### 45391 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules Annual Trading Program concerning any control periods for which the unit is a TR NO X Annual opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a written disapproval of the request to withdraw. The unit covered by the request shall continue to be a TR NO X Annual opt-in unit.

(d) Reapplication upon failure to meet conditions of withdrawal. If the Administrator disapproves the request to withdraw, the designated representative of the unit may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section.

(e) Ability to reapply to the TR NO X Annual Trading Program. Once a TR NO X Annual opt-in unit withdraws from the TR NO X Annual Trading Program, the designated representative may not submit another opt-in application under § 97.441 for such unit before the date that is 4 years after the date on which the withdrawal became effective. **§ 97.443 Change in regulatory status.**

(a) Notification. If a TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404, then the designated representative of the unit shall notify the Administrator in writing of such change in the TR NO X Annual opt-in unit’s regulatory status, within 30 days of such change.

(b) Administrator’s actions. (1) If a TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404, the Administrator will deduct, from the compliance account of the source that includes the TR NO X Annual opt-in unit that becomes a TR NO X Annual unit under § 97.404, TR NO X Annual allowances equal in amount to and allocated for the same or a prior control period as:

(i) Any TR NO X Annual allowances allocated to the TR NO X Annual opt-in unit under § 97.444 for any control period starting after the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404; and

(ii) If the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404 is not December 31, the TR NO X Annual allowances allocated to the TR NO X Annual opt-in unit under § 97.444 for the control period that includes the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404— (A) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404, divided by the total number of days in the control period, and

(B) Rounded to the nearest allowance. (2) The designated representative shall ensure that the compliance account of the source that includes the TR NO X Annual opt-in unit that becomes a TR NO X Annual unit under § 97.404 contains the TR NO X Annual allowances necessary for completion of the deduction under paragraph (b)(1) of this section.

(3)(i) For control periods starting after the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404, the TR NO X Annual opt-in unit will be allocated TR NO X Annual allowances in accordance with § 97.412.

(ii) If the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404 is not December 31, the following amount of TR NO X Annual allowances will be allocated to the TR NO X Annual opt-in unit (as a TR NO X Annual unit) in accordance with § 97.412 for the control period that includes the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404:

(A) The amount of TR NO X Annual allowances otherwise allocated to the TR NO X Annual opt-in unit (as a TR NO X Annual unit) in accordance with § 97.412 for the control period;

(B) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR NO X Annual opt-in unit becomes a TR NO X Annual unit under § 97.404, divided by the total number of days in the control period; and (C) Rounded to the nearest allowance. **§ 97.444 TR NO** X **Annual allowance allocations to TR NO**  X **Annual opt-in units.**

(a) Timing requirements. (1) When the TR opt-in application is approved for a unit under § 97.441(g), the Administrator will issue TR NO X Annual allowances and allocate them to the unit for the control period in which the unit enters the TR NO X Annual Trading Program under § 97.441(h), in accordance with paragraph (b) of this section.

(2) By no later than October 31 of the control period after the control period in which a TR NO X Annual opt-in unit enters the TR NO X Annual Trading Program under § 97.441(h) and October 31 of each year thereafter, the Administrator will issue TR NO X Annual allowances and allocate them to the TR NO X Annual opt-in unit for the control period that includes such allocation deadline and in which the unit is a TR NO X Annual opt-in unit, in accordance with paragraph (b) of this section.

(b) Calculation of allocation. For each control period for which a TR NO X Annual opt-in unit is to be allocated TR NO X Annual allowances, the Administrator will issue and allocate TR NO X Annual allowances in accordance with the following procedures:

(1) The heat input (in mmBtu) used for calculating the TR NO X Annual allowance allocation will be the lesser of:

(i) The TR NO X Annual opt-in unit’s baseline heat input determined under § 97.441(g); or

(ii) The TR NO X Annual opt-in unit’s heat input, as determined in accordance with §§ 97.430 through 97.435, for the immediately prior control period, except when the allocation is being calculated for the control period in which the TR NO X Annual opt-in unit enters the TR NO X Annual Trading Program under § 97.441(h).

(2) The NO X emission rate (in lb/ mmBtu) used for calculating TR NO X Annual allowance allocations will be the lesser of:

(i) The TR NO X Annual opt-in unit’s baseline NO X emission rate (in lb/ mmBtu) determined under § 97.441(g) and multiplied by 70 percent; or

(ii) The most stringent State or Federal NO X emissions limitation applicable to the TR NO X Annual optin unit at any time during the control period for which TR NO X Annual allowances are to be allocated.

(3) The Administrator will issue TR NO X Annual allowances and allocate them to the TR NO X Annual opt-in unit in an amount equaling the heat input under paragraph (b)(1) of this section, multiplied by the NO X emission rate under paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded to the nearest allowance.

(c) Recordation. (1) The Administrator will record, in the compliance account of the source that includes the TR NO X Annual opt-in unit, the TR NO X Annual allowances allocated to the TR NO X Annual opt-in unit under paragraph (a)(1) of this section.

(2) By December 1 of the control period after the control period in which a TR NO X Annual opt-in unit enters the TR NO X Annual Trading Program under § 97.441(h) and December 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the TR NO X Annual opt-in unit, the TR NO X Annual allowances allocated to the TR NO X


### 45392 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules Annual opt-in unit under paragraph (a)(2) of this section.

36. Part 97 is amended by adding subpart BBBBB to read as follows: **Subpart BBBBB—TR NO** X **Ozone Season Trading Program**  Sec. 97.501 Purpose. 97.502 Definitions. 97.503 Measurements, abbreviations, and acronyms. 97.504 Applicability. 97.505 Retired unit exemption. 97.506 Standard requirements. 97.507 Computation of time. 97.508 Administrative appeal procedures. 97.509 [Reserved] 97.510 State NO X Ozone Season trading budgets, new-unit set-asides, and variability limits. 97.511 Timing requirements for TR NO X Ozone Season allowance allocations. 97.512 TR NO X Ozone Season allowance allocations for new units. 97.513 Authorization of designated representative and alternate designated representative. 97.514 Responsibilities of designated representative and alternate designated representative. 97.515 Changing designated representative and alternate designated representative; changes in owners and operators. 97.516 Certificate of representation. 97.517 Objections concerning designated representative and alternate designated representative. 97.518 Delegation by designated representative and alternate designated representative. 97.519 [Reserved] 97.520 Establishment of Allowance Management System accounts. 97.521 Recordation of TR NO X Ozone Season allowance allocations. 97.522 Submission of TR NO X Ozone Season allowance transfers. 97.523 Recordation of TR NO X Ozone Season allowance transfers. 97.524 Compliance with TR NO X Ozone Season emissions limitation. 97.525 Compliance with TR NO X Ozone Season assurance provisions. 97.526 Banking. 97.527 Account error. 97.528 Administrator’s action on submissions. 97.529 [Reserved] 97.530 General monitoring, recordkeeping, and reporting requirements. 97.531 Initial monitoring system certification and recertification procedures. 97.532 Monitoring system out-of-control periods. 97.533 Notifications concerning monitoring. 97.534 Recordkeeping and reporting. 97.535 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. 97.540 General requirements for TR NO X Ozone Season opt-in units. 97.541 Opt-in process. 97.542 Withdrawal of TR NO X Ozone Season opt-in unit from TR NO X Ozone Season Trading Program. 97.543 Change in regulatory status. 97.544 TR NO X Ozone Season allowance allocations to TR NO X Ozone Season optin units. **Subpart BBBBB—TR NO** X **Ozone Season Trading Program**  **§ 97.501 Purpose.**

This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Transport Rule (TR) NO X Ozone Season Trading Program, under section 110 of the Clean Air Act and § 52.37(b) of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. **§ 97.502 Definitions.**

The terms used in this subpart shall have the meanings set forth in this section as follows:

Acid Rain Program means a multistate SO 2 and NO X air pollution control and emission reduction program established by the Administrator under title IV of the Clean Air Act and parts 72 through 78 of this chapter.

Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.

Allocate or allocation means, with regard to TR NO X Ozone Season allowances, the determination by the Administrator of the amount of such TR NO X Ozone Season allowances to be initially credited to a TR NO X Ozone Season source or a new unit set-aside.

Allowable NO X emission rate means, with regard to a unit, the NO X emission rate limit that is applicable to the unit and covers the longest averaging period not exceeding one year.

Allowance Management System means the system by which the Administrator records allocations, deductions, and transfers of TR NO X Ozone Season allowances under the TR NO X Ozone Season Trading Program. Such allowances are allocated, held, deducted, or transferred only as whole allowances. The Allowance Management System is a component of the CAMD Business System, which is the system used by the Administrator to handle TR NO X Ozone Season allowances and data related to NO X emissions.

Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, holding, transfer, or deduction of TR NO X Ozone Season allowances.

Allowance transfer deadline means, for a control period, midnight of December 1 (if it is a business day), or midnight of the first business day thereafter (if December 1 is not a business day), immediately after such control period and is the deadline by which a TR NO X Ozone Season allowance transfer must be submitted for recordation in a TR NO X Ozone Season source’s compliance account in order to be available for use in complying with the source’s TR NO X Ozone Season emissions limitation for such control period in accordance with § 97.524.

Alternate designated representative means, for a TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to act on behalf of the designated representative in matters pertaining to the TR NO X Ozone Season Trading Program. If the TR NO X Ozone Season source is also subject to the Acid Rain Program, TR NO X Annual Trading Program, TR SO 2 Group 1 Trading Program, or TR SO 2 Group 2 Trading Program, then this natural person shall be the same natural person as the alternate designated representative as defined in § 72.2 of this chapter, § 97.402, § 97.602, or § 97.702 respectively.

Authorized account representative means, with regard to a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of TR NO X Ozone Season allowances held in the general account and, with regard to a TR NO X Ozone Season source’s compliance account, the designated representative of the source.

Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.

Biomass means— (1) Any organic material grown for the purpose of being converted to energy;


### 45393 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (2) Any organic byproduct of agriculture that can be converted into energy; or

(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is;

(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or

(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.

Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

Certifying official means a natural person who is:

(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation;

(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or

(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.

Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.

Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.

Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

Coal-fired means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during 1990 or any year thereafter.

Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a steam turbine generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.

Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine—

(1) Operating as part of a cogeneration system; and

(2) Producing during the later of 1990 or the 12-month period starting on the date that the unit first produces electricity and during each calendar year after the later of 1990 or the calendar year in which the unit first produces electricity—

(i) For a topping-cycle unit, (A) Useful thermal energy not less than 5 percent of total energy output; and

(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.

(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and

(4) Provided that, if a topping-cycle unit is operated as part of a cogeneration system during a calendar year and thecogeneration system meets on a systemwide basis the requirement in paragraph(2)(i)(B) of this definition, the toppingcycle unit shall be deemed to meet such requirement during that calendar year.

Combustion turbine means an enclosed device comprising:

(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.

Commence commercial operation means, with regard to a unit:

(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.505.

(i) For a unit that is a TR NO X Ozone Season unit under § 97.504 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit that is a TR NO X Ozone Season unit under § 97.504 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.505, for a unit that is not a TR NO X Ozone Season unit under § 97.504 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in introductory text of paragraph (1) of this definition, the unit’s date for commencement of commercial operation shall be the date on which the unit becomes a TR NO X Ozone Season unit under § 97.504.

(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

Commence operation means, with regard to a unit:

(1) To have begun any mechanical, chemical, or electronic process, including start-up of the unit’s combustion chamber.

(2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source)


### 45394 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.

(3) For a unit that is replaced by a unit at the same source after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1), (2), or (3) of this definition as appropriate.

Common stack means a single flue through which emissions from 2 or more units are exhausted.

Compliance account means an Allowance Management System account, established by the Administrator for a TR NO X Ozone Season source under this subpart, in which any TR NO X Ozone Season allowance allocations for the TR NO X Ozone Season units at the source are recorded and in which are held any TR NO X Ozone Season allowances available for use for a control period in complying with the source’s TR NO X Ozone Season emissions limitation in accordance with § 97.524 and the TR NO X Ozone Season assurance provisions in accordance with § 97.525.

Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of NO X emissions, stack gas volumetric flow rate, stack gas moisture content, and O 2 or CO 2 concentration (as applicable), in a manner consistent with part 75 of this chapter and §§ 97.530 through 97.535. The following systems are the principal types of continuous emission monitoring systems:

(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);

(2) A NO X concentration monitoring system, consisting of a NO X pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of NO X emissions, in parts per million (ppm);

(3) A NO X emission rate (or NO X diluent) monitoring system, consisting of a NO X pollutant concentration monitor, a diluent gas (CO 2 or O 2 ) monitor, and an automated data acquisition and handling system and providing a permanent, continuous record of NO X concentration, in parts per million (ppm), diluent gas concentration, in percent CO 2 or O 2 , and NO X emission rate, in pounds per million British thermal units (lb/ mmBtu);

(4) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 O;

(5) A CO 2 monitoring system, consisting of a CO 2 pollutant concentration monitor (or an O 2 monitor plus suitable mathematical equations from which the CO 2 concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO 2 emissions, in percent CO 2 ; and

(6) An O 2 monitoring system, consisting of an O 2 concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O 2 , in percent O 2 .

Control period means the period starting May 1 of a calendar year, except as provided in § 97.506(c)(3), and ending on September 30 of the same year, inclusive.

Designated representative means, for a TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to represent and legally bind each owner and operator in matters pertaining to the TR NO X Ozone Season Trading Program. If the TR NO X Ozone Season source is also subject to the Acid Rain Program, TR NO X Annual Trading Program, TR SO 2 Group 1 Trading Program, or TR SO 2 Group 2 Trading Program, then this natural person shall be the same natural person as the designated representative, as defined in § 72.2 of this chapter, § 97.402, § 97.602, or § 97.702 respectively.

Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart.

Excess emissions means any ton of NO X emitted from the TR NO X Ozone Season units at a TR NO X Ozone Season source during a control period that exceeds the TR NO X Ozone Season emissions limitation for the source. Fossil fuel means— (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or

(2) For purposes of applying §§ 97.504(b)(2)(i)(B), 97.504(b)(2)(ii)(B), and 97.504(b)(2)(iii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 1990 or any calendar year thereafter.

Fuel oil means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state.

General account means an Allowance Management System account, established under this subpart, that is not a compliance account.

Generator means a device that produces electricity.

Gross electrical output means, with regard to a unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Heat input means, with regard to a unit for a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in mmBtu/lb) multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.

Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:

(1) For the life of the unit;


### 45395 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
(2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.

Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.

Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.

Newly affected TR NO X Ozone Season unit means a unit that was not a TR NO X Ozone Season unit when it began operating but that thereafter becomes a TR NO X Ozone Season unit.

Operate or operation means, with regard to a unit, to combust fuel.

Operator means any person who operates, controls, or supervises a TR NO X Ozone Season unit or a TR NO X Ozone Season source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

Owner means, with regard to a TR NO X Ozone Season source or a TR NO X Ozone Season unit at a source respectively, any of the following persons:

(1) Any holder of any portion of the legal or equitable title in a TR NO X Ozone Season unit at the source or the TR NO X Ozone Season unit;

(2) Any holder of a leasehold interest in a TR NO X Ozone Season unit at the source or the TR NO X Ozone Season unit, provided that, unless expressly provided for in a leasehold agreement,
‘‘ owner ’’ shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such TR NO X Ozone Season unit;

(3) Any purchaser of power from a TR NO X Ozone Season unit at the source or the TR NO X Ozone Season unit under a life-of-the-unit, firm power contractual arrangement;

(4) Provided that, for purposes of applying the TR NO X Ozone Season assurance provisions in §§ 97.506(c)(2) and 97.525, if one or more owners (as defined in paragraphs (1) through (3) of this definition) of one or more TR NO X Ozone Season units in a State are wholly owned by another, common owner, all such owners shall be treated collectively as a single owner in the State.

Owner’s assurance level means: (1) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.506(c)(2)(iii)(A) and not as described in § 97.506(c)(2)(iii)(B), the owner’s share of the State NO X Ozone Season trading budget with the one-year variability limit for the State for such control period; or

(2) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.506(c)(2)(iii)(B), the owner’s share of the State NO X Ozone Season trading budget with the three-year variability limit for the State for such control period.

Owner’s share means: (1) With regard to a total amount of NO X emissions from all TR NO X Ozone Season units in a State during a control period, the total tonnage of NO X emissions during such control period from all of the owner’s TR NO X Ozone Season units in the State;

(2) With regard to a State NO X Ozone Season trading budget with a one-year variability limit for a control period, the amount (rounded to the nearest allowance) equal to the total amount of TR NO X Ozone Season allowances allocated for such control period to all of the owner’s TR NO X Ozone Season units in the State, multiplied by the sum of the State NO X Ozone Season trading budget under § 97.510(a) and the State’s one-year variability limit under § 97.510(b) and divided by such State NO X Ozone Season trading budget;

(3) With regard to a State NO X Ozone Season trading budget with a three-year variability limit for a control period, the amount (rounded to the nearest allowance) equal to the total amount of TR NO X Ozone Season allowances allocated for such control period to all of the owner’s TR NO X Ozone Season units in the State, multiplied by the sum of the State NO X Ozone Season trading budget under § 97.510(a) and the State’s three-year variability limit under § 97.510(b) and divided by such State NO X Ozone Season trading budget;

(4) Provided that, in the case of a unit with more than one owner, the amount of tonnage of NO X emissions and of TR NO X Ozone Season allowances allocated for a control period, with regard to such unit, used in determining each owner’s share shall be the amount (rounded to the nearest ton and the nearest allowance) equal to the unit’s NO X emissions and allocation of such allowances, respectively, for such control period multiplied by the percentage of ownership in the unit that the owner’s legal, equitable, leasehold, or contractual reservation or entitlement in the unit comprises as of September 30 of such control period;

(5) Provided that, where two or more units emit through a common stack that is the monitoring location from which NO X mass emissions are reported for a control period for a year, the amount of tonnage of each unit’s NO X emissions used in determining each owner’s share for such control period shall be:

(i) The amount (rounded to the nearest ton) of NO X emissions reported at the common stack multiplied by the quotient of such unit’s heat input for such control period divided by the total heat input reported from the common stack for such control period;

(ii) An amount determined in accordance with a methodology that the Administrator determines is consistent with the purposes of this definition and whose adverse effect (if any) the Administrator determines will be de minimis; or

(iii) An amount approved by the Administrator in response to a petition for an alternative requirement submitted in accordance with § 97.535; and

(6) Provided that, in the case of a unit that operates during, but is allocated no TR NO X Ozone Season allowances for, a control period, the unit shall be treated, solely for purposes of this definition, as being allocated an amount (rounded to the nearest allowance) of TR NO X Ozone Season allowances for such control period equal to the lesser of—


### 45396 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
(i) The unit’s allowable NO X emission rate (in lb per MWe) applicable to such control period, multiplied by a capacity factor of 0.89 (if the unit is a coal-fired boiler), 0.22 (if the unit is a simple combustion turbine), or 0.72 (if the unit is a combined cycle turbine), multiplied by the unit’s maximum hourly load as reported in accordance with this subpart and by 3,672 hours/control period, and divided by 2,000 lb/ton; or

(ii) For a unit listed in appendix A to this subpart, the sum of the unit’s NO X emissions in the control period in the last three years during which the unit operated during the control period, divided by three.

Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.

Permitting authority means ‘‘ permitting authority ’’ as defined in §§ 70.2 and 71.2 of this chapter.

Potential electrical output capacity means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/ kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.

Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.

Recordation, record, or recorded means, with regard to TR NO X Ozone Season allowances, the moving of TR NO X Ozone Season allowances by the Administrator into, out of, or between Allowance Management System accounts, for purposes of allocation, transfer, or deduction.

Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.

Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).

Sequential use of energy means: (1) For a topping-cycle unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(2) For a bottoming-cycle unit, the use of reject heat from useful thermal energy application or process in electricity production.

Serial number means, for a TR NO X Ozone Season allowance, the unique identification number assigned to each TR NO X Ozone Season allowance by the Administrator.

Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a ‘‘ solid waste incineration unit ’’ as defined in section 129(g)(1) of the Clean Air Act.

Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of ‘‘ major source ’’ , ‘‘ stationary source ’’ , or ‘‘ source ’’ as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.

State means one of the States or the District of Columbia that is subject to the TR NO X Ozone Season Trading Program pursuant to § 52.37(b) of this chapter.

Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery;

(4) Provided that compliance with any
‘‘ submission ’’ or ‘‘ service ’’ deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

Total energy input means total energy of all forms supplied to a unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows: LHV = HHV ¥ 10.55 (W + 9H) Where: LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output means the sum of useful power and useful thermal energy produced by the unit.

TR NO X Annual Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in accordance with subpart AAAAA of this part and 52.37(a) of this chapter, as a means of mitigating interstate transport of fine particulates and NO X.

TR NO X Ozone Season allowance means a limited authorization issued and allocated by the Administrator under this subpart to emit one ton of NO X during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the TR NO X Ozone Season Program.

TR NO X Ozone Season allowance deduction or deduct TR NO X Ozone Season allowances means the permanent withdrawal of TR NO X Ozone Season allowances by the Administrator from a compliance account, e.g., in order to account for compliance with the TR NO X Ozone Season emissions limitation or assurance provisions.

TR NO X Ozone Season allowances held or hold TR NO X Ozone Season allowances means the TR NO X Ozone Season allowances treated as included in an Allowance Management System account as of a specified point in time because at that time they:

(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, TR NO X Ozone Season allowance transfer in accordance with this subpart; and

(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, TR NO X Ozone Season allowance transfer in accordance with this subpart.

TR NO X Ozone Season emissions limitation means, for a TR NO X Ozone Season source, the tonnage of NO X emissions authorized in a control period by the TR NO X Ozone Season allowances available for deduction for the source under § 97.524(a) for such control period.

TR NO X Ozone Season Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in accordance with this subpart and 52.37(b) of this chapter, as a means of mitigating interstate transport of ozone and NO X.

