administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of: (1) A decision not to record the transfer, and (2) The reasons for such non-recordation. (c) Nothing in this section shall preclude the submission of a CAIR SO 2 allowance transfer for recordation following notification of non-recordation. | ||||
| 40:40:23.0.1.1.1.26.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HHH | Subpart HHH—Monitoring and Reporting | § 97.270 General requirements. | EPA | 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 § 97.202 and in § 72.2 of this chapter shall apply, and the terms “affected unit,” “designated representative,” and “continuous emission monitoring system” (or “CEMS”) in part 75 of this chapter shall be deemed to refer to the terms “CAIR SO 2 unit,” “CAIR designated representative,” and “continuous emission monitoring system” or (“CEMS”) respectively, as defined in § 97.202. The owner or operator of a unit that is not a CAIR SO 2 unit but that is monitored under § 75.16(b)(2) of this chapter shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR SO 2 unit. (a) Requirements for installation, certification, and data accounting. The owner or operator of each CAIR SO 2 unit shall: (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 §§ 75.11 and 75.16 of this chapter); (2) Successfully complete all certification tests required under § 97.271 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and (3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section. (b) Compliance deadlines. Except as provided in paragraph (e) of this section, the owner or operator shall meet the monitoring system certification and other requirements of paragraphs (a)(1) and (2) of this section on or before the following dates. The owner or … | ||||
| 40:40:23.0.1.1.1.26.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HHH | Subpart HHH—Monitoring and Reporting | § 97.271 Initial certification and recertification procedures. | EPA | (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 § 97.270(a)(1) if the following conditions are met: (1) The monitoring system has been previously certified in accordance with part 75 of this chapter; and (2) The applicable quality-assurance and quality-control requirements of § 75.21 of this chapter and appendix B and appendix D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section. (b) The recertification provisions of this section shall apply to a monitoring system under § 97.270(a)(1) exempt from initial certification requirements under paragraph (a) of this section. (c) [Reserved] (d) Except as provided in paragraph (a) of this section, the owner or operator of a CAIR SO 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 § 97.270(a)(1). The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under § 75.19 of this chapter or that qualifies to use an alternative monitoring system under subpart E of part 75 of this chapter shall comply with the procedures in paragraph (e) or (f) of this section respectively. (1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under § 97.270(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under § 75.20 of this chapter by the applicable deadline in § 97.270(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with §… | ||||
| 40:40:23.0.1.1.1.26.1.3 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HHH | Subpart HHH—Monitoring and Reporting | § 97.272 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 appendix D to part 75 of this chapter. (b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.271 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the permitting authority or the Administrator. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.271 for each disapproved monitoring system. | ||||
| 40:40:23.0.1.1.1.26.1.4 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HHH | Subpart HHH—Monitoring and Reporting | § 97.273 Notifications. | EPA | The CAIR designated representative for a CAIR SO 2 unit shall submit written notice to the Administrator in accordance with § 75.61 of this chapter. § 97.274 Recordkeeping and reporting. (a) General provisions. The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements in subparts F and G of part 75 of this chapter, and the requirements of § 97.210(e)(1). (b) Monitoring Plans. The owner or operator of a CAIR SO 2 unit shall comply with requirements of § 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, §§ 97.283 and 97.284(a). (c) Certification Applications. The CAIR designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.271, including the information required under § 75.63 of this chapter. (d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows: (1) The CAIR designated representative shall report the SO 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: (i) For a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009; (ii) For a unit that commences commercial operation on or after July 1, 2008, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.270(b), unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31, 2009; (iii) Notwithstanding paragraphs (d)(1)(i) and (ii) … | ||||
| 40:40:23.0.1.1.1.26.1.5 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | HHH | Subpart HHH—Monitoring and Reporting | § 97.275 Petitions. | EPA | The CAIR designated representative of a CAIR SO 2 unit may submit a petition under § 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. | ||||
| 40:40:23.0.1.1.1.27.1.1 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | III | Subpart III—CAIR SO | § 97.280 Applicability. | EPA | A CAIR SO 2 opt-in unit must be a unit that: (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.124(r)(1), (2), or (3) of this chapter establishing procedures concerning CAIR opt-in units; (b) Is not a CAIR SO 2 unit under § 97.204 and is not covered by a retired unit exemption under § 97.205 that is in effect; (c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect and is not an opt-in source under part 74 of this chapter; (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HH of this part. | ||||
| 40:40:23.0.1.1.1.27.1.2 | 40 | Protection of Environment | I | C | 97 | PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM | III | Subpart III—CAIR SO | § 97.281 General. | EPA | (a) Except as otherwise provided in §§ 97.201 through 97.204, §§ 97.206 through 97.208, and subparts BBB and CCC and subparts FFF through HHH of this part, a CAIR SO 2 opt-in unit shall be treated as a CAIR SO 2 unit for purposes of applying such sections and subparts of this part. (b) Solely for purposes of applying, as provided in this subpart, the requirements of subpart 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. |
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