TR NO X Ozone Season source means a source that includes one or more TR NO X Ozone Season units.


### 45397 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules

TR NO X Ozone Season unit means a unit that is subject to the TR NO X Ozone Season Trading Program under § 97.504.

TR SO 2 Group 1 Trading Program means a multi-state SO 2 air pollution control and emission reduction program established by the Administrator in accordance with subpart CCCCC of this part and 52.38(b) of this chapter, as a means of mitigating interstate transport of fine particulates and SO 2.

TR SO 2 Group 2 Trading Program means a multi-state SO 2 air pollution control and emission reduction program established by the Administrator in accordance with subpart DDDDD of this part and 52.38(c) of this chapter, as a means of mitigating interstate transport of fine particulates and SO 2.

Unit means a stationary, fossil-fuelfired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device.

Unit operating day means a calendar day in which a unit combusts any fuel.

Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.

Useful power means electricity or mechanical energy that a unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Useful thermal energy means thermal energy that is:

(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(2) Used in a heating application (e.g., space heating or domestic hot water heating); or

(3) Used in a space cooling application (i.e., in an absorption chiller).

Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. **§ 97.503 Measurements, abbreviations, and acronyms.** 

Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 —carbon dioxide H 2 O—water 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 **§ 97.504 Applicability.**

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

(1) The following units in a State shall be TR NO X Ozone Season units, and any source that includes one or more such units shall be a TR NO X Ozone Season source, subject to the requirements ofthis subpart: Any stationary, fossil-fuelfired boiler or stationary, fossil-fuelfired 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 TR NO X Ozone Season 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 TR NO X Ozone Season 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) Any unit in a State that otherwise is a TR NO X Ozone Season unit under paragraph (a) of this section and that meets the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be a TR NO X Ozone Season unit:

(1)(i) Any unit: (A) Qualifying as a cogeneration unit during the later of 1990 or 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 thelater of November 15, 1990 or the startup 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 later of 1990 or the 12- month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets such qualification and requirements, the unit shall become a TR NO X Ozone Season unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (b)(1)(i)(B) of this section.

(2)(i) Any unit commencing operation before January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average Ozone Season fuel consumption of fossil fuel for 1985– 1987 less than 20 percent (on a Btu basis) and an average Ozone Season fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(ii) Any unit commencing operation on or after January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average Ozone Season fuel consumption of fossil fuel for the first 3 calendar years of operation less than 20 percent (on a Btu basis) and an average Ozone Season fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(iii) If a unit qualifies as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets such qualification and requirements, the unit shall become a TR NO X Ozone Season unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average Ozone Season fuel consumption of fossil fuel of 20 percent or more.

(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR NO X Ozone Season Trading Program to the unit or other equipment.

(1) Petition content. The petition shall be in writing and include the identification of the unit or other


### 45398 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(2) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR NO X Ozone Season Trading Program to the unit or other equipment shall be binding on any permitting authority unless the Administrator determines that the petition or other documents or information provided in connection with the petition contained significant, relevant errors or omissions. **§ 97.505 Retired unit exemption.**

(a)(1) Any TR NO X Ozone Season unit that is permanently retired and is not a TR NO X Ozone Season opt-in unit shall be exempt from § 97.506(b) and (c)(1), § 97.524, and §§ 97.530 through 97.535.

(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the TR NO X Ozone Season unit is permanently retired. Within 30 days of the unit’s permanent retirement, the designated representative shall submit a statement to the Administrator. The statement shall state, in a format prescribed by the Administrator, that the unit was permanently retired on a specified date and will comply with the requirements of paragraph (b) of this section.

(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any NO X , 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 Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the TR NO X Ozone Season Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. **§ 97.506 Standard requirements.**

(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.513 through 97.518.

(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source shall comply with the monitoring, reporting, and recordkeeping requirements of §§ 97.530 through 97.535.

(2) The emissions data determined in accordance with §§ 97.530 through 97.535 shall be used to calculate allocations of TR NO X Ozone Season allowances under §§ 97.511(a)(2) and (b) and 97.512 and to determine compliance with the TR NO X Ozone Season emissions limitation and assurance provisions under paragraph (c) of this section, provided that, for each monitoring location from which mass emissions are reported, the mass emissions amount used in calculating such allocations and determining such compliance shall be the mass emissions amount for the monitoring location determined in accordance with §§ 97.530 through 97.535 and rounded to the nearest ton, with any fraction of a ton less than 0.50 being deemed to be zero.

(c) NO X emissions requirements —(1) TR NO X Ozone Season emissions limitation. (i) As of the allowance transfer deadline for a control period, the owners and operators of each TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source shall hold, in the source’s compliance account, TR NO X Ozone Season allowances available for deduction for such control period under § 97.524(a) in an amount not less than the tons of total NO X emissions for such control period from all TR NO X Ozone Season units at the source.

(ii) If a TR NO X Ozone Season source emits NO X during any control period in excess of the TR NO X Ozone Season emissions limitation set forth in paragraph (c)(1)(i) of this section, then:

(A) The owners and operators of the source and each TR NO X Ozone Season unit at the source shall hold the TR NO X Ozone Season allowances required for deduction under § 97.524(d) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act; and

(B) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(2) TR NO X Ozone Season assurance provisions. (i) If the total amount of NO X emissions from all TR NO X Ozone Season units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level as described in paragraph (c)(2)(iii) of this section, then each owner whose share of such NO X emissions during such control period exceeds the owner’s assurance level for the State and such control period shall hold, in a compliance account designated by the owner in accordance with § 97.525(b)(4)(ii), TR NO X Ozone Season allowances available for deduction for such control period under § 97.525(a) in an amount equal to the product, as determined by the Administrator in accordance with § 97.525(b), of multiplying—

(A) The quotient (rounded to the nearest whole number) of the amount by which the owner’s share of such NO X emissions exceeds the owner’s assurance level divided by the sum of the amounts, determined for all such owners, by which each owner’s share of such NO X emissions exceeds that owner’s assurance level; and

(B) The amount by which total NO X emissions for all TR NO X Ozone Season


### 45399 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules units in the State for such control period exceed the State assurance level as determined in accordance with paragraph (c)(2)(iii) of this section.

(ii) The owner shall hold the TR NO X Ozone Season allowances required under paragraph (c)(2)(i) of this section, as of midnight of August 1 (if it is a business day), or midnight of the first business day thereafter (if August 1 is not a business day), immediately after such control period.

(iii) The total amount of NO X emissions from all TR NO X Ozone Season units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level:

(A) If such total amount of NO X emissions exceeds the sum, for such control period, of the State NO X Ozone Season trading budget and the State’s one-year variability limit under § 97.510(b); or

(B) If, with regard to a control period in 2016 or any year thereafter, the sum, divided by three, of such total amount of NO X emissions and the total amounts of NO X emissions from all TR NO X Ozone Season units in the State during the control periods in the immediately preceding two years exceeds the sum, for such control period, of the State NO X Ozone Season trading budget and the State’s three-year variability limit under § 97.510(b);

(C) Provided that the amount by which such total amount of NO X emissions exceeds the State assurance level shall be the greater of the amounts of the exceedance calculated under paragraph (c)(2)(iii)(A) of this section and under paragraph (c)(2)(iii)(B) of this section.

(iv) It shall not be a violation of this subpart or of the Clean Air Act if the total amount of NO X emissions from all TR NO X Ozone Season units in a State during a control period exceeds the State assurance level or if an owner’s share of total NO X emissions from the TR NO X Ozone Season units in a State during a control period exceeds the owner’s assurance level.

(v) To the extent an owner fails to hold TR NO X Ozone Season allowances for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section,

(A) The owner shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and

(B) Each TR NO X Ozone Season allowance that the owner fails to hold for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(3) Compliance periods. A TR NO X Ozone Season unit shall be subject to the requirements:

(i) Under paragraph (c)(1) of this section for the control period starting on the later of September 1, 2012 or the deadline for meeting the unit’s monitor certification requirements under § 97.530(b) and for each control period thereafter; and

(ii) Under paragraph (c)(2) of this section for the control period starting on the later of September 1, 2014 or the deadline for meeting the unit’s monitor certification requirements under § 97.530(b) and for each control period thereafter.

(4) Vintage of deducted allowances. A TR NO X Ozone Season allowance shall not be deducted, for compliance with the requirements under paragraphs (c)(1) and (2) of this section, for a control period in a calendar year before the year for which the TR NO X Ozone Season allowance was allocated.

(5) Allowance Management System requirements. Each TR NO X Ozone Season allowance shall be held in, deducted from, or transferred into, out of, or between Allowance Management System accounts in accordance with this subpart.

(6) Limited authorization. (i) A TR NO X Ozone Season allowance is a limited authorization to emit one ton of NO X in accordance with the TR NO X Ozone Season Trading Program.

(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.

(7) Property right. A TR NO X Ozone Season allowance does not constitute a property right.

(d) Title V Permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of TR NO X Ozone Season allowances in accordance with this subpart.

(2) A description of whether a unit is required to monitor and report NO X emissions using a continuous emission monitoring system (under subpart H of part 75 of this chapter), an excepted monitoring system (under appendices D and E to part 75 of this chapter), a low mass emissions excepted monitoring methodology (under § 75.19 of this chapter), or an alternative monitoring system (under subpart E of part 75 of this chapter) in accordance with §§ 97.530 through 97.535 may be added to, or changed in, a title V permit using minor permit modification procedures in accordance with §§ 70.7(e)(2) and 71.7(e)(1) of this chapter, provided that the requirements applicable to the described monitoring and reporting (as added or changed, respectively) are already incorporated in such permit. This paragraph explicitly provides that the addition of, or change to, a unit’s description as described in the prior sentence is eligible for minor permit modification procedures in accordance with §§ 70.7(e)(2)(i)(B) and 71.7(e)(1)(i)(B) of this chapter.

(e) Additional recordkeeping and reporting requirements.

(1) Unless otherwise provided, the owners and operators of each TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source shall keep on site at the source each of the following documents (in hardcopy or electronic format) for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the Administrator.

(i) The certificate of representation under § 97.516 for the designated representative for the source and each TR NO X Ozone Season unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under § 97.516 changing the designated representative.

(ii) All emissions monitoring information, in accordance with this subpart.

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the TR NO X Ozone Season Trading Program, including any monitoring plans and monitoring system certification and recertification applications.

(2) The designated representative of a TR NO X Ozone Season source and each TR NO X Ozone Season unit at the source shall make all submissions required under the TR NO X Ozone Season Trading Program, including any submissions required for compliance with the TR NO X Ozone Season assurance provisions. This requirement does not change, create an exemption from, or or otherwise affect the responsible official submission requirements under a title V operating


### 45400 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules permit program in parts 70 and 71 of this chapter.

(f) Liability. (1) Any provision of the TR NO X Ozone Season Trading Program that applies to a TR NO X Ozone Season source or the designated representative of a TR NO X Ozone Season source shall also apply to the owners and operators of such source and of the TR NO X Ozone Season units at the source.

(2) Any provision of the TR NO X Ozone Season Trading Program that applies to a TR NO X Ozone Season unit or the designated representative of a TR NO X Ozone Season unit shall also apply to the owners and operators of such unit.

(g) Effect on other authorities. No provision of the TR NO X Ozone Season Trading Program or exemption under § 97.505 shall be construed as exempting or excluding the owners and operators, and the designated representative, of a TR NO X Ozone Season source or TR NO X Ozone Season unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act. **§ 97.507 Computation of time.**

(a) Unless otherwise stated, any time period scheduled, under the TR NO X Ozone Season 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 TR NO X Ozone Season Trading Program, to begin before the occurrence of an act or event shall be computed so that the period ends the day before the act or event occurs.

(c) Unless otherwise stated, if the final day of any time period, under the TR NO X Ozone Season Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day. **§ 97.508 Administrative appeal procedures.** 

The administrative appeal procedures for decisions of the Administrator under the TR NO X Ozone Season Trading Program are set forth in part 78 of this chapter. **§ 97.509 [Reserved] § 97.510 State NO**  X **Ozone Season trading budgets, new-unit set-asides, and variability**  **limits.**

(a) The State NO X Ozone Season trading budgets and new-unit set-asides for allocations of TR NO X Ozone Season allowances for the control periods in 2012 and thereafter are as follows:

State NO X ozone season trading budget (tons)* New-unit set-aside (tons)

For 2012 and

thereafter For 2012 and thereafter
Alabama ........................................................................................................................ ............................... 29,738 892 Arkansas ....................................................................................................................... ............................... 16,660 500 Connecticut .................................................................................................................... .............................. 1,315 39 Delaware ....................................................................................................................... ............................... 2,450 74 District of Columbia ........................................................................................................... .......................... 105 3 Florida ........................................................................................................................ .................................. 56,939 1,708 Georgia ........................................................................................................................ ................................ 32,144 964 Illinois ....................................................................................................................... .................................... 23,570 707 Indiana ........................................................................................................................ ................................. 49,987 1,500 Kansas ......................................................................................................................... ................................ 21,433 643 Kentucky ....................................................................................................................... ............................... 30,908 927 Louisiana ...................................................................................................................... ................................ 21,220 637 Maryland ....................................................................................................................... ............................... 7,232 217 Michigan ....................................................................................................................... ................................ 28,253 848 Mississippi .................................................................................................................... ................................ 16,530 496 New Jersey ..................................................................................................................... ............................. 5,269 158 New York ....................................................................................................................... .............................. 11,090 333 North Carolina ................................................................................................................. ............................. 23,539 706 Ohio ........................................................................................................................... .................................. 40,661 1,220 Oklahoma ....................................................................................................................... .............................. 37,087 1,113 Pennsylvania ................................................................................................................... ............................. 48,271 1,448 South Carolina ................................................................................................................. ............................ 15,222 457 Tennessee ...................................................................................................................... ............................. 11,575 347 Texas .......................................................................................................................... ................................. 75,574 2,267 Virginia ....................................................................................................................... .................................. 12,608 378 West Virginia .................................................................................................................. .............................. 22,234 667 Total .......................................................................................................................... ............................ 641,614 19,249 * Without variability limits. (b) The States’ one-year and three-year variability limits for the State NO X Ozone Season trading budgets for the control periods in 2014 and thereafter are as follows:


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State One-year variability limits Three-year variability limits2014 and thereafter (tons) 2016 and thereafter (tons) Alabama ........................................................................................................................ ............................... 2,974 1,717 Arkansas ....................................................................................................................... ............................... 2,100 1,212 Connecticut .................................................................................................................... .............................. 2,100 1,212 Delaware ....................................................................................................................... ............................... 2,100 1,212 District of Columbia ........................................................................................................... .......................... 2,100 1,212 Florida ........................................................................................................................ .................................. 5,694 3,287 Georgia ........................................................................................................................ ................................ 3,214 1,856 Illinois ....................................................................................................................... .................................... 2,357 1,361 Indiana ........................................................................................................................ ................................. 4,999 2,886 Kansas ......................................................................................................................... ................................ 2,143 1,237 Kentucky ....................................................................................................................... ............................... 3,091 1,784 Louisiana ...................................................................................................................... ................................ 2,122 1,225 Maryland ....................................................................................................................... ............................... 2,100 1,212 Michigan ....................................................................................................................... ................................ 2,825 1,631 Mississippi .................................................................................................................... ................................ 2,100 1,212 New Jersey ..................................................................................................................... ............................. 2,100 1,212 New York ....................................................................................................................... .............................. 2,100 1,212 North Carolina ................................................................................................................. ............................. 2,354 1,359 Ohio ........................................................................................................................... .................................. 4,066 2,348 Oklahoma ....................................................................................................................... .............................. 3,709 2,141 Pennsylvania ................................................................................................................... ............................. 4,827 2,787 South Carolina ................................................................................................................. ............................ 2,100 1,212 Tennessee ...................................................................................................................... ............................. 2,100 1,212 Texas .......................................................................................................................... ................................. 7,557 4,363 Virginia ....................................................................................................................... .................................. 2,100 1,212 West Virginia .................................................................................................................. .............................. 2,223 1,284

**§ 97.511 Timing requirements for TR NO** X **Ozone Season allowance allocations.**

(a) Existing units. (1) TR NO X Ozone Season allowances are allocated, for the control periods in 2012 and each year thereafter, as set forth in appendix A to this subpart. Listing a unit in such appendix does not constitute a determination that the unit is a TR NO X Ozone Season unit, and not listing a unit in such appendix does not constitute a determination that the unit is not a TR NO X Ozone Season unit.

(2) Notwithstanding paragraph (a)(1) of this section, if a unit listed in appendix A to this subpart as being allocated TR NO X Ozone Season allowances does not operate, starting after 2011, during the control period in three consecutive years, such unit will not be allocated the TR NO X Ozone Season allowances set forth in appendix A to this subpart for the unit for the control periods in the seventh year after the first such year and in each year after that seventh year. All TR NO X Ozone Season allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the respective years involved. If such unit resumes operation, the Administrator will allocate TR NO X Ozone Season allowances to the unit in accordance with paragraph (b) of this section.

(b) New units. (1) By April 1, 2012 and April 1 of each year thereafter, the Administrator will calculate the TR NO X Ozone Season allowance allocation for each TR NO X Ozone Season unit, in accordance with § 97.512, for the control period in the year of the applicable calculation deadline under this paragraph and will promulgate a notice of availability of the results of the calculations.

(2) For each notice of data availability required in paragraph (b)(1) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations are in accordance with § 97.512 and §§ 97.506(b)(2) and 97.530 through 97.535.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By June 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(c) Units that are not TR NO X Ozone Season units. For each control period in 2012 and thereafter, if the Administrator determines that TR NO X Ozone Season allowances were allocated under paragraph (a) of this section for the control period to a recipient that is not actually a TR NO X Ozone Season unit under § 97.504 as of May 1, 2012 or whose deadline for meeting monitor certification requirements under § 97.530(b)(1) and (2) is after May 1, 2012 or if the Administrator determines that TR NO X Ozone Season allowances were allocated under paragraph (b) of this section and § 97.512 for the control period to a recipient that is not actually a TR NO X Ozone Season unit under § 97.504 as of May 1 of the control period, then the Administrator will notify the designated representative and will act in accordance with the following procedures:

(1) Except as provided in paragraph (c)(2) or (3) of this section, the Administrator will not record such TR NO X Ozone Season allowances under § 97.521.

(2) If the Administrator already recorded such TR NO X Ozone Season allowances under § 97.521 and if the Administrator makes such determination before making deductions for the source that includes such recipient under § 97.524(b) for such control period, then the Administrator will deduct from the account in which such TR NO X Ozone Season allowances


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were recorded an amount of TR NO X Ozone Season allowances allocated for the same or a prior control period equal to the amount of such already recorded TR NO X Ozone Season allowances. The authorized account representative shall ensure that there are sufficient TR NO X Ozone Season allowances in such account for completion of the deduction.

(3) If the Administrator already recorded such TR NO X Ozone Season allowances under § 97.521 and if the Administrator makes such determination after making deductions for the source that includes such recipient under § 97.524(b) for such control period, then the Administrator will not make any deduction to take account of such already recorded TR NO X Ozone Season allowances.

(4) The Administrator will transfer the TR NO X Ozone Season allowances that are not recorded, or that are deducted, in accordance with paragraphs (c)(1) and (2) of this section to the new unit set-aside, for the State in which such recipient is located, for the control period in the year of such transfer if the notice required in paragraph (b)(1) of this section for the control period in that year has not been promulgated or, if such notice has been promulgated, in the next year. **§ 97.512 TR NO** X **Ozone Season allowance allocations for new units.** 

(a) For each control period in 2012 and thereafter, the Administrator will allocate, in accordance with the following procedures, TR NO X Ozone Season allowances to TR NO X Ozone Season units in a State that are not listed in appendix A to this subpart, to TR NO X Ozone Season units that are so listed and whose allocation of NO X Ozone Season allowances for such control period is covered by § 97.511(c)(1) or (2), and to TR NO X Ozone Season units that are so listed and, pursuant to § 97.511(a)(2), are not allocated TR NO X Ozone Season allowances for such control period but that operate during the immediately preceding control period:

(1) The Administrator will establish a separate new unit set-aside for each State for each control period in a given year. Each new unit set-aside will be allocated TR NO X Ozone Season allowances in an amount equal to the applicable amount of tons of NO X emissions as set forth in § 97.510(a). Each new unit set-aside will be allocated additional TR NO X Ozone Season allowances in accordance with § 97.511(a)(2) and (c)(4).

(2) The designated representative of such TR NO X Ozone Season unit may submit to the Administrator a request, in a format prescribed by the Administrator, to be allocated TR NO X Ozone Season allowances for a control period, starting with the later of the control period in 2012, the first control period after the control period in which the TR NO X Ozone Season unit commences commercial operation (for a unit not listed in appendix A to this subpart), or the first control period after the control period in which the unit resumes operation (for a unit listed in appendix A of this subpart) and for each subsequent control period.

(i) The request must be submitted on or before February 1 immediately preceding the first control period for which TR NO X Ozone Season allowances are sought and after the date on which the TR NO X Ozone Season unit commences commercial operation (for a unit not listed in appendix A of this subpart) or on which the unit resumes operation (for a unit listed in appendix A of this subpart).

(ii) For each control period for which an allocation is sought, the request must be for TR NO X Ozone Season allowances in an amount equal to the unit’s total tons of NO X emissions during the immediately preceding control period.

(3) The Administrator will review each TR NO X Ozone Season allowance allocation request under paragraph (a)(2) of this section and will accept the request only if it meets the requirements of paragraph (a)(2) of this section. The Administrator will allocate TR NO X Ozone Season allowances for each control period pursuant to an accepted request as follows:

(i) After February 1 immediately preceding such control period, the Administrator will determine the sum of the TR NO X Ozone Season allowances requested in all accepted allowance allocation requests for such control period.

(ii) If the amount of TR NO X OzoneSeason allowances in the new unit setaside for such control period is greater than or equal to the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate the amount of TR NO X Ozone Season allowances requested to each TR NO X Ozone Season unit covered by an accepted allowance allocation request.

(iii) If the amount of TR NO X OzoneSeason allowances in the new unit setaside for such control period is less than the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate to each TR NO X Ozone Season unit covered by an accepted allowance allocation request the amount of the TR NO X Ozone Season allowances requested, multiplied by the amount of TR NO X Ozone Season allowances in the new unit set-aside for such control period, divided by the sum determined under paragraph (a)(3)(i) of this section, and rounded to the nearest allowance.

(iv) The Administrator will notify, through the promulgation of the notices of data availability described in § 97.511(b), each designated representative that submitted an allowance allocation request of the amount of TR NO X Ozone Season allowances (if any) allocated for such control period to the TR NO X Ozone Season unit covered by the request.

(b) If, after completion of the procedures under paragraph (a)(4) of this section for a control period, any unallocated TR NO X Ozone Seasonallowances remain in the new unit setaside under paragraph (a) of this section for a State for such control period, the Administrator will allocate to each TR NO X Ozone Season unit that is in the State, is listed in appendix A to this subpart, and continues to be allocated TR NO X Ozone Season allowances for such control period in accordance with § 97.511(a)(2), an amount of TR NO X Ozone Season allowances equal to the following: The total amount of such remaining unallocated TR NO X OzoneSeason allowances in such new unit setaside, multiplied by the unit’s allocation under § 97.511(a) for such control period, divided by the remainder of the amount of tons in the applicable State NO X Ozone Season trading budget minus the amount of tons in such new unit set-aside, and rounded to the nearest allowance. **§ 97.513 Authorization of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.515, each TR NO X Ozone Season source, including all TR NO X Ozone Season units at the source, shall have one and only one designated representative, with regard to all matters under the TR NO X Ozone Season Trading Program.

(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR NO X Ozone Season units at the source and shall act in accordance with the certification statement in § 97.516(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516:

(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each TR NO X Ozone Season unit at


### 45403 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules the source in all matters pertaining to the TR NO X Ozone Season Trading Program, notwithstanding any agreement between the designated representative and such owners and operators; and

(ii) The owners and operators of the source and each TR NO X Ozone Season unit at the source shall be bound by any decision or order issued to the designated representative by the Administrator regarding the source or any such unit.

(b) Except as provided under § 97.515, each TR NO X Ozone Season source may have one and only one alternate designated representative, who may act on behalf of the designated representative. The agreement by which the alternate designated representative is selected shall include a procedure for authorizing the alternate designated representative to act in lieu of the designated representative.

(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR NO X Ozone Season units at the source and shall act in accordance with the certification statement in § 97.516(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.516,

(i) The alternate designated representative shall be authorized;

(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action, inaction, or submission by the designated representative; and

(iii) The owners and operators of the source and each TR NO X Ozone Season unit at the source shall be bound by any decision or order issued to the alternate designated representative by the Administrator regarding the source or any such unit.

(c) Except in this section, § 97.502, and §§ 97.514 through 97.518, whenever the term ‘‘ designated representative ’’ is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. **§ 97.514 Responsibilities of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.518 concerning delegation of authority to make submissions, each submission under the TR NO X Ozone Season Trading Program shall be made, signed, and certified by the designated representative or alternate designated representative for each TR NO X Ozone Season source and TR NO X Ozone Season unit for which the submission is made. Each such submission shall include the following certification statement by the designated representative or alternate designated representative: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(b) The Administrator will accept or act on a submission made for a TR NO X Ozone Season source or a TR NO X Ozone Season unit only if the submission has been made, signed, and certified in accordance with paragraph (a) of this section and § 97.518. **§ 97.515 Changing designated representative and alternate designated**  **representative; changes in owners and operators.** 

(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.516. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the TR NO X Ozone Season source and the TR NO X Ozone Season units at the source.

(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.516. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the TR NO X Ozone Season source and the TR NO X Ozone Season units at the source.

(c) Changes in owners and operators. (1) In the event an owner or operator of a TR NO X Ozone Season source or a TR NO X Ozone Season unit is not included in the list of owners and operators in the certificate of representation under § 97.516, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternate designated representative of the source or unit, and the decisions and orders of the Administrator, as if the owner or operator were included in such list.

(2) Within 30 days after any change in the owners and operators of a TR NO X Ozone Season source or a TR NO X Ozone Season unit, including the addition of a new owner or operator, the designated representative or any alternate designated representative shall submit a revision to the certificate of representation under § 97.516 amending the list of owners and operators to include the change. **§ 97.516 Certificate of representation.**

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

(1) Identification of the TR NO X Ozone Season source, and each TR NO X Ozone Season unit at the source, for which the certificate of representation is submitted, including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, unit identification number and type, identification number and nameplate capacity (in MWe rounded to the nearest tenth) of each generator served by each such unit, and actual or projected date of commencement of commercial operation.

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

(3) A list of the owners and operators of the TR NO X Ozone Season source and of each TR NO X Ozone Season unit at the source.

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


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(i) ‘‘ I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each TR NO X Ozone Season unit at the source. ’’

(ii) ‘‘ I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR NO X Ozone Season Trading Program on behalf of the owners and operators of the source and of each TR NO X Ozone Season 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 order issued to me by the Administrator regarding the source or unit. ’’

(iii) ‘‘ Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a TR NO X Ozone Season unit, or where a utility or industrial customer purchases power from a TR NO X Ozone Season 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 ‘designated representative’ or ‘alternate designated representative’, as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each TR NO X Ozone Season unit at the source; and TR NO X Ozone Season allowances and proceeds of transactions involving TR NO X Ozone Season allowances will be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of TR NO X Ozone Season allowances by contract, TR NO X Ozone Season allowances and proceeds of transactions involving TR NO X Ozone Season allowances will be deemed to be held or distributed in accordance with the contract. ’’

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

(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. **§ 97.517 Objections concerning designated representative and alternate**  **designated representative.**

(a) Once a complete certificate of representation under § 97.516 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.516 is received by the Administrator.

(b) Except as provided in § 97.515(a) or (b), no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the TR NO X Ozone Season Trading Program.

(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of TR NO X Ozone Season allowance transfers. **§ 97.518 Delegation by designated representative and alternate designated**  **representative.**

(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;

(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an
‘‘ agent ’’ );

(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and

(4) The following certification statements by such designated representative or alternate designated representative:

(i) ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.518(d) shall be deemed to be an electronic submission by me. ’’

(ii) ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.518(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.518 is terminated. ’’

.

(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation. **§ 97.519 [Reserved] § 97.520 Establishment of Allowance**  **Management System accounts.**

(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.516, the Administrator will establish a compliance account for the TR NO X Ozone Season source for which the certificate of representation was submitted, unless the source already has a compliance account. The designated representative and any alternate designated representative of the source


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shall be the authorized account representative and the alternate authorized account representative respectively of the 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 TR NO X Ozone Season allowances, by submitting to the Administrator a complete application for a general account. Such application shall designate one and only one authorized account representative and may designate one and only one alternate authorized account representative who may act on behalf of the authorized account representative.

(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to TR NO X Ozone Season allowances held in the general account.

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

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

(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;

(B) An identifying name for the general account;

(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to represent their ownership interest with respect to the TR NO X Ozone Season allowances held in the general account;

(D) The following certification statement by the authorized account representative and any alternate authorized account representative: ‘‘ I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to TR NO X Ozone Season allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR NO X Ozone Season Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator regarding the general account. ’’

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

(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted and upon and after such receipt by the Administrator:

(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to TR NO X Ozone Season allowances held in the general account in all matters pertaining to the TR NO X Ozone Season Trading Program, notwithstanding any agreement between the authorized account representative and such person.

(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative.

(C) Each person who has an ownership interest with respect to TR NO X Ozone Season allowances held in the general account shall be bound by any order or decision issued to the authorized account representative or alternate authorized account representative by the Administrator regarding the general account.

(ii) Except as provided in paragraph (b)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to TR NO X Ozone Season allowances held in the general account. Each such submission shall include the following certification statement by the authorized account representative or any alternate authorized account representative: ‘‘ I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the TR NO X Ozone Season allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(iii) Except in this section, whenever the term ‘‘ authorized account representative ’’ is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.

(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the TR NO X Ozone Season allowances in the general account.

(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new


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alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the TR NO X Ozone Season allowances in the general account.

(iii)(A) In the event a person having an ownership interest with respect to TR NO X Ozone Season allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the authorized account representative and any alternate authorized account representative of the account, and the decisions and orders of the Administrator, as if the person were included in such list.

(B) Within 30 days after any change in the persons having an ownership interest with respect to NO X Ozone Season allowances in the general account, including the addition of a new person, the authorized account representative or any alternate authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the TR NO X Ozone Season allowances in the general account to include the change.

(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (b)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (b)(1) of this section is received by the Administrator.

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

(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of TR NO X Ozone Season allowance transfers.

(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;

(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an ‘‘ agent ’’ );

(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;

(D) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(b)(5)(iv) shall be deemed to be an electronic submission by me. ’’ ; and

(E) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.520(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.520(b)(5) is terminated. ’’

.

(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.

(6)(i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted TR NO X Ozone Season allowance transfer under § 97.522 for any TR NO X Ozone Season allowances in the account to one or more other Allowance Management System accounts.

(ii) If a general account has no TR NO X Ozone Season allowance transfers to or from the account for a 12-month period or longer and does not contain any TR NO X Ozone Season allowances, the Administrator may notify the authorized account representative for the account that the account will be closed after 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 TR NO X Ozone Season allowance transfer under § 97.522 to the account or a statement submitted by the authorized account representative or alternate authorized account representative demonstrating to the satisfaction of the Administrator good


### 45407 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules cause as to why the account should not be closed.

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

(d) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of an Allowance Management System account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of TR NO X Ozone Season allowances in the account, only if the submission has been made, signed, and certified in accordance with §§ 97.514(a) and 97.518 or paragraphs (b)(2)(ii) and (b)(5) of this section. **§ 97.521 Recordation of TR NO** X **Ozone Season allowance allocations.** 

(a) By September 1, 2011, the Administrator will record in each TR NO X Ozone Season source’s compliance account the TR NO X Ozone Season allowances allocated for the TR NO X Ozone Season units at the source in accordance with §§ 97.511(a) for the control periods in 2012, 2013, and 2014.

(b) By June 1, 2012 and June 1 of each year thereafter, the Administrator will record in each TR NO X Ozone Season source’s compliance account the TR NO X Ozone Season allowances allocated for the TR NO X Ozone Season units at the source in accordance with § 97.511(a) for the control period in the third year after the year of the applicable recordation deadline under this paragraph.

(c) By June 1, 2012 and June 1 of each year thereafter, the Administrator will record in each TR NO X Ozone Season source’s compliance account the TR NO X Ozone Season allowances allocated for the TR NO X Ozone Season units at the source in accordance with § 97.512 for the control period in the year of the applicable recordation deadline under this paragraph.

(d) When recording the allocation of TR NO X Ozone Season allowances for a TR NO X Ozone Season unit in a compliance account, the Administrator will assign each TR NO X Ozone Season allowance a unique identification number that will include digits identifying the year of the control period for which the TR NO X Ozone Season allowance is allocated. **§ 97.522 Submission of TR NO** X **Ozone Season allowance transfers.** 

(a) An authorized account representative seeking recordation of a TR NO X Ozone Season allowance transfer shall submit the transfer to the Administrator.

(b) A TR NO X Ozone Season allowance transfer shall be correctly submitted if:

(1) The transfer includes the following elements, in a format prescribed by the Administrator:

(i) The account numbers established by the Administrator for both the transferor and transferee accounts;

(ii) The serial number of each TR NO X Ozone Season allowance that is in the transferor account and is to be transferred; and

(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and

(2) When the Administrator attempts to record the transfer, the transferor account includes each TR NO X Ozone Season allowance identified by serial number in the transfer. **§ 97.523 Recordation of TR NO** X **Ozone Season allowance transfers.** 

(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a TR NO X Ozone Season allowance transfer, the Administrator will record a TR NO X Ozone Season allowance transfer by moving each TR NO X Ozone Season allowance from the transferor account to the transferee account as specified by the request, provided that the transfer is correctly submitted under § 97.522.

(b)(1) A TR NO X Ozone Season allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any TR NO X Ozone Season allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under § 97.524 for the control period immediately before such allowance transfer deadline.

(2) A TR NO X Ozone Season allowance transfer that is submitted for recordation after the deadline for holding TR NO X Ozone Season allowances described in § 97.525(b)(5) and that includes any TR NO X Ozone Season allowances allocated for a control period before the year of such deadline will not be recorded until after the Administrator completes the deductions under § 97.525 for the control period immediately before the year of such deadline.

(c) Where a TR NO X Ozone Season allowance transfer is not correctly submitted under § 97.522, the Administrator will not record such transfer. (d) Within 5 business days of recordation of a TR NO X Ozone Season allowance transfer under paragraphs (a) and (b) of the section, the Administrator will notify the authorized account representatives of both the transferor and transferee accounts.

(e) Within 10 business days of receipt of a TR NO X Ozone Season allowance transfer that is not correctly submitted under § 97.522, the Administrator will notify the 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 nonrecordation. **§ 97.524 Compliance with TR NO** X **Ozone Season emissions limitation.** 

(a) Availability for deduction for compliance. TR NO X Ozone Season allowances are available to be deducted for compliance with a source’s TR NO X Ozone Season emissions limitation for a control period in a given year only if the TR NO X Ozone Season allowances:

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

(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.

(b) Deductions for compliance. After the recordation, in accordance with § 97.523, of TR NO X Ozone Season allowance transfers submitted by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account TR NO X Ozone Season allowances available under paragraph (a) of this section in order to determine whether the source meets the TR NO X Ozone Season emissions limitation for such control period, as follows:

(1) Until the amount of TR NO X Ozone Season allowances deducted equals the number of tons of total NO X emissions from all TR NO X Ozone Season units at the source for such control period; or

(2) If there are insufficient TR NO X Ozone Season allowances to complete the deductions in paragraph (b)(1) of this section, until no more TR NO X Ozone Season allowances available under paragraph (a) of this section remain in the compliance account.

(c)(1) Identification of TR NO X Ozone Season allowances by serial number. The authorized account representative for a source’s compliance account may request that specific TR NO X Ozone Season allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in


### 45408 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules accordance with paragraph (b) or (d) of this section. In order to be complete, such request shall be submitted to the Administrator by the allowance transfer deadline for such control period and include, in a format prescribed by the Administrator, the identification of the TR NO X Ozone Season source and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR NO X Ozone Season allowances under paragraph (b) or (d) of this section from the source’s compliance account in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR NO X Ozone Season allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR NO X Ozone Season allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR NO X Ozone Season allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the TR NO X Ozone Season source has excess emissions, the Administrator will deduct from the source’s compliance account an amount of TR NO X Ozone Season allowances, allocated for the control period in the immediately following year, equal to two times the number of tons of the source’s excess emissions.

(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section. **§ 97.525 Compliance with TR NO** X **Ozone Season assurance provisions.** 

(a) Availability for deduction. TR NO X Ozone Season allowances are available to be deducted for compliance with the TR NO X Ozone Season assurance provisions for a control period in a given year by an owner of one or more TR NO X Ozone Season units in a State only if the TR NO X Ozone Season allowances:

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

(2) Are held in a compliance account, designated by the owner in accordance with paragraph (b)(4)(ii) of this section, of one of the owner’s TR NO X Ozone Season sources in the State as of the deadline established in paragraph (b)(5) of this section.

(b) Deductions for compliance. The Administrator will deduct TR NO X Ozone Season allowances available under paragraph (a) of this section for compliance with the TR NO X Ozone Season assurance provisions for a State for a control period in a given year in accordance with the following procedures:

(1) By March 1, 2015 and March 1 of each year thereafter, the Administrator will:

(i) Calculate, separately for each State, the total amount of NO X emissions from all TR NO X Ozone Season units in the State during the control period in the year before the year of this calculation deadline and the amount, if any, by which such total amount of NO X emissions exceeds the State assurance level as described in § 97.506(c)(2)(iii); and

(ii) Promulgate a notice of availability of the results of the calculations required in paragraph (b)(1)(i) of this section, including separate calculations of the NO X emissions for each TR NO X Ozone Season unit and of the amounts described in §§ 97.506(c)(2)(iii)(A) and (B) for each State.

(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice described in paragraph (b)(1) of this section.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each TR NO X Ozone Season unit and each State for the control period in the year involved are in accordance with § 97.506(c)(2)(iii) and §§ 97.506(b) and 97.530 through 97.535.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By May 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(3) For each notice of data availability required in paragraph (b)(2)(ii) of this section and for any State identified in such notice as having TR NO X Ozone Season sources with total NO X emissions exceeding the State assurance level for a control period, as described in § 97.506(c)(2)(iii):

(i) By May 15 immediately after the promulgation of such notice, the designated representative of each TR NO X Ozone Season source in each such State shall submit a statement, in a format prescribed by the Administrator:

(A) Listing all the owners of each TR NO X Ozone Season unit at the source, explaining how the selection of each owner for inclusion on the list is consistent with the definition of
‘‘ owner ’’ in § 97.502, and listing, separately for each unit, the percentage of the legal, equitable, leasehold, or contractual reservation or entitlement for each such owner as of midnight of December 31 of the control period in the year involved; and

(B) For each TR NO X Ozone Season unit at the source that operates during, but is allocated no TR NO X Ozone Season allowances for, the control period in the year involved, identifying whether the unit is a coal-fired boiler, simple combustion turbine, or combined cycle turbine cycle and providing the unit’s allowable NO X emission rate for such control period.

(ii) By June 15 immediately after the promulgation of such notice, the Administrator will calculate, for each such State and each owner of one or more TR NO X Ozone Season units in the State and for the control period in the year involved, each owner’s share of the total NO X emissions from all TR NO X Ozone Season units in the State, each owner’s assurance level, and the amount (if any) of TR NO X Ozone Season allowances that each owner must hold in accordance with the calculation formula in § 97.506(c)(2)(i) and will promulgate a notice of availability of the results of these calculations.

(iii) The Administrator will provide an opportunity for submission of objections to the calculations referenced by the notice of data availability required in paragraph (b)(3)(ii) of this section.

(A) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each owner for the control period in the year involved are consistent with the NO X emissions for the relevant TR NO X Ozone Season units as set forth in the notice required in paragraph (b)(2)(ii) of this section, the definitions of ‘‘ owner ’’ , ‘‘ owner’s assurance level ’’ , and ‘‘ owner’s share ’’ in § 97.502, and the calculation formula in § 97.506(c)(2)(i) and shall not raise any issues about any data used in the notice of data availability required in paragraph (b)(2)(ii) of this section.

(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are consistent with the data and provisions referenced in paragraph (b)(3)(iii)(A) of this section.


### 45409 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules By August 15 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(3)(iii)(A) of this section.

(4) By September 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section:

(i) Each owner identified, in such notice, as owning one or more TR NO X Ozone Season units in a State and as being required to hold TR NO X Ozone Season allowances shall designate the compliance account of one of the sources at which such unit or units are located to hold such required TR NO X Ozone Season allowances;

(ii) The authorized account representative for the compliance account designated under paragraph (b)(4)(i) of this section shall submit to the Administrator a statement, in a format prescribed by the Administrator, making this designation.

(5)(i) As of midnight of September 15 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section, each owner described in paragraph (b)(4)(i) of this section shall hold in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section the total amount of TR NO X Ozone Season allowances, available for deduction under paragraph (a) of this section, equal to the amount the owner is required to hold as calculated by the Administrator and referenced in such notice.

(ii) Notwithstanding the allowanceholding deadline specified in paragraph (b)(5)(i) of this section, if September 15 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.

(6) After September 15 (or the date described in paragraph (b)(5)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section and after the recordation, in accordance with § 97.523, of TR NO X Ozone Season allowance transfers submitted by midnight of such date, the Administrator will deduct from each compliance account designated in accordance with paragraph (b)(4)(ii) of this section, TR NO X Ozone Season allowances available under paragraph (a) of this section, as follows:

(i) Until the amount of TR NO X Ozone Season allowances deducted equals the amount that the owner designating the compliance account is required to hold as calculated by the Administrator and referenced in the notice required in paragraph (b)(3)(iii)(B) of this section; or

(ii) If there are insufficient TR NO X Ozone Season allowances to complete the deductions in paragraph (b)(6)(i) of this section, until no more TR NO X Ozone Season allowances available under paragraph (a) of this section remain in the compliance account.

(7) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notices of data availability required in paragraphs (b)(2)(ii) and (b)(3)(iii)(B) of this section respectively for a control period, of any data used in making the calculations referenced in such notice, the amount of TR NO X Ozone Season allowances that each owner is required to hold in accordance with § 97.506(c)(2)(i) for the control period in the year involved shall continue to be such amount as calculated by the Administrator and referenced in such notice required in paragraph (b)(3)(iii)(B) of this section, except as follows:

(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of TR NO X Ozone Season allowances that owners are required to hold in accordance with the calculation formula in § 97.506(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that—

(A) With regard to such litigation involving such notice required in paragraph (b)(2)(ii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(2)(ii) of this section; and

(B) With regard to such litigation involving such notice required in paragraph (b)(3)(iii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii) of this section. (ii) If any such data are revised by the owners and operators of a source whose designated representative submitted such data under paragraph (b)(3)(i) of this section, as a result of a decision in or settlement of litigation concerning such submission, then the Administrator will use the data as so revised to recalculate the amounts of TR NO X Ozone Season allowances that owners are required to hold in accordance with the calculation formula in § 97.506(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that such litigation was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii)(B) of this section.

(iii) If the revised data are used to recalculate, in accordance with paragraphs (b)(7)(i) and (b)(7)(ii) of this section, the amount of TR NO X Ozone Season allowances that an owner is required to hold for the control period in the year involved with regard to the State involved-

(A) Where the amount of TR NO X Ozone Season allowances that an owner is required to hold increases as a result of the use of all such revised data, the Administrator will establish a new, reasonable deadline on which the owner shall hold the additional amount of TR NO X Ozone Season allowances in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section. The owner’s failure to hold such additional amount, as required, before the new deadline shall not be a violation of the Clean Air Act. The owner’s failure to hold such additional amount, as required, as of the new deadline shall be a violation of the Clean Air Act. Each TR NO X Ozone Season allowance that the owner fails to hold as required as of the new deadline, and each day in the control period in the year involved, shall be a separate violation of the Clean Air Act. After such deadline, the Administrator will make the appropriate deductions from the compliance account.

(B) For an owner for which the amount of TR NO X Ozone Season allowances required to be held decreases as a result of the use of all such revised data, the Administrator will record, in the compliance account that the owner designated in accordance with paragraph (b)(4)(ii) of this section, an amount of TR NO X Ozone Season allowances equal to the amount of the decrease to the extent such amount was previously deducted from the compliance account under paragraph (b)(6) of this section (and has not already been restored to the compliance


### 45410 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules account) for the control period in the year involved.

(C) Each TR NO X Ozone Season allowance held and deducted under paragraph (b)(7)(iii)(A) of this section, or recorded under paragraph (b)(7)(iii)(B) of this section, as a result of recalculation of requirements for compliance with the TR NO X Ozone Season assurance provisions for a control period in a given year must be a TR NO X Ozone Season allowance allocated for a control period in the same or a prior year.

(c)(1) Identification of TR NO X Ozone Season allowances by serial number. The authorized account representative for each source’s compliance account designated in accordance with paragraph (b)(4)(ii) of this section may request that specific TR NO X Ozone Season allowances, identified by serial number, in the compliance account be deducted in accordance with paragraph (b)(6) or (7) of this section. In order to be complete, such request shall be submitted to the Administrator by the allowance-holding deadline described in paragraph (b)(5) of this section and include, in a format prescribed by the Administrator, the identification of the compliance account and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR NO X Ozone Season allowances under paragraphs (b)(6) and (7) of this section from each source’s compliance account designated under paragraph (b)(4)(ii) of this section in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR NO X Ozone Season allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR NO X Ozone Season allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR NO X Ozone Season allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraph (b) of this section. **§ 97.526 Banking.**

(a) A TR NO X Ozone Season allowance 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 TR NO X Ozone Season allowance that is held in a compliance account or a general account will remain in such account unless and until the TR NO X Ozone Season allowance is deducted or transferred under § 97.511(c), § 97.523, § 97.524, § 97.525, 97.527, 97.528, 97.542, or 97.543. **§ 97.527 Account error.**

The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. **§ 97.528 Administrator’s action on submissions.** 

(a) The Administrator may review and conduct independent audits concerning any submission under the TR NO X Ozone Season Trading Program and make appropriate adjustments of the information in the submission.

(b) The Administrator may deduct TR NO X Ozone Season allowances from or transfer TR NO X Ozone Season allowances to a source’s compliance account based on the information in a submission, as adjusted under paragraph (a)(1) of this section, and record such deductions and transfers. **§ 97.529 [Reserved] § 97.530 General monitoring,**  **recordkeeping, and reporting requirements.**

The owners and operators, and to the extent applicable, the designated representative, of a TR NO X Ozone Season unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and subpart H of part 75 of this chapter. For purposes of applying such requirements, the definitions in § 97.502 and in § 72.2 of this chapter shall apply, 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 ‘‘ TR NO X Ozone Season unit, ’’
‘‘ designated representative, ’’ and
‘‘ continuous emission monitoring system ’’ (or ‘‘ CEMS ’’ ) respectively as defined in § 97.502, and the term ‘‘ newly affected unit ’’ shall be deemed to mean
‘‘ newly affected TR NO X Ozone Season unit ’’ . The owner or operator of a unit that is not a TR NO X Ozone Season 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 TR NO X Ozone Season unit. (a) Requirements for installation, certification, and data accounting. The owner or operator of each TR NO X Ozone Season 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 § 97.531 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and

(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.

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

(1) For the owner or operator of a TR NO X Ozone Season unit that commences commercial operation before July 1, 2011, by May 1, 2012.

(2) For the owner or operator of a TR NO X Ozone Season unit that commences commercial operation on or after July 1, 2011 and that reports on an annual basis under § 97.534(d), by the later of the following dates:

(i) 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or (ii) May 1, 2012.

(3) For the owner or operator of a TR NO X Ozone Season unit that commences commercial operation on or after July 1, 2011 and that reports on a control period basis under § 97.534(d)(2)(ii), by the later of the following dates:

(i) 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation; or (ii) If the compliance date under paragraph (b)(3)(i) of this section is not during a control period, May 1 immediately after the compliance date under paragraph (b)(3)(i) of this section.

(4) For the owner or operator of a TR NO X Ozone Season unit for which


### 45411 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
construction of a new stack or flue or installation of add-on NO X emission controls is completed after the applicable deadline under paragraph (b)(1) or (2) of this section and that reports on an annual basis under § 97.534(d), by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO X emissions controls.

(5) For the owner or operator of a TR NO X Ozone Season unit for which construction of a new stack or flue or installation of add-on NO X emission controls is completed after the applicable deadline under paragraph (b)(1) or (3) of this section and that reports on a control period basis under § 97.534(d)(2)(ii), by the later of the following dates:

(i) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NO X emissions controls; or

(ii) If the compliance date under paragraph (b)(5)(i) of this section is not during a control period, May 1 immediately after the compliance date under paragraph (b)(5)(i) of this section.

(6) Notwithstanding the dates in paragraphs (b)(1), (2), and (3) of this section, for the owner or operator of a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, by the date specified in § 97.541(c).

(7) Notwithstanding the dates in paragraphs (b)(1), (2), and (3) of this section, for the owner or operator of a TR NO X Ozone Season opt-in unit, by the date on which the TR NO X Annual opt-in unit enters the TR NO X Ozone Season Trading Program as provided in § 97.541(h).

(c) Reporting data. The owner or operator of a TR NO X Ozone Season unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for NO X concentration, NO X emission rate, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine NO X mass emissions and heat input in accordance with § 75.31(b)(2) or (c)(3) of this chapter, section 2.4 of appendix D to part 75 of this chapter, or section 2.5 of appendix E to part 75 of this chapter, as applicable. (d) Prohibitions. (1) No owner or operator of a TR NO X Ozone Season unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with § 97.535.

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

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

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

(i) During the period that the unit is covered by an exemption under § 97.505 that is in effect;

(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.531(d)(3)(i).

(e) Long-term cold storage. The owner or operator of a TR NO X Ozone Season unit is subject to the applicable provisions of § 75.4(d) of this chapter concerning units in long-term cold storage. **§ 97.531 Initial monitoring system certification and recertification procedures.** 

(a) The owner or operator of a TR NO X Ozone Season unit shall be exempt from the initial certification requirements of this section for a monitoring system under § 97.530(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 appendices B, D, and E to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.

(b) The recertification provisions of this section shall apply to a monitoring system under § 97.530(a)(1) 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 designated representative shall resubmit the petition to the Administrator under § 97.535 to determine whether the approval applies under the TR NO X Ozone Season Trading Program.

(d) Except as provided in paragraph (a) of this section, the owner or operator of a TR NO X Ozone Season unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system ( i.e., a continuous emission monitoring system and an excepted monitoring system under appendices D and E to part 75 of this chapter) under § 97.530(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 § 97.530(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under § 75.20 of this chapter by the applicable deadline in § 97.530(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.


### 45412 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.530(a)(1) that may significantly affect the ability of the system to accurately measure or record NO X mass emissions or heatinput rate or to meet the qualityassurance and quality-control requirements of § 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with § 75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit’s operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with § 75.20(b) of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include: Replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter systems, and any excepted NO X monitoring system under appendix E to part 75 of this chapter, under § 97.530(a)(1) are subject to the recertification requirements in § 75.20(g)(6) of this chapter.

(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.530(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in §§ 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words
‘‘ certification ’’ and ‘‘ initial certification ’’ are replaced by the word
‘‘ recertification ’’ and the word ‘‘ certified ’’ is replaced by with the word
‘‘ recertified ’’

.

(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.533.

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

(iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with § 75.20(a)(3) of this chapter. A provisionally certified monitoring system may be used under the TR NO X Ozone Season Trading Program for a period not to exceed 120 days after receipt by the Administrator of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Administrator does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the Administrator.

(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the TR NO X Ozone Season Trading Program.

(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.

(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section. The 120-day review period specified in paragraph (d)(3) of this section shall not begin before receipt of a complete certification application.

(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).

(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.532(b).

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

(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter:

(1) For a disapproved NO X emission rate ( i.e., NO X -diluent) system, the maximum potential NO X emission rate, as defined in § 72.2 of this chapter.

(2) For a disapproved NO X pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of NO X and the maximum potential flow rate, as defined in sections 2.1.2.1 and 2.1.4.1 of appendix A to part 75 of this chapter.

(3) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO 2 concentration or the minimum potential O 2 concentration (as applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to part 75 of this chapter.

(4) For a disapproved fuel flowmeter system, the maximum potential fuel


### 45413 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter.

(5) For a disapproved excepted NO X monitoring system under appendix E to part 75 of this chapter, the fuel-specific maximum potential NO X emission rate, as defined in § 72.2 of this chapter.

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

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

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

(f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. **§ 97.532 Monitoring system out-of-control periods.** 

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

( b ) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.531 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.531 for each disapproved monitoring system. **§ 97.533 Notifications concerning monitoring.** 

The designated representative of a TR NO X Ozone Season unit shall submit written notice to the Administrator in accordance with § 75.61 of this chapter. **§ 97.534 Recordkeeping and reporting.**

( a ) General provisions. The 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 § 97.514(a).

( b ) Monitoring plans. The owner or operator of a TR NO X Ozone Season unit shall comply with requirements of § 75.73(c) and (e) of this chapter.

( c ) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.531, including the information required under § 75.63 of this chapter.

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

(1) If the TR NO X Ozone Season unit is subject to the Acid Rain Program or a TR NO X Annual emissions limitation or if the owner or operator of such unit chooses to report on an annual basis under this subpart, the designated representative shall meet the requirements of subpart H of part 75 of this chapter (concerning monitoring of NO X mass emissions) for such unit for the entire year and shall report the NO X mass emissions data and heat input data for such unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(i) For a unit that commences commercial operation before July 1, 2011, the calendar quarter covering May 1, 2012 through June 30, 2012;

(ii) For a unit that commences commercial operation on or after July 1, 2011, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.530(b), unless that quarter is the third or fourth quarter of 2011 or the first quarter of 2012, in which case reporting shall commence in the quarter covering May 1, 2012 through June 30, 2012;

(2) If the TR NO X Ozone Season unit is not subject to the Acid Rain Program or a TR NO X Annual emissions limitation, then the designated representative shall either:

(i) Meet the requirements of subpart H of part 75 (concerning monitoring of NO X mass emissions) for such unit for the entire year and report the NO X mass emissions data and heat input data for such unit in accordance with paragraph (d)(1) of this section; or

(ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NO X mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(A) For a unit that commences commercial operation before July 1, 2011, the calendar quarter covering May 1, 2012 through June 30, 2012;

(B) For a unit that commences commercial operation on or after July 1, 2011, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.530(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;

(3) Notwithstanding paragraphs (d)(1) and (2) of this section, for a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, the calendar quarter corresponding to the date specified in § 97.541(c); and

(4) Notwithstanding paragraphs (d)(1) and (2) of this section, for a TR NO X


### 45414 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules Ozone Season opt-in unit, the calendar quarter corresponding to the date on which the TR NO X Annual opt-in unit enters the TR NO X Ozone Season Trading Program as provided in § 97.541(h).

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

(6) For TR NO X Ozone Season units that are also subject to the Acid Rain Program, TR NO X Annual Trading Program, TR SO 2 Group 1 Trading Program, or TR SO 2 Group 1 Trading Program, quarterly reports shall include the applicable data and information required by subparts F through H of part 75 of this chapter as applicable, in addition to the NO X mass emission data, heat input data, and other information required by this subpart.

(7) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.

(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction.

(8) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(5) of this section.

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

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

(2) For a unit with add-on NO X emission controls and for all hours where NO X data are substituted in accordance with § 75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate NO X emissions; and

(3) For a unit that is reporting on a control period basis under paragraph (d)(2)(ii) of this section, the NO X emission rate and NO X concentration values substituted for missing data under subpart D of part 75 of this chapter are calculated using only values from a control period and do not systematically underestimate NO X emissions. **§ 97.535 Petitions for alternatives to monitoring, recordkeeping, or reporting**  **requirements.**

(a) The designated representative of a TR NO X Ozone Season unit may submit a petition under § 75.66 of this chapter to the Administrator, requesting approval to apply an alternative to any requirement of §§ 97.530 through 97.534 or paragraph (5)(i) or (ii) of the definition of ‘‘ owner’s share ’’ in § 97.502.

(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(i) Identification of each unit and source covered by the petition;

(ii) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(iii) A description and diagram of any equipment and procedures used in the proposed alternative;

(iv) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and

(v) Any other relevant information that the Administrator may require.

(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. **§ 97.540 General requirements for TR NO** X **Ozone Season opt-in units.**

(a) A TR NO X Ozone Season opt-in unit must be a unit that:

(1) Is located in a State; (2) Is not a TR NO X Ozone Season unit under § 97.504;

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

(4) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of this subpart.

(b) A TR NO X Ozone Season opt-in unit shall be deemed to be a TR NO X Ozone Season unit for purposes of applying this subpart, except for §§ 97.505, 97.511, and 97.512.

(c) Solely for purposes of applying the requirements of §§ 97.513 through 97.518 and §§ 97.530 through 97.535, a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved under § 97.542 shall be deemed to be a TR NO X Ozone Season unit.

(d) Any TR NO X Ozone Season opt-inunit, and any unit for which a TR optin application is submitted and not withdrawn and is not yet approved or disapproved under § 97.542, located at the same source as one or more TR NO X Ozone Season units shall have the same designated representative and alternate designated representative as such TR NO X Ozone Season units. **§ 97.541 Opt-in process.**

A unit meeting the requirements for a TR NO X Ozone Season opt-in unit in § 97.540(a) may become a TR NO X Ozone Season opt-in unit only if, in accordance with this section, the designated representative of the unit submits a complete TR opt-in application for the unit and the Administrator approves the application.

(a) Applying to opt-in. The designated representative of the unit may submit a complete TR opt-in application for the unit at any time, except as provided under § 97.542(e). A complete TR opt-in application shall include the following elements in a format prescribed by the Administrator:

(1) Identification of the unit and the source where the unit is located,


### 45415 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, and unit identification number and type;

(2) A certification that the unit: (i) Is not a TR NO X Ozone Season unit under § 97.504;

(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 (greater than 0 mmBtu) for more than 876 hours during the 6 months immediately preceding submission of the TR opt-in application;

(3) A monitoring plan in accordance with §§ 97.530 through 97.535;

(4) A statement that the unit, if approved to become a TR NO X Ozone Season unit under paragraph (g) of this section, may withdraw from the TR NO X Ozone Season Trading Program only in accordance with § 97.542;

(5) A statement that the unit, if approved to become a TR NO X Ozone Season unit under paragraph (g) of this section, is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.543;

(6) A complete certificate of representation under § 97.516 consistent with § 97.540, if no designated representative has been previously designated for the source that includes the unit; and

(7) The signature of the designated representative and the date signed.

(b) Interim review of monitoring plan. The Administrator will determine, on an interim basis, the sufficiency of the monitoring plan submitted under paragraph (a)(3) of this section. The monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the NO X emission rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with §§ 97.530 through 97.535. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.

(c) Monitoring and reporting. (1)(i) If the Administrator determines that the monitoring plan is sufficient under paragraph (b) of this section, the owner or operator of the unit shall monitor and report the NO X emission rate and the heat input of the unit and all other applicable parameters, in accordance with §§ 97.530 through 97.535, starting on the date of certification of the necessary monitoring systems under §§ 97.530 through 97.535 and continuing until the TR opt-in application submitted under paragraph (a) of this section is disapproved under this section or, if such TR opt-in application is approved, the date and time when the unit is withdrawn from the TR NO X Ozone Season Trading Program in accordance with § 97.542.

(ii) The monitoring and reporting under paragraph (c)(1)(i) of this section shall cover the entire control period immediately before the date on which the unit enters the TR NO X Ozone Season Trading Program under paragraph (h) of this section, during which period monitoring system availability must not be less than 98 percent under §§ 97.530 through 97.535 and the unit must be in full compliance with any applicable State or Federal emissions or emissions-related requirements.

(2) To the extent the NO X emissions rate and the heat input of the unit are monitored and reported in accordance with §§ 97.530 through 97.535 for one or more entire control periods, in addition to the control period under paragraph (c)(1)(ii) of this section, during which control periods monitoring system availability is not less than 98 percent under §§ 97.530 through 97.535 and the unit is in full compliance with any applicable State or Federal emissions or emissions-related requirements and which control periods begin not more than 3 years before the unit enters the TR NO X Ozone Season Trading Program under paragraph (h) of this section, such information shall be used as provided in paragraphs (e) and (f) of this section.

(d) Statement on compliance. After submitting to the Administrator all quarterly reports required for the unit under paragraph (c) of this section, the designated representative shall submit, in a format prescribed by the Administrator, to the Administrator a statement that, for the years covered by such quarterly reports, the unit was in full compliance with any applicableState or Federal emissions or emissionsrelated requirements.

(e) Baseline heat input. The unit’s baseline heat input shall equal:

(1) If the unit’s NO X emissions rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s total heat input (in mmBtu) for such control period; or

(2) If the unit’s NO X emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, the average of the amounts of the unit’s total heat input (in mmBtu) for such control periods. (f) Baseline NO X emission rate. The unit’s baseline NO X emission rate shall equal:

(1) If the unit’s NO X emission rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s NO X emission rate (in lb/mmBtu) for such control period;

(2) If the unit’s NO X emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of thissection, and the unit does not have addon NO X emission controls during any such control periods, the average of the amounts of the unit’s NO X emission rate (in lb/mmBtu) for such control periods; or (3) If the unit’s NO X emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, and the unit has add-on NO X emission controls during any such control periods, the average of the amounts of the unit’s NO X emission rate (in lb/mmBtu) for such control periods during which the unit has add-on NO X emission controls.

(g) Review of TR opt-in application. (1) After the designated representative submits the complete TR opt-in application, quarterly reports, and statement required in paragraphs (a), (c), and (d) of this section and if the Administrator determines that the designated representative shows that the unit meets the requirements for a TR NO X Ozone Season opt-in unit in § 97.540, the element certified in paragraph (a)(2)(iv) of this section, and the monitoring and reporting requirements of paragraph (c) of this section, the Administrator will issue a written approval of the TR opt-in application for the unit. The written approve will state the unit’s baseline heat input and baseline NO X emission rate. The Administrator will thereafter establish a compliance account for the source that includes the unit unless the source already has a compliance account.

(2) Notwithstanding paragraphs (a) through (f) of this section, if, at any time before the TR opt-in application is approved under paragraph (g)(1) of this section, the Administrator determines that the unit cannot meet the requirements for a TR NO X Ozone Season opt-in unit in § 97.540, the element certified in paragraph (a)(2)(iv) of this section, or the monitoring and reporting requirements in paragraph (c) of this section, the Administrator will issue a written disapproval of the TR opt-in application for the unit.


### 45416 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (h) Date of entry into TR NO X Ozone Season Trading Program. A unit for which a TR opt-in application is approved under paragraph (g)(1) of this section shall become a TR NO X Ozone Season opt-in unit, and a TR NO X Ozone Season unit, effective as of the later of May 1, 2012 or May 1 of the first control period during which such approval is issued. **§ 97.542 Withdrawal of TR NO** X **Ozone Season opt-in unit from TR NO**  X **Ozone Season Trading Program.** 

A TR NO X Ozone Season opt-in unit may withdraw from the TR NO X Ozone Season Trading Program only if, in accordance with this section, the designated representative of the unit submits a request to withdraw the unit and the Administrator issues a written approval of the request.

(a) Requesting withdrawal. In order to withdraw the TR NO X Ozone Season opt-in unit from the TR NO X Ozone Season Trading Program, the designated representative of the unit shall submit to the Administrator a request to withdraw the unit effective as of midnight of September 30 of a specified calendar year, which date must be at least 4 years after September 30 of the year of the unit’s entry into the TR NO X Ozone Season Trading Program under § 97.541(h). The request shall be in a format prescribed by the Administrator and shall be submitted no later than 90 days before the requested effective date of withdrawal.

(b) Conditions for withdrawal. Before a TR NO X Ozone Season opt-in unit covered by the request to withdraw may withdraw from the TR NO X Ozone Season Trading Program, 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 TR NO X Ozone Season opt-in unit must meet the requirement to hold TR NO X Ozone Season allowances under §§ 97.524 and 97.525 and cannot have any excess emissions.

(2) After the requirement under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the TR NO X Ozone Season optin unit TR NO X Ozone Season allowances equal in amount to and allocated for the same or a prior control period as any TR NO X Ozone Season allowances allocated to the TR NO X Ozone Season opt-in unit under § 97.544 for any control period after the date on which the withdrawal is to be effective. If there are no other TR NO X Ozone Season units at the source, the Administrator will close the compliance account, and the owners and operators of the TR NO X Ozone Season opt-in unit may submit a TR NO X Ozone Season allowance transfer for any remaining TR NO X Ozone Season allowances to another Allowance Management System account in accordance §§ 97.522 and 97.523.

(c) Approving withdrawal. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of TR NO X Ozone Season allowances required), the Administrator will issue a written approval of the request to withdraw, which will become effective as of midnight on September 30 of the calendar year for which the withdrawal was requested. The unit covered by the request shall continue to be a TR NO X Ozone Season opt-in unit until the effective date of the withdrawal and shall comply with all requirements under the TR NO X Ozone Season Trading Program concerning any control periods for which the unit is a TR NO X Ozone Season opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a written disapproval of the request to withdraw. The unit covered by the request shall continue to be a TR NO X Ozone Season opt-in unit.

(d) Reapplication upon failure to meet conditions of withdrawal. If the Administrator disapproves the request to withdraw, the designated representative of the unit may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section.

(e) Ability to reapply to the TR NO X Ozone Season Trading Program. Once a TR NO X Ozone Season opt-in unit withdraws from the TR NO X Ozone Season Trading Program, the designated representative may not submit another opt-in application under § 97.541 for such unit before the date that is 4 years after the date on which the withdrawal became effective. **§ 97.543 Change in regulatory status.**

(a) Notification. If a TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504, then the designated representative of the unit shall notify the Administrator in writing of such change in the TR NO X Ozone Season opt-in unit’s regulatory status, within 30 days of such change.

(b) Administrator’s actions. (1) If a TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504, the Administrator will deduct, from the compliance account of the source that includes the TR NO X Ozone Season opt-in unit that becomes a TR NO X Ozone Season unit under § 97.504, TR NO X Ozone Season allowances equal in amount to and allocated for the same or a prior control period as:

(i) Any TR NO X Ozone Season allowances allocated to the TR NO X Ozone Season opt-in unit under § 97.544 for any control period starting after the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504; and

(ii) If the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504 is not September 30, the TR NO X Ozone Season allowances allocated to the TR NO X Ozone Season opt-in unit under § 97.544 for the control period that includes the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504—

(A) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504, divided by the total number of days in the control period, and

(B) Rounded to the nearest allowance. (2) The designated representative shall ensure that the compliance account of the source that includes the TR NO X Ozone Season opt-in unit that becomes a TR NO X Ozone Season unit under § 97.504 contains the TR NO X Ozone Season allowances necessary for completion of the deduction under paragraph (b)(1) of this section.

(3)(i) For control periods starting after the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504, the TR NO X Ozone Season opt-in unit will be allocated TR NO X Ozone Season allowances in accordance with § 97.512.

(ii) If the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504 is not September 30, the following amount of TR NO X Ozone Season allowances will be allocated to the TR NO X Ozone Season opt-in unit (as a TR NO X Ozone Season unit) in accordance with § 97.512 for the control period that includes the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504:

(A) The amount of TR NO X Ozone Season allowances otherwise allocated to the TR NO X Ozone Season opt-in unit (as a TR NO X Ozone Season unit) in accordance with § 97.512 for the control period;


### 45417 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (B) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR NO X Ozone Season opt-in unit becomes a TR NO X Ozone Season unit under § 97.504, divided by the total number of days in the control period; and

(C) Rounded to the nearest allowance. **§ 97.544 TR NO** X **Ozone Season allowance allocations to TR NO**  X **Ozone Season opt-in units.** 

(a) Timing requirements. (1) When the TR opt-in application is approved for a unit under § 97.541(g), the Administrator will issue TR NO X Ozone Season allowances and allocate them to the unit for the control period in which the unit enters the TR NO X Ozone Season Trading Program under § 97.541(h), in accordance with paragraph (b) of this section.

(2) By no later than July 30 of the control period after the control period in which a TR NO X Ozone Season opt-in unit enters the TR NO X Ozone Season Trading Program under § 97.541(h) and July 30 of each year thereafter, the Administrator will issue TR NO X Ozone Season allowances and allocate them to the TR NO X Ozone Season opt-in unit for the control period that includes such allocation deadline and in which the unit is a TR NO X Ozone Season opt-in unit, in accordance with paragraph (b) of this section.

(b) Calculation of allocation. For each control period for which a TR NO X Ozone Season opt-in unit is to be allocated TR NO X Ozone Season allowances, the Administrator will issue and allocate TR NO X Ozone Season allowances in accordance with the following procedures:

(1) The heat input (in mmBtu) used for calculating the TR NO X Ozone Season allowance allocation will be the lesser of:

(i) The TR NO X Ozone Season opt-in unit’s baseline heat input determined under § 97.541(g); or

(ii) The TR NO X Ozone Season opt-in unit’s heat input, as determined in accordance with §§ 97.530 through 97.535, for the immediately prior control period, except when the allocation is being calculated for the control period in which the TR NO X Ozone Season opt-in unit enters the TR NO X Ozone Season Trading Program under § 97.541(h).

(2) The NO X emission rate (in lb/ mmBtu) used for calculating TR NO X Ozone Season allowance allocations will be the lesser of:

(i) The TR NO X Ozone Season opt-in unit’s baseline NO X emission rate (in lb/ mmBtu) determined under § 97.541(g) and multiplied by 70 percent; or (ii) The most stringent State or Federal NO X emissions limitation applicable to the TR NO X Ozone Season opt-in unit at any time during the control period for which TR NO X Ozone Season allowances are to be allocated.

(3) The Administrator will issue TR NO X Ozone Season allowances and allocate them to the TR NO X Ozone Season opt-in unit in an amount equaling the heat input under paragraph (b)(1) of this section, multiplied by the NO X emission rate under paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded to the nearest allowance.

(c) Recordation. (1) The Administrator will record, in the compliance account of the source that includes the TR NO X Ozone Season opt-in unit, the TR NO X Ozone Season allowances allocated to the TR NO X Ozone Season opt-in unit under paragraph (a)(1) of this section.

(2) By September 1 of the control period after the control period in which a TR NO X Ozone Season opt-in unit enters the TR NO X Ozone Season Trading Program under § 97.541(h) and September 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the TR NO X Ozone Season optin unit, the TR NO X Ozone Season allowances allocated to the TR NO X Ozone Season opt-in unit under paragraph (a)(2) of this section.

37. Part 97 is amended by adding subpart CCCCC to read as follows: **Subpart CCCCC—TR SO** 2 **Group 1 Trading Program**  Sec. 97.601 Purpose. 97.602 Definitions. 97.603 Measurements, abbreviations, and acronyms. 97.604 Applicability. 97.605 Retired unit exemption. 97.606 Standard requirements. 97.607 Computation of time. 97.608 Administrative appeal procedures. 97.609 [Reserved] 97.610 State SO 2 Group 1 trading budgets, new-unit set- asides, and variability limits. 97.611 Timing requirements for TR SO 2 Group 1 allowance allocations. 97.612 TR SO 2 Group 1 allowance allocations for new units. 97.613 Authorization of designated representative and alternate designated representative. 97.614 Responsibilities of designated representative and alternate designated representative. 97.615 Changing designated representative and alternate designated representative; changes in owners and operators. 97.616 Certificate of representation. 97.617 Objections concerning designated representative and alternate designated representative. 97.618 Delegation by designated representative and alternate designated representative. 97.619 [Reserved] 97.620 Establishment of Allowance Management System accounts. 97.621 Recordation of TR SO 2 Group 1 allowance allocations. 97.622 Submission of TR SO 2 Group 1 allowance transfers. 97.623 Recordation of TR SO 2 Group 1 allowance transfers. 97.624 Compliance with TR SO 2 Group 1 emissions limitation. 97.625 Compliance with TR SO 2 Group 1 assurance provisions. 97.626 Banking. 97.627 Account error. 97.628 Administrator’s action on submissions. 97.629 [Reserved] 97.630 General monitoring, recordkeeping, and reporting requirements. 97.631 Initial monitoring system certification and recertification procedures. 97.632 Monitoring system out-of-control periods. 97.633 Notifications concerning monitoring. 97.634 Recordkeeping and reporting. 97.635 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. 97.640 General requirements for TR SO 2 Group 1 opt-in units. 97.641 Opt-in process. 97.642 Withdrawal of TR SO 2 Group 1 optin unit from TR SO 2 Group 1 Trading Program. 97.643 Change in regulatory status. 97.644 TR SO 2 Group 1 allowance allocations to TR SO 2 Group 1 opt-in units. **Subpart CCCCC—TR SO** 2 **Group 1 Trading Program**  **§ 97.601 Purpose.**

This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Transport Rule (TR) SO 2 Group 1 Trading Program, under section 110 of the Clean Air Act and § 52.38(b) of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. **§ 97.602 Definitions.**

The terms used in this subpart shall have the meanings set forth in this section as follows:

Acid Rain Program means a multistate SO 2 and NO X air pollution control and emission reduction program established by the Administrator under title IV of the Clean Air Act and parts 72 through 78 of this chapter.

Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor) of the United


### 45418 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.

Allocate or allocation means, with regard to TR SO 2 Group 1 allowances, the determination by the Administrator of the amount of such TR SO 2 Group 1 allowances to be initially credited to a TR SO 2 Group 1 source or a new unit set-aside.

Allowable SO 2 emission rate means, with regard to a unit, the SO 2 emission rate limit that is applicable to the unit and covers the longest averaging period not exceeding one year.

Allowance Management System means the system by which the Administrator records allocations, deductions, and transfers of TR SO 2 Group 1 allowances under the TR SO 2 Group 1 Trading Program. Such allowances are allocated, held, deducted, or transferred only as whole allowances. The Allowance Management System is a component of the CAMD Business System, which is the system used by the Administrator to handle TR SO 2 Group 1 allowances and data related to SO 2 emissions.

Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, holding, transfer, or deduction of TR SO 2 Group 1 allowances.

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 after such control period and is the deadline by which a TR SO 2 Group 1 allowance transfer must be submitted for recordation in a TR SO 2 Group 1 source’s compliance account in order to be available for use in complying with the source’s TR SO 2 Group 1 Annual emissions limitation for such control period in accordance with § 97.624.

Alternate designated representative means, for a TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to act on behalf of the designated representative in matters pertaining to the TR SO 2 Group 1 Trading Program. If the TR SO 2 Group 1 source is also subject to the Acid Rain Program, TR NO X Annual Season Trading Program, or TR NO X Ozone Season Trading Program, then this natural person shall be the same natural person as the alternate designated representative as defined in § 72.2 of this chapter, § 97.402, or § 97.502 respectively.

Authorized account representative means, with regard to a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of TR SO 2 Group 1 allowances held in the general account and, with regard to a TR SO 2 Group 1 source’s compliance account, the designated representative of the source.

Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.

Biomass means— (1) Any organic material grown for the purpose of being converted to energy;

(2) Any organic byproduct of agriculture that can be converted into energy; or

(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is;

(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or

(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.

Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

Certifying official means a natural person who is:

(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions for the corporation; (2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or

(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.

Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.

Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.

Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

Coal-fired means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during 1990 or any year thereafter.

Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a steam turbine generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.

Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine—

(1) Operating as part of a cogeneration system; and

(2) Producing during the later of 1990 or the 12-month period starting on the date that the unit first produces electricity and during each calendar year after the later of 1990 or the calendar year in which the unit first produces electricity—

(i) For a topping-cycle unit, (A) Useful thermal energy not less than 5 percent of total energy output; and

(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.

(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and

(4) Provided that, if a topping-cycle unit is operated as part of a cogeneration system during a calendar year and thecogeneration system meets on a systemwide basis the requirement in paragraph


### 45419 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules(2)(i)(B) of this definition, the toppingcycle unit shall be deemed to meet such requirement during that calendar year.

Combustion turbine means an enclosed device comprising:

(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated duct burner, heat recovery steam generator, and steam turbine.

Commence commercial operation means, with regard to a unit:

(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.605.

(i) For a unit that is a TR SO 2 Group 1 unit under § 97.604 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit that is a TR SO 2 Group 1 unit under § 97.604 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.605, for a unit that is not a TR SO 2 Group 1 unit under § 97.604 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in introductory text of paragraph (1) of this definition, the unit’s date for commencement of commercial operation shall be the date on which the unit becomes a TR SO 2 Group 1 unit under § 97.604.

(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

Commence operation means, with regard to a unit:

(1) To have begun any mechanical, chemical, or electronic process, including start-up of the unit’s combustion chamber.

(2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.

(3) For a unit that is replaced by a unit at the same source after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1), (2), or (3) of this definition as appropriate.

Common stack means a single flue through which emissions from 2 or more units are exhausted.

Compliance account means an Allowance Management System account, established by the Administrator for a TR SO 2 Group 1 source under this subpart, in which any TR SO 2 Group 1 allowance allocations for the TR SO 2 Group 1 units at the source are recorded and in which are held any TR SO 2 Group 1 allowances available for use for a control period in complying with the source’s TR SO 2 Group 1 emissions limitation in accordance with § 97.624 and the TR SO 2 Group 1 assurance provisions in accordance with § 97.625.

Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO 2 emissions, stack gas volumetric flow rate, stack gas moisture content, and O 2 or CO 2 concentration (as applicable), in a manner consistent with part 75 of this chapter and §§ 97.630 through 97.635. The following systems are the principal types of continuous emission monitoring systems:

(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);

(2) A SO 2 monitoring system, consisting of a SO 2 pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of SO 2 emissions, in parts per million (ppm);

(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 O;

(4) A CO 2 monitoring system, consisting of a CO 2 pollutant concentration monitor (or an O 2 monitor plus suitable mathematical equations from which the CO 2 concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO 2 emissions, in percent CO 2 ; and

(5) An O 2 monitoring system, consisting of an O 2 concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O 2 , in percent O 2 .

Control period means the period starting January 1 of a calendar year, except as provided in § 97.606(c)(3), and ending on December 31 of the same year, inclusive.

Designated representative means, for a TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to represent and legally bind each owner and operator in matters pertaining to the TR SO 2 Group 1 Trading Program. If the TR SO 2 Group 1 source is also subject to the Acid Rain Program, TR NO X Annual Trading Program, or TR NO X Ozone Season Trading Program, then this natural person shall be the same natural person as the designated representative, as defined in § 72.2 of this chapter, § 97.402, or § 97.502 respectively.


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Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart.

Excess emissions means any ton of SO 2 emitted from the TR SO 2 Group 1 units at a TR SO 2 Group 1 source during a control period that exceeds the TR SO 2 Group 1 emissions limitation for the source.

Fossil fuel means— (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or

(2) For purposes of applying §§ 97.604(b)(2)(i)(B), 97.604(b)(2)(ii)(B), and 97.604(b)(2)(iii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 1990 or any calendar year thereafter.

Fuel oil means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state.

General account means an Allowance Management System account, established under this subpart, that is not a compliance account.

Generator means a device that produces electricity.

Gross electrical output means, with regard to a unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Heat input means, with regard to a unit for a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in mmBtu/lb) multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.

Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:

(1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.

Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.

Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.

Newly affected TR SO 2 Group 1 unit means a unit that was not a TR SO 2 Group 1 unit when it began operating but that thereafter becomes a TR SO 2 Group 1 unit.

Operate or operation means, with regard to a unit, to combust fuel. Operator means any person who operates, controls, or supervises a TR SO 2 Group 1 unit or a TR SO 2 Group 1 source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

Owner means, with regard to a TR SO 2 Group 1 source or a TR SO 2 Group 1 unit at a source respectively, any of the following persons:

(1) Any holder of any portion of the legal or equitable title in a TR SO 2 Group 1 unit at the source or the TR SO 2 Group 1 unit;

(2) Any holder of a leasehold interest in a TR SO 2 Group 1 unit at the source or the TR SO 2 Group 1 unit, provided that, unless expressly provided for in a leasehold agreement, ‘‘ owner ’’ shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such TR SO 2 Group 1 unit;

(3) Any purchaser of power from a TR SO 2 Group 1 unit at the source or the TR SO 2 Group 1 unit under a life-of-theunit, firm power contractual arrangement;

(4) Provided that, for purposes of applying the TR SO 2 Group 1 assurance provisions in §§ 97.606(c)(2) and 97.625, if one or more owners (as defined in paragraphs (1) through (3) of this definition) of one or more TR SO 2 Group 1 units in a State are wholly owned by another, common owner, all such owners shall be treated collectively as a single owner in the State.

Owner’s assurance level means: (1) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.606(c)(2)(iii)(A) and not as described in § 97.606(c)(2)(iii)(B), the owner’s share of the State SO 2 Group 1 trading budget with the one-year variability limit for the State for such control period; or

(2) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.606(c)(2)(iii)(B), the owner’s share of the State SO 2 Group 1 trading budget with the three-year variability limit for the State for such control period.

Owner’s share means: (1) With regard to a total amount of SO 2 emissions from all TR SO 2 Group 1 units in a State during a control period, the total tonnage of SO 2 emissions during such control period from all of the owner’s TR SO 2 Group 1 units in the State;

(2) With regard to a State SO 2 Group 1 trading budget with a one-year variability limit for a control period, the


### 45421 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
amount (rounded to the nearest allowance) equal to the total amount of TR SO 2 Group 1 allowances allocated for such control period to all of the owner’s TR SO 2 Group 1 units in the State, multiplied by the sum of the State SO 2 Group 1 trading budget under § 97.610(a) and the State’s one-year variability limit under § 97.610(b) and divided by such State SO 2 Group 1 trading budget;

(3) With regard to a State SO 2 Group 1 trading budget with a three-year variability limit for a control period, the amount (rounded to the nearest allowance) equal to the total amount of TR SO 2 Group 1 allowances allocated for such control period to all of the owner’s TR SO 2 Group 1 units in the State, multiplied by the sum of the State SO 2 Group 1 trading budget under § 97.610(a) and the State’s three-year variability limit under § 97.610(b) and divided by such State SO 2 Group 1 trading budget;

(4) Provided that, in the case of a unit with more than one owner, the amount of tonnage of SO 2 emissions and of TR SO 2 Group 1 allowances allocated for a control period, with regard to such unit, used in determining each owner’s share shall be the amount (rounded to the nearest ton and the nearest allowance) equal to the unit’s SO 2 emissions and allocation of such allowances, respectively, for such control period multiplied by the percentage of ownership in the unit that the owner’s legal, equitable, leasehold, or contractual reservation or entitlement in the unit comprises as of December 31 of such control period;

(5) Provided that, where two or more units emit through a common stack that is the monitoring location from which SO 2 mass emissions are reported for a control period for a year, the amount of tonnage of each unit’s SO 2 emissions used in determining each owner’s share for such control period shall be:

(i) The amount (rounded to the nearest ton) of SO 2 emissions reported at the common stack multiplied by the quotient of such unit’s heat input for such control period divided by the total heat input reported from the common stack for such control period;

(ii) An amount determined in accordance with a methodology that the Administrator determines is consistent with the purposes of this definition and whose adverse effect (if any) the Administrator determines will be de minimis; or

(iii) An amount approved by the Administrator in response to a petition for an alternative requirement submitted in accordance with § 97.635; and (6) Provided that, in the case of a unit that operates during, but is allocated no TR SO 2 Group 1 allowances for, a control period, the unit shall be treated, solely for purposes of this definition, as being allocated an amount (rounded to the nearest allowance) of TR SO 2 Group 1 allowances for such control period equal to the lesser of—

(i) The unit’s allowable SO 2 emission rate (in lb per MWe) applicable to such control period, multiplied by a capacity factor of 0.84 (if the unit is a coal-fired boiler), 0.15 (if the unit is a simple combustion turbine), or 0.66 (if the unit is a combined cycle turbine), multiplied by the unit’s maximum hourly load as reported in accordance with this subpart and by 8,760 hours/control period, and divided by 2,000 lb/ton; or

(ii) For a unit listed in appendix A to this subpart, the sum of the unit’s SO 2 emissions in the control period in the last three years during which the unit operated during the control period, divided by three.

Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.

Permitting authority means ‘‘ permitting authority ’’ as defined in §§ 70.2 and 71.2 of this chapter.

Potential electrical output capacity means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/ kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.

Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.

Recordation, record, or recorded means, with regard to TR SO 2 Group 1 allowances, the moving of TR SO 2 Group 1 allowances by the Administrator into, out of, or between Allowance Management System accounts, for purposes of allocation, transfer, or deduction.

Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.

Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).

Sequential use of energy means: (1) For a topping-cycle unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(2) For a bottoming-cycle unit, the use of reject heat from useful thermal energy application or process in electricity production.

Serial number means, for a TR SO 2 Group 1 allowance, the unique identification number assigned to each TR SO 2 Group 1 allowance by the Administrator.

Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a ‘‘ solid waste incineration unit ’’ as defined in section 129(g)(1) of the Clean Air Act.

Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of ‘‘ major source ’’ , ‘‘ stationary source ’’ , or ‘‘ source ’’ as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.

State means one of the States or the District of Columbia that is subject to the TR SO 2 Group 1 Trading Program pursuant to § 52.38(b) of this chapter.

Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery;

(4) Provided that compliance with any
‘‘ submission ’’ or ‘‘ service ’’ deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

Total energy input means total energy of all forms supplied to a unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows: LHV = HHV ¥ 10.55(W + 9H) Where: LHV = lower heating value of the form of energy in Btu/lb,


### 45422 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output means the sum of useful power and useful thermal energy produced by the unit.

TR NO X Annual Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in accordance with subpart AAAAA and 52.37(a) of this chapter, as a means of mitigating interstate transport of fine particulates and NO X.

TR NO X Ozone Season Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in accordance with subpart BBBBB of this part and 52.37(b) of this chapter, as a means of mitigating interstate transport of ozone and NO X.

TR SO 2 Group 1 allowance means a limited authorization issued and allocated by the Administrator under this subpart to emit one ton of SO 2 during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the TR SO 2 Group 1 Trading Program.

TR SO 2 Group 1 allowance deduction or deduct TR SO 2 Group 1 allowances means the permanent withdrawal of TR SO 2 Group 1 allowances by the Administrator from a compliance account, e.g., in order to account for compliance with the TR SO 2 Group 1 emissions limitation or assurance provisions.

TR SO 2 Group 1 allowances held or hold TR SO 2 Group 1 allowances means the TR SO 2 Group 1 allowances treated as included in an Allowance Management System account as of a specified point in time because at that time they:

(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, TR SO 2 Group 1 allowance transfer in accordance with this subpart; and

(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, TR SO 2 Group 1 allowance transfer in accordance with this subpart.

TR SO 2 Group 1 emissions limitation means, for a TR SO 2 Group 1 source, the tonnage of SO 2 emissions authorized in a control period by the TR SO 2 Group 1 allowances available for deduction for the source under § 97.624(a) for such control period. TR SO 2 Group 1 source means a source that includes one or more TR SO 2 Group 1 units.

TR SO 2 Group 1 Trading Program means a multi-state SO 2 air pollution control and emission reduction program established by the Administrator in accordance with this subpart and 52.38(b) of this chapter, as a means of mitigating interstate transport of fine particulates and SO 2.

TR SO 2 Group 1 unit means a unit that is subject to the TR SO 2 Group 1 Trading Program under § 97.604.

Unit means a stationary, fossil-fuelfired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device.

Unit operating day means a calendar day in which a unit combusts any fuel.

Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.

Useful power means electricity or mechanical energy that a unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Useful thermal energy means thermal energy that is:

(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(2) Used in a heating application (e.g., space heating or domestic hot water heating); or

(3) Used in a space cooling application (i.e., in an absorption chiller).

Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. **§ 97.603 Measurements, abbreviations, and acronyms.** 

Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 —carbon dioxide H 2 O—water 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 **§ 97.604 Applicability.**

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

(1) The following units in a State shall be TR SO 2 Group 1 units, and any source that includes one or more such units shall be a TR SO 2 Group 1 source, subject to the requirements of this subpart: 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 TR SO 2 Group 1 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 TR SO 2 Group 1 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) Any unit in a State that otherwise is a TR SO 2 Group 1 unit under paragraph (a) of this section and that meets the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be a TR SO 2 Group 1 unit:

(1)(i) Any unit: (A) Qualifying as a cogeneration unit during the later of 1990 or 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 thelater of November 15, 1990 or the startup 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 later of 1990 or the 12- month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets such qualification and requirements, the unit shall become a TR SO 2 Group 1 unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (b)(1)(i)(B) of this section.


### 45423 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (2)(i) Any unit commencing operation before January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average annual fuel consumption of fossil fuel for 1985– 1987 less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(ii) Any unit commencing operation on or after January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average annual fuel consumption of fossil fuel for the first 3 calendar years of operation less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(iii) If a unit qualifies as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets such qualification and requirements, the unit shall become a TR SO 2 Group 1 unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average annual fuel consumption of fossil fuel of 20 percent or more.

(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR SO 2 Group 1 Trading Program to the unit or other equipment.

(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(2) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR SO 2 Group 1 Trading Program to the unit or other equipment shall be binding on any permitting authority unless the Administrator determines that the petition or other documents or information provided in connection with the petition contained significant, relevant errors or omissions. **§ 97.605 Retired unit exemption.**

(a)(1) Any TR SO 2 Group 1 unit that is permanently retired and is not a TR SO 2 Group 1 opt-in unit shall be exempt from § 97.606(b) and (c)(1), § 97.624, and §§ 97.630 through 97.635.

(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the TR SO 2 Group 1 unit is permanently retired. Within 30 days of the unit’s permanent retirement, the designated representative shall submit a statement to the Administrator. The statement shall state, in a format prescribed by the Administrator, that the unit was permanently retired on a specified date and will comply with the requirements of paragraph (b) of this section.

(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any SO 2 , 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 Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the TR SO 2 Group 1 Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. **§ 97.606 Standard requirements.**

(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.613 through 97.618.

(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source shall comply with the monitoring, reporting, and recordkeeping requirements of §§ 97.630 through 97.635.

(2) The emissions data determined in accordance with §§ 97.630 through 97.635 shall be used to calculate allocations of TR SO 2 Group 1 allowances under §§ 97.611(a)(2) and (b) and 97.612 and to determine compliance with the TR SO 2 Group 1 emissions limitation and assurance provisions under paragraph (c) of this section, provided that, for each monitoring location from which mass emissions are reported, the mass emissions amount used in calculating such allocations and determining such compliance shall be the mass emissions amount for the monitoring location determined in accordance with §§ 97.630 through 97.635 and rounded to the nearest ton, with any fraction of a ton less than 0.50 being deemed to be zero.

(c) SO 2 emissions requirements —(1) TR SO 2 Group 1 emissions limitation. (i) As of the allowance transfer deadline for


### 45424 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules a control period, the owners and operators of each TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source shall hold, in the source’s compliance account, TR SO 2 Group 1 allowances available for deduction for such control period under § 97.624(a) in an amount not less than the tons of total SO 2 emissions for such control period from all TR SO 2 Group 1 units at the source.

(ii) If a TR SO 2 Group 1 source emits SO 2 during any control period in excess of the TR SO 2 Group 1 emissions limitation set forth in paragraph (c)(1)(i) of this section, then:

(A) The owners and operators of the source and each TR SO 2 Group 1 unit at the source shall hold the TR SO 2 Group 1 allowances required for deduction under § 97.624(d) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act; and

(B) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(2) TR SO 2 Group 1 assurance provisions. (i) If the total amount of SO 2 emissions from all TR SO 2 Group 1 units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level as described in paragraph (c)(2)(iii) of this section, then each owner whose share of such SO 2 emissions during such control period exceeds the owner’s assurance level for the State and such control period shall hold, in a compliance account designated by the owner in accordance with § 97.625(b)(4)(ii), TR SO 2 Group 1 allowances available for deduction for such control period under § 97.625(a) in an amount equal to the product, as determined by the Administrator in accordance with § 97.625(b), of multiplying—

(A) The quotient (rounded to the nearest whole number) of the amount by which the owner’s share of such SO 2 emissions exceeds the owner’s assurance level divided by the sum of the amounts, determined for all such owners, by which each owner’s share of such SO 2 emissions exceeds that owner’s assurance level; and

(B) The amount by which total SO 2 emissions for all TR SO 2 Group 1 units in the State for such control period exceed the State assurance level as determined in accordance with paragraph (c)(2)(iii) of this section.

(ii) The owner shall hold the TR SO 2 Group 1 allowances required under paragraph (c)(2)(i) of this section, as of midnight of November 1 (if it is a business day), or midnight of the first business day thereafter (if November 1 is not a business day), immediately after such control period.

(iii) The total amount of SO 2 emissions from all TR SO 2 Group 1 units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level:

(A) If such total amount of SO 2 emissions exceeds the sum, for such control period, of the State SO 2 Group1 trading budget and the State’s oneyear variability limit under § 97.610(b); or (B) If, with regard to a control period in 2016 or any year thereafter, the sum, divided by three, of such total amount of SO 2 emissions and the total amounts of SO 2 emissions from all TR SO 2 Group 1 units in the State during the control periods in the immediately preceding two years exceeds the sum, for such control period, of the State SO 2 Group1 trading budget and the State’s threeyear variability limit under § 97.610(b);

(C) Provided that the amount by which such total amount of SO 2 emissions exceeds the State assurance level shall be the greater of the amounts of the exceedance calculated under paragraph (c)(2)(iii)(A) of this section and under paragraph (c)(2)(iii)(B) of this section.

(iv) It shall not be a violation of this subpart or of the Clean Air Act if the total amount of SO 2 emissions from all TR SO 2 Group 1 units in a State during a control period exceeds the State assurance level or if an owner’s share of total SO 2 emissions from the TR SO 2 Group 1 units in a State during a control period exceeds the owner’s assurance level.

(v) To the extent an owner fails to hold TR SO 2 Group 1 allowances for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section,

(A) The owner shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and

(B) Each TR SO 2 Group 1 allowance that the owner fails to hold for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(3) Compliance periods. A TR SO 2 Group 1 unit shall be subject to the requirements:

(i) Under paragraph (c)(1) of this section for the control period starting on the later of January 1, 2012 or the deadline for meeting the unit’s monitor certification requirements under § 97.630(b) and for each control period thereafter; and (ii) Under paragraph (c)(2) of this section for the control period starting on the later of January 1, 2014 or the deadline for meeting the unit’s monitor certification requirements under § 97.630(b) and for each control period thereafter.

(4) Vintage of deducted allowances. A TR SO 2 Group 1 allowance shall not be deducted, for compliance with the requirements under paragraphs (c)(1) and (2) of this section, for a control period in a calendar year before the year for which the TR SO 2 Group 1 allowance was allocated.

(5) Allowance Management System requirements. Each TR SO 2 Group 1 allowance shall be held in, deducted from, or transferred into, out of, or between Allowance Management System accounts in accordance with this subpart.

(6) Limited authorization. (i) A TR SO 2 Group 1 allowance is a limited authorization to emit one ton of SO 2 in accordance with the TR SO 2 Group 1 Trading Program.

(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.

(7) Property right. A TR SO 2 Group 1 allowance does not constitute a property right.

(d) Title V Permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of TR SO 2 Group 1 allowances in accordance with this subpart.

(2) A description of whether a unit is required to monitor and report SO 2 emissions using a continuous emission monitoring system (under §§ 75.10, 75.11, and 75.16 of this chapter), an excepted monitoring system (under appendix D to part 75 of this chapter), a low mass emissions excepted monitoring methodology (under § 75.19 of this chapter), or an alternative monitoring system (under subpart E of part 75 of this chapter) in accordance with §§ 97.630 through 97.635 may be added to, or changed in, a title V permit using minor permit modification procedures in accordance with §§ 70.7(e)(2) and 71.7(e)(1) of this chapter, provided that the requirements applicable to the described monitoring and reporting (as added or changed, respectively) are already incorporated in such permit. This paragraph explicitly provides that the addition of, or change to, a unit’s description as described in the prior sentence is eligible for minor


### 45425 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules permit modification procedures in accordance with §§ 70.7(e)(2)(i)(B) and 71.7(e)(1)(i)(B) of this chapter.

(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source shall keep on site at the source each of the following documents (in hardcopy or electronic format) for a period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the Administrator.

(i) The certificate of representation under § 97.616 for the designated representative for the source and each TR SO 2 Group 1 unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under § 97.616 changing the designated representative.

(ii) All emissions monitoring information, in accordance with this subpart.

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the TR SO 2 Group 1 Trading Program, including any monitoring plans and monitoring system certification and recertification applications.

(2) The designated representative of a TR SO 2 Group 1 source and each TR SO 2 Group 1 unit at the source shall make all submissions required under the TR SO 2 Group 1 Trading Program, including any submissions required for compliance with the TR SO 2 Group 1 assurance provisions. This requirement does not change, create an exemption from, or otherwise affect the responsible official submission requirements under a title V operating permit program in parts 70 and 71 of this chapter.

(f) Liability. (1) Any provision of the TR SO 2 Group 1 Trading Program that applies to a TR SO 2 Group 1 source or the designated representative of a TR SO 2 Group 1 source shall also apply to the owners and operators of such source and of the TR SO 2 Group 1 units at the source.

(2) Any provision of the TR SO 2 Group 1 Trading Program that applies to a TR SO 2 Group 1 unit or the designated representative of a TR SO 2 Group 1 unit shall also apply to the owners and operators of such unit.

(g) Effect on other authorities. No provision of the TR SO 2 Group 1 Trading Program or exemption under § 97.605 shall be construed as exempting or excluding the owners and operators, and the designated representative, of a TR SO 2 Group 1 source or TR SO 2 Group 1 unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act. **§ 97.607 Computation of time.**

(a) Unless otherwise stated, any time period scheduled, under the TR SO 2 Group 1 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 TR SO 2 Group 1 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 TR SO 2 Group 1 Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day. **§ 97.608 Administrative appeal procedures.** 

The administrative appeal procedures for decisions of the Administrator under the TR SO 2 Group 1 Trading Program are set forth in part 78 of this chapter. **§ 97.609 [Reserved] § 97.610 State SO**  2 **Group 1 trading budgets, new-unit set-asides, and variability**  **limits.**

(a) The State SO 2 Group 1 trading budgets and new-unit set-asides for allocations of TR SO 2 Group 1 allowances for the control periods in 2012 and thereafter are as follows:

State SO 2 Group 1 trading budget (tons) * New-unit set-aside (tons)

For 2012–2013 For 2014 and thereafter For 2012–2013 For 2014 and thereafter Georgia .................................................................................................... 233,260 85,717 6,998 2,572 Illinois ....................................................................................................... 208,957 151,530 6,269 4,546 Indiana ..................................................................................................... 400,378 201,412 12, 011 6,042 Iowa ......................................................................................................... 94,052 86,088 2,82 2 2,583 Kentucky .................................................................................................. 219,549 113,844 6,586 3,415 Michigan ................................................................................................... 251,337 155,675 7,54 0 4,670 Missouri .................................................................................................... 203,689 158,764 6,1 11 4,763 New York ................................................................................................. 66,542 42,041 1,996 1, 261 North Carolina .......................................................................................... 111,485 81,859 3,345 2, 456 Ohio ......................................................................................................... 464,964 178,307 13 ,949 5,349 Pennsylvania ............................................................................................ 388,612 141,693 11,658 4,251 Tennessee ............................................................................................... 100,007 100,007 3,000 3 ,000 Virginia ..................................................................................................... 72,595 40,785 2,17 8 1,224 West Virginia ............................................................................................ 205,422 119,016 6,163 3,570 Wisconsin ................................................................................................. 96,439 66,683 2,893 2 ,000 Total .................................................................................................. 3,117,288 1,723,421 93,5 19 51,703 * Without variability limits. (b) The States’ one-year and three-year variability limits for the State SO 2 Group 1 trading budgets for the control periods in 2014 and thereafter are as follows:


### 45426 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules

State One-year variability limits Three-year variability limits 2014 and thereafter

(tons) 2016 and thereafter

(tons) Georgia ........................................................................................................................ ........................ 8,572 4,949 Illinois ....................................................................................................................... ............................ 15,153 8,749 Indiana ........................................................................................................................ ......................... 20,141 11,629 Iowa ........................................................................................................................... .......................... 8,609 4,970 Kentucky ....................................................................................................................... ....................... 11,384 6,573 Michigan ....................................................................................................................... ........................ 15,568 8,988 Missouri ....................................................................................................................... ......................... 15,876 9,166 New York ....................................................................................................................... ...................... 4,204 2,427 North Carolina ................................................................................................................. ..................... 8,186 4,726 Ohio ........................................................................................................................... .......................... 17,831 10,295 Pennsylvania ................................................................................................................... ..................... 14,169 8,181 Tennessee ...................................................................................................................... ..................... 10,001 5,774 Virginia ....................................................................................................................... .......................... 4,079 2,355 West Virginia .................................................................................................................. ...................... 11,902 6,871 Wisconsin ...................................................................................................................... ....................... 6,668 3,850

**§ 97.611 Timing requirements for TR SO** 2 **Group 1 allowance allocations.**

(a) Existing units. (1) TR SO 2 Group 1 allowances are allocated, for the control periods in 2012 and each year thereafter, as set forth in appendix A to this subpart. Listing a unit in such appendix does not constitute a determination that the unit is a TR SO 2 Group 1 unit, and not listing a unit in such appendix does not constitute a determination that the unit is not a TR SO 2 Group 1 unit.

(2) Notwithstanding paragraph (a)(1) of this section, if a unit listed in appendix A to this subpart as being allocated TR SO 2 Group 1 allowances does not operate, starting after 2011, during the control period in three consecutive years, such unit will not be allocated the TR SO 2 Group 1 allowances set forth in appendix A to this subpart for the unit for the control periods in the seventh year after the first such year and in each year after that seventh year. All TR SO 2 Group 1 allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the respective years involved. If such unit resumes operation, the Administrator will allocate TR SO 2 Group 1 allowances to the unit in accordance with paragraph (b) of this section.

(b) New units. (1) By July 1, 2012 and July 1 of each year thereafter, the Administrator will calculate the TR SO 2 Group 1 allowance allocation for each TR SO 2 Group 1 unit, in accordance with § 97.612, for the control period in the year of the applicable calculation deadline under this paragraph and will promulgate a notice of availability of the results of the calculations.

(2) For each notice of data availability required in paragraph (b)(1) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations are in accordance with § 97.612 and §§ 97.606(b)(2) and 97.630 through 97.635.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By September 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(c) Units that are not TR SO 2 Group 1 units. For each control period in 2012 and thereafter, if the Administrator determines that TR SO 2 Group 1 allowances were allocated under paragraph (a) of this section for the control period to a recipient that is not actually a TR SO 2 Group 1 unit under § 97.604 as of January 1, 2012 or whose deadline for meeting monitor certification requirements under § 97.630(b)(1) and (2) is after January 1, 2012 or if the Administrator determines that TR SO 2 Group 1 allowances were allocated under paragraph (b) of this section and § 97.612 for the control period to a recipient that is not actually a TR SO 2 Group 1 unit under § 97.604 as of January 1 of the control period, then the Administrator will notify the designated representative and will act in accordance with the following procedures: (1) Except as provided in paragraph (c)(2) or (3) of this section, the Administrator will not record such TR SO 2 Group 1 allowances under § 97.621.

(2) If the Administrator already recorded such TR SO 2 Group 1 allowances under § 97.621 and if the Administrator makes such determination before making deductions for the source that includes such recipient under § 97.624(b) for such control period, then the Administrator will deduct from the account in which such TR SO 2 Group 1 allowances were recorded an amount of TR SO 2 Group 1 allowances allocated for the same or a prior control period equal to the amount of such already recorded TR SO 2 Group 1 allowances. The authorized account representative shall ensure that there are sufficient TR SO 2 Group 1 allowances in such account for completion of the deduction.

(3) If the Administrator already recorded such TR SO 2 Group 1 allowances under § 97.621 and if the Administrator makes such determination after making deductions for the source that includes such recipient under § 97.624(b) for such control period, then the Administrator will not make any deduction to take account of such already recorded TR SO 2 Group 1 allowances.

(4) The Administrator will transfer the TR SO 2 Group 1 allowances that are not recorded, or that are deducted, in accordance with paragraphs (c)(1) and(2) of this section to the new unit setaside, for the State in which such recipient is located, for the control period in the year of such transfer if the notice required in paragraph (b)(1) of this section for the control period in that year has not been promulgated or, if such notice has been promulgated, in the next year.


### 45427 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
**§ 97.612 TR SO** 2 **Group 1 allowance allocations for new units.** 

(a) For each control period in 2012 and thereafter, the Administrator will allocate, in accordance with the following procedures, TR SO 2 Group 1 allowances to TR SO 2 Group 1 units in a State that are not listed in appendix A to this subpart, to TR SO 2 Group 1 units that are so listed and whose allocation of SO 2 Group 1 allowances for such control period is covered by § 97.611(c)(1) or (2), and to TR SO 2 Group 1 units that are so listed and, pursuant to § 97.611(a)(2), are not allocated TR SO 2 Group 1 allowances for such control period but that operate during the immediately preceding control period:

(1) The Administrator will establish a separate new unit set-aside for each State for each control period in a given year. Each new unit set-aside will be allocated TR SO 2 Group 1 allowances in an amount equal to the applicable amount of tons of SO 2 emissions as setforth in § 97.610(a). Each new unit setaside will be allocated additional TR SO 2 Group 1 allowances in accordance with § 97.611(a)(2) and (c)(4).

(2) The designated representative of such TR SO 2 Group 1 unit may submit to the Administrator a request, in a format prescribed by the Administrator, to be allocated TR SO 2 Group 1 allowances for a control period, starting with the later of the control period in 2012, the first control period after the control period in which the TR SO 2 Group 1 unit commences commercial operation (for a unit not listed in appendix A to this subpart), or the first control period after the control period in which the unit resumes operation (for a unit listed in appendix A of this subpart) and for each subsequent control period.

(i) The request must be submitted on or before May 1 of the first control period for which TR SO 2 Group 1 allowances are sought and after the date on which the TR SO 2 Group 1 unit commences commercial operation (for a unit not listed in appendix A of this subpart) or on which the unit resumes operation (for a unit listed in appendix A of this subpart).

(ii) For each control period for which an allocation is sought, the request must be for TR SO 2 Group 1 allowances in an amount equal to the unit’s total tons of SO 2 emissions during the immediately preceding control period.

(3) The Administrator will review each TR SO 2 Group 1 allowance allocation request under paragraph (a)(2) of this section and will accept the request only if it meets the requirements of paragraph (a)(2) of this section. The Administrator will allocate TR SO 2 Group 1 allowances for each control period pursuant to an accepted request as follows:

(i) After May 1 of such control period, the Administrator will determine the sum of the TR SO 2 Group 1 allowances requested in all accepted allowance allocation requests for such control period.

(ii) If the amount of TR SO 2 Group 1 allowances in the new unit set-aside for such control period is greater than or equal to the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate the amount of TR SO 2 Group 1 allowances requested to each TR SO 2 Group 1 unit covered by an accepted allowance allocation request.

(iii) If the amount of TR SO 2 Group 1 allowances in the new unit set-aside for such control period is less than the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate to each TR SO 2 Group 1 unit covered by an accepted allowance allocation request the amount of the TR SO 2 Group 1 allowances requested, multiplied by the amount of TR SO 2 Group 1 allowances in the new unit set-aside for such control period, divided by the sum determined under paragraph (a)(3)(i) of this section, and rounded to the nearest allowance.

(iv) The Administrator will notify, through the promulgation of the notices of data availability described in § 97.611(b), each designated representative that submitted an allowance allocation request of the amount of TR SO 2 Group 1 allowances (if any) allocated for such control period to the TR SO 2 Group 1 unit covered by the request.

(b) If, after completion of the procedures under paragraph (a)(4) of this section for a control period, any unallocated TR SO 2 Group 1 allowances remain in the new unit set-aside under paragraph (a) of this section for a State for such control period, the Administrator will allocate to each TR SO 2 Group 1 unit that is in the State, is listed in appendix A to this subpart, and continues to be allocated TR SO 2 Group 1 allowances for such control period in accordance with § 97.611(a)(2), an amount of TR SO 2 Group 1 allowances equal to the following: The total amount of such remaining unallocated TR SO 2 Group 1 allowances in such new unit set-aside, multiplied by the unit’s allocation under § 97.611(a) for such control period, divided by the remainder of the amount of tons in the applicable State SO 2 Group 1 trading budget minus the amount of tons in such new unit set-aside, and rounded to the nearest allowance. **§ 97.613 Authorization of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.615, each TR SO 2 Group 1 source, including all TR SO 2 Group 1 units at the source, shall have one and only one designated representative, with regard to all matters under the TR SO 2 Group 1 Trading Program.

(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR SO 2 Group 1 units at the source and shall act in accordance with the certification statement in § 97.616(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616:

(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each TR SO 2 Group 1 unit at the source in all matters pertaining to the TR SO 2 Group 1 Trading Program, notwithstanding any agreement between the designated representative and such owners and operators; and

(ii) The owners and operators of the source and each TR SO 2 Group 1 unit at the source shall be bound by any decision or order issued to the designated representative by the Administrator regarding the source or any such unit.

(b) Except as provided under § 97.615, each TR SO 2 Group 1 source may have one and only one alternate designated representative, who may act on behalf of the designated representative. The agreement by which the alternate designated representative is selected shall include a procedure for authorizing the alternate designated representative to act in lieu of the designated representative.

(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR SO 2 Group 1 units at the source and shall act in accordance with the certification statement in § 97.616(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.616,

(i) The alternate designated representative shall be authorized;

(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action,


### 45428 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules inaction, or submission by the designated representative; and

(iii) The owners and operators of the source and each TR SO 2 Group 1 unit at the source shall be bound by any decision or order issued to the alternate designated representative by the Administrator regarding the source or any such unit. (c) Except in this section, § 97.602, and §§ 97.614 through 97.618, whenever the term ‘‘ designated representative ’’ is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. **§ 97.614 Responsibilities of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.618 concerning delegation of authority to make submissions, each submission under the TR SO 2 Group 1 Trading Program shall be made, signed, and certified by the designated representative or alternate designated representative for each TR SO 2 Group 1 source and TR SO 2 Group 1 unit for which the submission is made. Each such submission shall include the following certification statement by the designated representative or alternate designated representative: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(b) The Administrator will accept or act on a submission made for a TR SO 2 Group 1 source or a TR SO 2 Group 1 unit only if the submission has been made, signed, and certified in accordance with paragraph (a) of this section and § 97.618. **§ 97.615 Changing designated representative and alternate designated**  **representative; changes in owners and operators.** 

(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.616. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the TR SO 2 Group 1 source and the TR SO 2 Group 1 units at the source.

(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.616. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the TR SO 2 Group 1 source and the TR SO 2 Group 1 units at the source.

(c) Changes in owners and operators. (1) In the event an owner or operator of a TR SO 2 Group 1 source or a TR SO 2 Group 1 unit is not included in the list of owners and operators in the certificate of representation under § 97.616, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternate designated representative of the source or unit, and the decisions and orders of the Administrator, as if the owner or operator were included in such list.

(2) Within 30 days after any change in the owners and operators of a TR SO 2 Group 1 source or a TR SO 2 Group 1 unit, including the addition of a new owner or operator, the designated representative or any alternate designated representative shall submit a revision to the certificate of representation under § 97.616 amending the list of owners and operators to include the change. **§ 97.616 Certificate of representation.**

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

(1) Identification of the TR SO 2 Group 1 source, and each TR SO 2 Group 1 unit at the source, for which the certificate of representation is submitted, including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, unit identification number and type, identification number and nameplate capacity (in MWe rounded to the nearest tenth) of each generator served by each such unit, and actual or projected date of commencement of commercial operation.

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

(3) A list of the owners and operators of the TR SO 2 Group 1 source and of each TR SO 2 Group 1 unit at the source.

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

(i) ‘‘ I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each TR SO 2 Group 1 unit at the source. ’’

(ii) ‘‘ I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR SO 2 Group 1 Trading Program on behalf of the owners and operators of the source and of each TR SO 2 Group 1 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 order issued to me by the Administrator regarding the source or unit. ’’

(iii) ‘‘ Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a TR SO 2 Group 1 unit, or where a utility or industrial customer purchases power from a TR SO 2 Group 1 unit under a life-of-theunit, firm power contractual arrangement, I certify that: I have given a written notice of my selection as the ‘designated representative’ or ‘alternate designated representative’, as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each TR SO 2 Group 1 unit at the source; and TR SO 2 Group 1 allowances and proceeds of transactions involving TR SO 2 Group 1 allowances will be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of TR SO 2 Group 1 allowances by contract, TR SO 2 Group 1 allowances and proceeds of transactions involving TR SO 2 Group 1 allowances will be deemed to be held or


### 45429 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
distributed in accordance with the contract. ’’

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

(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. **§ 97.617 Objections concerning designated representative and alternate**  **designated representative.**

(a) Once a complete certificate of representation under § 97.616 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.616 is received by the Administrator.

(b) Except as provided in § 97.615(a) or (b), no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the TR SO 2 Group 1 Trading Program.

(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of TR SO 2 Group 1 allowance transfers. **§ 97.618 Delegation by designated representative and alternate designated**  **representative.**

(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;

(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an
‘‘ agent ’’ );

(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and

(4) The following certification statements by such designated representative or alternate designated representative:

(i) ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.618(d) shall be deemed to be an electronic submission by me. ’’

(ii) ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.618(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.618 is terminated. ’’

.

(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation. **§ 97.619 [Reserved] § 97.620 Establishment of Allowance**  **Management System accounts.**

(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.616, the Administrator will establish a compliance account for the TR SO 2 Group 1 source for which the certificate of representation was submitted, unless the source already has a compliance account. The designated representative and any alternate designated representative of the source shall be the authorized account representative and the alternate authorized account representative respectively of the 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 TR SO 2 Group 1 allowances, by submitting to the Administrator a complete application for a general account. Such application shall designate one and only one authorized account representative and may designate one and only one alternate authorized account representative who may act on behalf of the authorized account representative.

(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to TR SO 2 Group 1 allowances held in the general account.

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

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

(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;

(B) An identifying name for the general account;

(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to


### 45430 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules represent their ownership interest with respect to the TR SO 2 Group 1 allowances held in the general account;

(D) The following certification statement by the authorized account representative and any alternate authorized account representative: ‘‘ I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to TR SO 2 Group 1 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR SO 2 Group 1 Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator regarding the general account. ’’

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

(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted and upon and after such receipt by the Administrator:

(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to TR SO 2 Group 1 allowances held in the general account in all matters pertaining to the TR SO 2 Group 1 Trading Program, notwithstanding any agreement between the authorized account representative and such person.

(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to TR SO 2 Group 1 allowances held in the general account shall be bound by any order or decision issued to the authorized account representative or alternate authorized account representative by the Administrator regarding the general account. (ii) Except as provided in paragraph (b)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to TR SO 2 Group 1 allowances held in the general account. Each such submission shall include the following certification statement by the authorized account representative or any alternate authorized account representative: ‘‘ I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the TR SO 2 Group 1 allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(iii) Except in this section, whenever the term ‘‘ authorized account representative ’’ is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.

(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the TR SO 2 Group 1 allowances in the general account.

(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the TR SO 2 Group 1 allowances in the general account.

(iii)(A) In the event a person having an ownership interest with respect to TR SO 2 Group 1 allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the authorized account representative and any alternate authorized account representative of the account, and the decisions and orders of the Administrator, as if the person were included in such list.

(B) Within 30 days after any change in the persons having an ownership interest with respect to SO 2 Group 1 allowances in the general account, including the addition of a new person, the authorized account representative or any alternate authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the TR SO 2 Group 1 allowances in the general account to include the change.

(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (b)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (b)(1) of this section is received by the Administrator.

(ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any


### 45431 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the TR SO 2 Group 1 Trading Program.

(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of TR SO 2 Group 1 allowance transfers.

(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;

(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an ‘‘ agent ’’ );

(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;

(D) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(b)(5)(iv) shall be deemed to be an electronic submission by me. ’’ ; and

(E) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.620(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.620(b)(5) is terminated. ’’

.

(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.

(6)(i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted TR SO 2 Group 1 allowance transfer under § 97.622 for any TR SO 2 Group 1 allowances in the account to one or more other Allowance Management System accounts.

(ii) If a general account has no TR SO 2 Group 1 allowance transfers to or from the account for a 12-month period or longer and does not contain any TR SO 2 Group 1 allowances, the Administrator may notify the authorized account representative for the account that the account will be closed after 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 TR SO 2 Group 1 allowance transfer under § 97.622 to the account or a statement submitted by the authorized account representative or alternate authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed.

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

(d) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of an Allowance Management System account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of TR SO 2 Group 1 allowances in the account, only if the submission has been made, signed, and certified in accordance with §§ 97.614(a) and 97.618 or paragraphs (b)(2)(ii) and (b)(5) of this section. **§ 97.621 Recordation of TR SO** 2 **Group 1 allowance allocations.** 

(a) By September 1, 2011, the Administrator will record in each TR SO 2 Group 1 source’s compliance account the TR SO 2 Group 1 allowances allocated for the TR SO 2 Group 1 units at the source in accordance with §§ 97.611(a) for the control periods in 2012, 2013, and 2014.

(b) By June 1, 2012 and June 1 of each year thereafter, the Administrator will record in each TR SO 2 Group 1 source’s compliance account the TR SO 2 Group 1 allowances allocated for the TR SO 2 Group 1 units at the source in accordance with § 97.611(a) for the control period in the third year after the year of the applicable recordation deadline under this paragraph.

(c) By September 1, 2012 and September 1 of each year thereafter, the Administrator will record in each TR SO 2 Group 1 source’s compliance account the TR SO 2 Group 1 allowances allocated for the TR SO 2 Group 1 units at the source in accordance with § 97.612 for the control period in the year of the applicable recordation deadline under this paragraph.

(d) When recording the allocation of TR SO 2 Group 1 allowances for a TR


### 45432 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules

SO 2 Group 1 unit in a compliance account, the Administrator will assign each TR SO 2 Group 1 allowance a unique identification number that will include digits identifying the year of the control period for which the TR SO 2 Group 1 allowance is allocated. **§ 97.622 Submission of TR SO** 2 **Group 1 allowance transfers.** 

(a) An authorized account representative seeking recordation of a TR SO 2 Group 1 allowance transfer shall submit the transfer to the Administrator.

(b) A TR SO 2 Group 1 allowance transfer shall be correctly submitted if:

(1) The transfer includes the following elements, in a format prescribed by the Administrator:

(i) The account numbers established by the Administrator for both the transferor and transferee accounts;

(ii) The serial number of each TR SO 2 Group 1 allowance that is in the transferor account and is to be transferred; and

(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and

(2) When the Administrator attempts to record the transfer, the transferor account includes each TR SO 2 Group 1 allowance identified by serial number in the transfer. **§ 97.623 Recordation of TR SO** 2 **Group 1 allowance transfers.** 

(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a TR SO 2 Group 1 allowance transfer, the Administrator will record a TR SO 2 Group 1 allowance transfer by moving each TR SO 2 Group 1 allowance from the transferor account to the transferee account as specified by the request, provided that the transfer is correctly submitted under § 97.622.

(b)(1) A TR SO 2 Group 1 allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any TR SO 2 Group 1 allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under § 97.624 for the control period immediately before such allowance transfer deadline.

(2) A TR SO 2 Group 1 allowance transfer that is submitted for recordation after the deadline for holding TR SO 2 Group 1 allowances described in § 97.625(b)(5) and that includes any TR SO 2 Group 1 allowances allocated for a control period before the year of such deadline will not be recorded until after the Administrator completes the deductions under § 97.625 for the control period immediately before the year of such deadline.

(c) Where a TR SO 2 Group 1 allowance transfer is not correctly submitted under § 97.622, the Administrator will not record such transfer.

(d) Within 5 business days of recordation of a TR SO 2 Group 1 allowance transfer under paragraphs (a) and (b) of the section, the Administrator will notify the authorized account representatives of both the transferor and transferee accounts.

(e) Within 10 business days of receipt of a TR SO 2 Group 1 allowance transfer that is not correctly submitted under § 97.622, the Administrator will notify the 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 nonrecordation. **§ 97.624 Compliance with TR SO** 2 **Group 1 emissions limitation.** 

(a) Availability for deduction for compliance. TR SO 2 Group 1 allowances are available to be deducted for compliance with a source’s TR SO 2 Group 1 emissions limitation for a control period in a given year only if the TR SO 2 Group 1 allowances:

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

(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.

(b) Deductions for compliance . After the recordation, in accordance with § 97.623, of TR SO 2 Group 1 allowance transfers submitted by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account TR SO 2 Group 1 allowances available under paragraph (a) of this section in order to determine whether the source meets the TR SO 2 Group 1 emissions limitation for such control period, as follows:

(1) Until the amount of TR SO 2 Group 1 allowances deducted equals the number of tons of total SO 2 emissions from all TR SO 2 Group 1 units at the source for such control period; or

(2) If there are insufficient TR SO 2 Group 1 allowances to complete the deductions in paragraph (b)(1) of this section, until no more TR SO 2 Group 1 allowances available under paragraph (a) of this section remain in the compliance account.

(c)(1) Identification of TR SO 2 Group 1 allowances by serial number. The authorized account representative for a source’s compliance account may request that specific TR SO 2 Group 1 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. In order to be complete, such request shall be submitted to the Administrator by the allowance transfer deadline for such control period and include, in a format prescribed by the Administrator, the identification of the TR SO 2 Group 1 source and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR SO 2 Group 1 allowances under paragraph (b) or (d) of this section from the source’s compliance account in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR SO 2 Group 1 allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR SO 2 Group 1 allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR SO 2 Group 1 allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the TR SO 2 Group 1 source has excess emissions, the Administrator will deduct from the source’s compliance account an amount of TR SO 2 Group 1 allowances, allocated for the control period in the immediately following year, equal to two times the number of tons of the source’s excess emissions.

(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section. **§ 97.625 Compliance with TR SO** 2 **Group 1 assurance provisions.** 

(a) Availability for deduction. TR SO 2 Group 1 allowances are available to be deducted for compliance with the TR SO 2 Group 1 assurance provisions for a control period in a given year by an owner of one or more TR SO 2 Group 1 units in a State only if the TR SO 2 Group 1 allowances:

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

(2) Are held in a compliance account, designated by the owner in accordance


### 45433 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules with paragraph (b)(4)(ii) of this section, of one of the owner’s TR SO 2 Group 1 sources in the State as of the deadline established in paragraph (b)(5) of this section.

(b) Deductions for compliance. The Administrator will deduct TR SO 2 Group 1 allowances available under paragraph (a) of this section for compliance with the TR SO 2 Group 1 assurance provisions for a State for a control period in a given year in accordance with the following procedures:

(1) By June 1, 2015 and June 1 of each year thereafter, the Administrator will:

(i) Calculate, separately for each State, the total amount of SO 2 emissions from all TR SO 2 Group 1 units in the State during the control period in the year before the year of this calculation deadline and the amount, if any, by which such total amount of NO X emissions exceeds the State assurance level as described in § 97.606(c)(2)(iii); and

(ii) Promulgate a notice of availability of the results of the calculations required in paragraph (b)(1)(i) of this section, including separate calculations of the SO 2 emissions for each TR SO 2 Group 1 unit and of the amounts described in §§ 97.606(c)(2)(iii)(A) and (B) for each State.

(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice described in paragraph (b)(1) of this section.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each TR SO 2 Group 1 unit and each State for the control period in the year involved are in accordance with § 97.606(c)(2)(iii) and §§ 97.606(b) and 97.630 through 97.635.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By August 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(3) For each notice of data availability required in paragraph (b)(2)(ii) of this section and for any State identified in such notice as having TR SO 2 Group 1 sources with total SO 2 emissions exceeding the State assurance level for a control period, as described in § 97.606(c)(2)(iii): (i) By August 15 immediately after the promulgation of such notice, the designated representative of each TR SO 2 Group 1 source in each such State shall submit a statement, in a format prescribed by the Administrator:

(A) Listing all the owners of each TR SO 2 Group 1 unit at the source, explaining how the selection of each owner for inclusion on the list is consistent with the definition of
‘‘ owner ’’ in § 97.602, and listing, separately for each unit, the percentage of the legal, equitable, leasehold, or contractual reservation or entitlement for each such owner as of midnight of December 31 of the control period in the year involved; and

(B) For each TR SO 2 Group 1 unit at the source that operates during, but is allocated no TR SO 2 Group 1 allowances for, the control period in the year involved, identifying whether the unit is a coal-fired boiler, simple combustion turbine, or combined cycle turbine cycle and providing the unit’s allowable SO 2 emission rate for such control period.

(ii) By September 15 immediately after the promulgation of such notice, the Administrator will calculate, for each such State and each owner of one or more TR SO 2 Group 1 units in the State and for the control period in the year involved, each owner’s share of the total SO 2 emissions from all TR SO 2 Group 1 units in the State, each owner’s assurance level, and the amount (if any) of TR SO 2 Group 1 allowances that each owner must hold in accordance with the calculation formula in § 97.606(c)(2)(i) and will promulgate a notice of availability of the results of these calculations.

(iii) The Administrator will provide an opportunity for submission of objections to the calculations referenced by the notice of data availability required in paragraph (b)(3)(ii) of this section.

(A) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each owner for the control period in the year involved are consistent with the SO 2 emissions for the relevant TR SO 2 Group 1 units as set forth in the notice required in paragraph (b)(2)(ii) of this section, the definitions of ‘‘ owner ’’ , ‘‘ owner’s assurance level ’’ , and ‘‘ owner’s share ’’ in § 97.602, and the calculation formula in § 97.606(c)(2)(i) and shall not raise any issues about any data used in the notice of data availability required in paragraph (b)(2)(ii) of this section.

(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are consistent with the data and provisions referenced in paragraph (b)(3)(iii)(A) of this section. By November 15 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(3)(iii)(A) of this section.

(4) By December 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section:

(i) Each owner identified, in such notice, as owning one or more TR SO 2 Group 1 units in a State and as being required to hold TR SO 2 Group 1 allowances shall designate the compliance account of one of the sources at which such unit or units are located to hold such required TR SO 2 Group 1 allowances;

(ii) The authorized account representative for the compliance account designated under paragraph (b)(4)(i) of this section shall submit to the Administrator a statement, in a format prescribed by the Administrator, making this designation.

(5)(i) As of midnight of December 15 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section, each owner described in paragraph (b)(4)(i) of this section shall hold in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section the total amount of TR SO 2 Group 1 allowances, available for deduction under paragraph (a) of this section, equal to the amount the owner is required to hold as calculated by the Administrator and referenced in such notice.

(ii) Notwithstanding the allowanceholding deadline specified in paragraph (b)(5)(i) of this section, if December 15 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.

(6) After December 15 (or the date described in paragraph (b)(5)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section and after the recordation, in accordance with § 97.623, of TR SO 2 Group 1 allowance transfers submitted by midnight of such date, the Administrator will deduct from each compliance account designated in accordance with paragraph (b)(4)(ii) of this section, TR SO 2 Group 1 allowances available under paragraph (a) of this section, as follows:

(i) Until the amount of TR SO 2 Group 1 allowances deducted equals the


### 45434 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules amount that the owner designating the compliance account is required to hold as calculated by the Administrator and referenced in the notice required in paragraph (b)(3)(iii)(B) of this section; or

(ii) If there are insufficient TR SO 2 Group 1 allowances to complete the deductions in paragraph (b)(6)(i) of this section, until no more TR SO 2 Group 1 allowances available under paragraph (a) of this section remain in the compliance account.

(7) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notices of data availability required in paragraphs (b)(2)(ii) and (b)(3)(iii)(B) of this section respectively for a control period, of any data used in making the calculations referenced in such notice, the amount of TR SO 2 Group 1 allowances that each owner is required to hold in accordance with § 97.606(c)(2)(i) for the control period in the year involved shall continue to be such amount as calculated by the Administrator and referenced in such notice required in paragraph (b)(3)(iii)(B) of this section, except as follows:

(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of TR SO 2 Group 1 allowances that owners are required to hold in accordance with the calculation formula in § 97.606(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that—

(A) With regard to such litigation involving such notice required in paragraph (b)(2)(ii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(2)(ii) of this section; and

(B) With regard to such litigation involving such notice required in paragraph (b)(3)(iii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii) of this section. (ii) If any such data are revised by the owners and operators of a source whose designated representative submitted such data under paragraph (b)(3)(i) of this section, as a result of a decision in or settlement of litigation concerning such submission, then the Administrator will use the data as so revised to recalculate the amounts of TR SO 2 Group 1 allowances that owners are required to hold in accordance with the calculation formula in § 97.606(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that such litigation was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii)(B) of this section.

(iii) If the revised data are used to recalculate, in accordance with paragraphs (b)(7)(i) and (b)(7)(ii) of this section, the amount of TR SO 2 Group 1 allowances that an owner is required to hold for the control period in the year involved with regard to the State involved—

(A) Where the amount of TR SO 2 Group 1 allowances that an owner is required to hold increases as a result of the use of all such revised data, the Administrator will establish a new, reasonable deadline on which the owner shall hold the additional amount of TR SO 2 Group 1 allowances in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section. The owner’s failure to hold such additional amount, as required, before the new deadline shall not be a violation of the Clean Air Act. The owner’s failure to hold such additional amount, as required, as of the new deadline shall be a violation of the Clean Air Act. Each TR SO 2 Group 1 allowance that the owner fails to hold as required as of the new deadline, and each day in the control period in the year involved, shall be a separate violation of the Clean Air Act. After such deadline, the Administrator will make the appropriate deductions from the compliance account.

(B) For an owner for which the amount of TR SO 2 Group 1 allowances required to be held decreases as a result of the use of all such revised data, the Administrator will record, in the compliance account that the owner designated in accordance with paragraph (b)(4)(ii) of this section, an amount of TR SO 2 Group 1 allowances equal to the amount of the decrease to the extent such amount was previously deducted from the compliance account under paragraph (b)(6) of this section (and has not already been restored to the compliance account) for the control period in the year involved. (C) Each TR SO 2 Group 1 allowance held and deducted under paragraph (b)(7)(iii)(A) of this section, or recorded under paragraph (b)(7)(iii)(B) of this section, as a result of recalculation of requirements under the TR SO 2 Group 1 assurance provisions for a control period in a given year must be a TR SO 2 Group 1 allowance allocated for a control period in the same or a prior year.

(c)(1) Identification of TR SO 2 Group 1 allowances by serial number. The authorized account representative for each source’s compliance account designated in accordance with paragraph (b)(4)(ii) of this section may request that specific TR SO 2 Group 1 allowances, identified by serial number, in the compliance account be deducted in accordance with paragraph (b)(6) or (7) of this section. In order to be complete, such request shall be submitted to the Administrator by the allowance-holding deadline described in paragraph (b)(5) of this section and include, in a format prescribed by the Administrator, the identification of the compliance account and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR SO 2 Group 1 allowances under paragraphs (b)(6) and (7) of this section from each source’s compliance account designated under paragraph (b)(4)(ii) of this section in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR SO 2 Group 1 allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR SO 2 Group 1 allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR SO 2 Group 1 allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraph (b) of this section. **§ 97.626 Banking.**

(a) A TR SO 2 Group 1 allowance 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 TR SO 2 Group 1 allowance that is held in a compliance account or a general account will remain in such


### 45435 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
account unless and until the TR SO 2 Group 1 allowance is deducted or transferred under § 97.611(c), § 97.623, § 97.624, § 97.625, 97.627, 97.628, 97.642, or 97.643. **§ 97.627 Account error.**

The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. **§ 97.628 Administrator’s action on submissions.** 

(a) The Administrator may review and conduct independent audits concerning any submission under the TR SO 2 Group 1 Trading Program and make appropriate adjustments of the information in the submission.

(b) The Administrator may deduct TR SO 2 Group 1 allowances from or transfer TR SO 2 Group 1 allowances to a source’s compliance account based on the information in a submission, as adjusted under paragraph (a)(1) of this section, and record such deductions and transfers. **§ 97.629 [Reserved] § 97.630 General monitoring,**  **recordkeeping, and reporting requirements.**

The owners and operators, and to the extent applicable, the designated representative, of a TR SO 2 Group 1 unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and subparts F and G of part 75 of this chapter. For purposes of applying such requirements, the definitions in § 97.602 and in § 72.2 of this chapter shall apply, 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 ‘‘ TR SO 2 Group 1 unit, ’’ ‘‘ designated representative, ’’ and ‘‘ continuous emission monitoring system ’’ (or
‘‘ CEMS ’’ ) respectively as defined in § 97.602, and the term ‘‘ newly affected unit ’’ shall be deemed to mean ‘‘ newly affected TR SO 2 Group 1 unit. ’’ The owner or operator of a unit that is not a TR SO 2 Group 1 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 TR SO 2 Group 1 unit.

(a) Requirements for installation, certification, and data accounting. The owner or operator of each TR SO 2 Group 1 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 § 97.631 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and

(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.

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

(1) For the owner or operator of a TR SO 2 Group 1 unit that commences commercial operation before July 1, 2011, by January 1, 2012.

(2) For the owner or operator of a TR SO 2 Group 1 unit that commences commercial operation on or after July 1, 2011, by the later of the following dates:

(i) January 1, 2012; or (ii) 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.

(3) For the owner or operator of a TR SO 2 Group 1 unit for which construction of a new stack or flue or installation of add-on SO 2 emission controls is completed after the applicable deadline under paragraph (b)(1) or (2) of this section, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on SO 2 emissions controls.

(4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, by the date specified in § 97.641(c).

(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a TR SO 2 Group 1 opt-in unit, by the date on which the TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 1 Trading Program as provided in § 97.641(h).

(c) Reporting data. The owner or operator of a TR SO 2 Group 1 unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for SO 2 concentration, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine SO 2 mass emissions and heat input in accordance with § 75.31(b)(2) or (c)(3) of this chapter or section 2.4 of appendix D to part 75 of this chapter, as applicable.

(d) Prohibitions. (1) No owner or operator of a TR SO 2 Group 1 unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with § 97.635.

(2) No owner or operator of a TR SO 2 Group 1 unit shall operate the unit so as to discharge, or allow to be discharged, SO 2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter.

(3) No owner or operator of a TR SO 2 Group 1 unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording SO 2 mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this subpart and part 75 of this chapter.

(4) No owner or operator of a TR SO 2 Group 1 unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:

(i) During the period that the unit is covered by an exemption under § 97.605 that is in effect;

(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same


### 45436 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules pollutant or parameter as the retired or discontinued monitoring system; or

(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.631(d)(3)(i).

(e) Long-term cold storage. The owner or operator of a TR SO 2 Group 1 unit is subject to the applicable provisions of § 75.4(d) of this chapter concerning units in long-term cold storage. **§ 97.631 Initial monitoring system certification and recertification procedures.** 

(a) The owner or operator of a TR SO 2 Group 1 unit shall be exempt from the initial certification requirements of this section for a monitoring system under § 97.630(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 appendices B and D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.

(b) The recertification provisions of this section shall apply to a monitoring system under § 97.630(a)(1) 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 TR SO 2 Group 1 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 § 97.630(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 § 97.630(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under § 75.20 of this chapter by the applicable deadline in § 97.630(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.

(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.630(a)(1) that may significantly affect the ability of the system to accurately measure or record SO 2 mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of § 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with § 75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit’s operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with § 75.20(b) of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include: Replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system under § 97.630(a)(1) is subject to the recertification requirements in § 75.20(g)(6) of this chapter.

(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.630(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in §§ 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words
‘‘ certification ’’ and ‘‘ initial certification ’’ are replaced by the word
‘‘ recertification ’’ and the word ‘‘ certified ’’ is replaced by with the word
‘‘ recertified ’’

.

(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.633.

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

(iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with § 75.20(a)(3) of this chapter. A provisionally certified monitoring system may be used under the TR SO 2 Group 1 Trading Program for a period not to exceed 120 days after receipt by the Administrator of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Administrator does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the Administrator.

(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the TR SO 2 Group 1 Trading Program.

(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.

(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section. The 120-day


### 45437 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules review period specified in paragraph (d)(3) of this section shall not begin before receipt of a complete certification application.

(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).

(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.632(b).

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

(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter:

(1) For a disapproved SO 2 pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of SO 2 and the maximum potential flow rate, as defined in sections 2.1.1.1 and 2.1.4.1 of appendix A to part 75 of this chapter.

(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO 2 concentration or the minimum potential O 2 concentration (as applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to part 75 of this chapter.

(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter. (B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.

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

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

(f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. **§ 97.632 Monitoring system out-of-control periods.** 

(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or appendix D to part 75 of this chapter.

(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.631 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.631 for each disapproved monitoring system. **§ 97.633 Notifications concerning monitoring.** 

The designated representative of a TR SO 2 Group 1 unit shall submit written notice to the Administrator in accordance with § 75.61 of this chapter. **§ 97.634 Recordkeeping and reporting.**

(a) General provisions. The 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 § 97.614(a).

(b) Monitoring plans. The owner or operator of a TR SO 2 Group 1 unit shall comply with requirements of § 75.62 of this chapter.

(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.631, including the information required under § 75.63 of this chapter.

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

(1) The designated representative shall report the SO 2 mass emissions data and heat input data for the TR SO 2 Group 1 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, 2011, the calendar quarter covering January 1, 2012 through March 31, 2012;

(ii) For a unit that commences commercial operation on or after July 1, 2011, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.630(b), unless that quarter is the third or fourth quarter of 2011, in which case reporting shall


### 45438 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules commence in the quarter covering January 1, 2012 through March 31, 2012;

(iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, the calendar quarter corresponding to the date specified in § 97.641(c); and

(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a TR SO 2 Group 1 opt-in unit, the calendar quarter corresponding to the date on which the TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 1 Trading Program as provided in § 97.641(h).

(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter.

(3) For TR SO 2 Group 1 units that are also subject to the Acid Rain Program, TR NO X Annual Trading Program, or TR NO X Ozone Season Trading Program, quarterly reports shall include the applicable data and information required by subparts F through H of part 75 of this chapter as applicable, in addition to the SO 2 mass emission data, heat input data, and other information required by this subpart.

(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.

(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.

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

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

(2) For a unit with add-on SO 2 emission controls and for all hours where SO 2 data are substituted in accordance with § 75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate SO 2 emissions. **§ 97.635 Petitions for alternatives to monitoring, recordkeeping, or reporting**  **requirements.**

(a) The designated representative of a TR SO 2 Group 1 unit may submit a petition under § 75.66 of this chapter to the Administrator, requesting approval to apply an alternative to any requirement of §§ 97.630 through 97.634 or paragraph (5)(i) or (ii) of the definition of ‘‘ owner’s share ’’ in § 97.602.

(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(i) Identification of each unit and source covered by the petition;

(ii) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(iii) A description and diagram of any equipment and procedures used in the proposed alternative;

(iv) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and

(v) Any other relevant information that the Administrator may require.

(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. **§ 97.640 General requirements for TR SO** 2 **Group 1 opt-in units.**

(a) A TR SO 2 Group 1 opt-in unit must be a unit that:

(1) Is located in a State; (2) Is not a TR SO 2 Group 1 unit under § 97.604;

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

(4) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of this subpart.

(b) A TR SO 2 Group 1 opt-in unit shall be deemed to be a TR SO 2 Group 1 unit for purposes of applying this subpart, except for §§ 97.605, 97.611, and 97.612.

(c) Solely for purposes of applying the requirements of §§ 97.613 through 97.618 and §§ 97.630 through 97.635, a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved under § 97.642 shall be deemed to be a TR SO 2 Group 1 unit.

(d) Any TR SO 2 Group 1 opt-in unit, and any unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved under § 97.642, located at the same source as one or more TR SO 2 Group 1 units shall have the same designated representative and alternate designated representative as such TR SO 2 Group 1 units. **§ 97.641 Opt-in process.**

A unit meeting the requirements for a TR SO 2 Group 1 opt-in unit in § 97.640(a) may become a TR SO 2 Group 1 opt-in unit only if, in accordance with this section, the designated representative of the unit submits a complete TR opt-in application for the unit and the Administrator approves the application.

(a) Applying to opt-in. The designated representative of the unit may submit a complete TR opt-in application for the unit at any time, except as provided under § 97.642(e). A complete TR opt-in application shall include the following elements in a format prescribed by the Administrator:

(1) Identification of the unit and the source where the unit is located,


### 45439 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, and unit identification number and type;

(2) A certification that the unit: (i) Is not a TR SO 2 Group 1 unit under § 97.604;

(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 (greater than 0 mmBtu) for more than 876 hours during the 6 months immediately preceding submission of the TR opt-in application;

(3) A monitoring plan in accordance with §§ 97.630 through 97.635;

(4) A statement that the unit, if approved to become a TR SO 2 Group 1 unit under paragraph (g) of this section, may withdraw from the TR SO 2 Group 1 Trading Program only in accordance with § 97.642;

(5) A statement that the unit, if approved to become a TR SO 2 Group 1 unit under paragraph (g) of this section, is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.643;

(6) A complete certificate of representation under § 97.616 consistent with § 97.640, if no designated representative has been previously designated for the source that includes the unit; and

(7) The signature of the designated representative and the date signed.

(b) Interim review of monitoring plan. The Administrator will determine, on an interim basis, the sufficiency of the monitoring plan submitted under paragraph (a)(3) of this section. The monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the SO 2 emission rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with §§ 97.630 through 97.635. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.

(c) Monitoring and reporting. (1)(i) If the Administrator determines that the monitoring plan is sufficient under paragraph (b) of this section, the owner or operator of the unit shall monitor and report the SO 2 emission rate and the heat input of the unit and all other applicable parameters, in accordance with §§ 97.630 through 97.635, starting on the date of certification of the necessary monitoring systems under §§ 97.630 through 97.635 and continuing until the TR opt-in application submitted under paragraph (a) of this section is disapproved under this section or, if such TR opt-in application is approved, the date and time when the unit is withdrawn from the TR SO 2 Group 1 Trading Program in accordance with § 97.642.

(ii) The monitoring and reporting under paragraph (c)(1)(i) of this section shall cover the entire control period immediately before the date on which the unit enters the TR SO 2 Group 1 Trading Program under paragraph (h) of this section, during which period monitoring system availability must not be less than 98 percent under §§ 97.630 through 97.635 and the unit must be in full compliance with any applicableState or Federal emissions or emissionsrelated requirements.

(2) To the extent the SO 2 emission rate and the heat input of the unit are monitored and reported in accordance with §§ 97.630 through 97.635 for one or more entire control periods, in addition to the control period under paragraph (c)(1)(ii) of this section, during which control periods monitoring system availability is not less than 98 percent under §§ 97.630 through 97.635 and the unit is in full compliance with any applicable State or Federal emissions or emissions-related requirements and which control periods begin not more than 3 years before the unit enters the TR SO 2 Group 1 Trading Program under paragraph (h) of this section, such information shall be used as provided in paragraphs (e) and (f) of this section.

(d) Statement on compliance. After submitting to the Administrator all quarterly reports required for the unit under paragraph (c) of this section, the designated representative shall submit, in a format prescribed by the Administrator, to the Administrator a statement that, for the years covered by such quarterly reports, the unit was in full compliance with any applicableState or Federal emissions or emissionsrelated requirements.

(e) Baseline heat input. The unit’s baseline heat input shall equal:

(1) If the unit’s SO 2 emission rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s total heat input (in mmBtu) for such control period; or

(2) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, the average of the amounts of the unit’s total heat input (in mmBtu) for such control periods. (f) Baseline SO 2 emission rate. The unit’s baseline SO 2 emission rate shall equal:

(1) If the unit’s SO 2 emission rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s SO 2 emission rate (in lb/mmBtu) for such control period;

(2) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of thissection, and the unit does not have addon SO 2 emission controls during any such control periods, the average of the amounts of the unit’s SO 2 emission rate (in lb/mmBtu) for such control periods; or (3) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, and the unit has add-on SO 2 emission controls during any such control periods, the average of the amounts of the unit’s SO 2 emission rate (in lb/mmBtu) for such control periods during which the unit has add-on SO 2 emission controls.

(g) Review of TR opt-in application. (1) After the designated representative submits the complete TR opt-in application, quarterly reports, and statement required in paragraphs (a), (c), and (d) of this section and if the Administrator determines that the designated representative shows that the unit meets the requirements for a TR SO 2 Group 1 opt-in unit in § 97.640, the element certified in paragraph (a)(2)(iv) of this section, and the monitoring and reporting requirements of paragraph (c) of this section, the Administrator willissue a written approval of the TR optin application for the unit. The written approve will state the unit’s baseline heat input and baseline SO 2 emission rate. The Administrator will thereafter establish a compliance account for the source that includes the unit unless the source already has a compliance account.

(2) Notwithstanding paragraphs (a) through (f) of this section, if, at any time before the TR opt-in application is approved under paragraph (g)(1) of this section, the Administrator determines that the unit cannot meet the requirements for a TR SO 2 Group 1 opt-in unit in § 97.640, the element certified in paragraph (a)(2)(iv) of this section, or the monitoring and reporting requirements in paragraph (c) of this section, the Administrator will issue a written disapproval of the TR opt-in application for the unit.

(h) Date of entry into TR SO 2 Group 1 Trading Program. A unit for which a


### 45440 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules TR opt-in application is approved under paragraph (g)(1) of this section shall become a TR SO 2 Group 1 opt-in unit, and a TR SO 2 Group 1 unit, effective as of the later of January 1, 2012, or January 1 of the first control period during which such approval is issued. **§ 97.642 Withdrawal of TR SO** 2 **Group 1 opt-in unit from TR SO**  2 **Group 1 Trading Program.** 

A TR SO 2 Group 1 opt-in unit may withdraw from the TR SO 2 Group 1 Trading Program only if, in accordance with this section, the designated representative of the unit submits a request to withdraw the unit and the Administrator issues a written approval of the request.

(a) Requesting withdrawal. In order to withdraw the TR SO 2 Group 1 opt-in unit from the TR SO 2 Group 1 Trading Program, the designated representative of the unit shall submit to the Administrator a request to withdraw the unit 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 the unit’s entry into the TR SO 2 Group 1 Trading Program under § 97.641(h). The request shall be in a format prescribed by the Administrator and shall be submitted no later than 90 days before the requested effective date of withdrawal.

(b) Conditions for withdrawal. Before a TR SO 2 Group 1 opt-in unit covered by the request to withdraw may withdraw from the TR SO 2 Group 1 Trading Program, 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 TR SO 2 Group 1 opt-in unit must meet the requirement to hold TR SO 2 Group 1 allowances under §§ 97.624 and 97.625 and cannot have any excess emissions.

(2) After the requirement under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the TR SO 2 Group 1 opt-in unit TR SO 2 Group 1 allowances equal in amount to and allocated for the same or a prior control period as any TR SO 2 Group 1 allowances allocated to the TR SO 2 Group 1 opt-in unit under § 97.644 for any control period after the date on which the withdrawal is to be effective. If there are no other TR SO 2 Group 1 units at the source, the Administrator will close the compliance account, and the owners and operators of the TR SO 2 Group 1 opt-in unit may submit a TR SO 2 Group 1 allowance transfer for any remaining TR SO 2 Group 1 allowances to another Allowance Management System account in accordance with §§ 97.622 and 97.623.

(c) Approving withdrawal. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of TR SO 2 Group 1 allowances required), the Administrator will issue a written approval of the request to withdraw, which will become effective as of midnight on December 31 of the calendar year for which the withdrawal was requested. The unit covered by the request shall continue to be a TR SO 2 Group 1 opt-in unit until the effective date of the withdrawal and shall comply with all requirements under the TR SO 2 Group 1 Trading Program concerning any control periods for which the unit is a TR SO 2 Group 1 opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a written disapproval of the request to withdraw. The unit covered by the request shall continue to be a TR SO 2 Group 1 opt-in unit.

(d) Reapplication upon failure to meet conditions of withdrawal. If the Administrator disapproves the request to withdraw, the designated representative of the unit may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section.

(e) Ability to reapply to the TR SO 2 Group 1 Trading Program. Once a TR SO 2 Group 1 opt-in unit withdraws from the TR SO 2 Group 1 Trading Program, the designated representative may not submit another opt-in application under § 97.641 for such unit before the date that is 4 years after the date on which the withdrawal became effective. **§ 97.643 Change in regulatory status.**

(a) Notification. If a TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604, then the designated representative of the unit shall notify the Administrator in writing of such change in the TR SO 2 Group 1 opt-in unit’s regulatory status, within 30 days of such change.

(b) Administrator’s actions. (1) If a TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604, the Administrator will deduct, from the compliance account of the source that includes the TR SO 2 Group 1 opt-in unit that becomes a TR SO 2 Group 1 unit under § 97.604, TR SO 2 Group 1 allowances equal in amount to and allocated for the same or a prior control period as: (i) Any TR SO 2 Group 1 allowances allocated to the TR SO 2 Group 1 opt-in unit under § 97.644 for any control period starting after the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604; and

(ii) If the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604 is not December 31, the TR SO 2 Group 1 allowances allocated to the TR SO 2 Group 1 opt-in unit under § 97.644 for the control period that includes the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604—

(A) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604, divided by the total number of days in the control period, and

(B) Rounded to the nearest allowance. (2) The designated representative shall ensure that the compliance account of the source that includes the TR SO 2 Group 1 opt-in unit that becomes a TR SO 2 Group 1 unit under § 97.604 contains the TR SO 2 Group 1 allowances necessary for completion of the deduction under paragraph (b)(1) of this section.

(3)(i) For control periods starting after the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604, the TR SO 2 Group 1 opt-in unit will be allocated TR SO 2 Group 1 allowances in accordance with § 97.612.

(ii) If the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604 is not December 31, the following amount of TR SO 2 Group 1 allowances will be allocated to the TR SO 2 Group 1 opt-in unit (as a TR SO 2 Group 1 unit) in accordance with § 97.612 for the control period that includes the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604:

(A) The amount of TR SO 2 Group 1 allowances otherwise allocated to the TR SO 2 Group 1 opt-in unit (as a TR SO 2 Group 1 unit) in accordance with § 97.612 for the control period;

(B) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR SO 2 Group 1 opt-in unit becomes a TR SO 2 Group 1 unit under § 97.604, divided by the total number of days in the control period; and

(C) Rounded to the nearest allowance.


### 45441 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
**§ 97.644 TR SO** 2 **Group 1 allowance allocations to TR SO**  2 **Group 1 opt-in units.**

(a) Timing requirements. (1) When the TR opt-in application is approved for a unit under § 97.641(g), the Administrator will issue TR SO 2 Group 1 allowances and allocate them to the unit for the control period in which the unit enters the TR SO 2 Group 1 Trading Program under § 97.641(h), in accordance with paragraph (b) of this section.

(2) By no later than October 31 of the control period after the control period in which a TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 1 Trading Program under § 97.641(h) and October 31 of each year thereafter, the Administrator will issue TR SO 2 Group 1 allowances and allocate them to the TR SO 2 Group 1 opt-in unit for the control period that includes such allocation deadline and in which the unit is a TR SO 2 Group 1 opt-in unit, in accordance with paragraph (b) of this section.

(b) Calculation of allocation. For each control period for which a TR SO 2 Group 1 opt-in unit is to be allocated TR SO 2 Group 1 allowances, the Administrator will issue and allocate TR SO 2 Group 1 allowances in accordance with the following procedures:

(1) The heat input (in mmBtu) used for calculating the TR SO 2 Group 1 allowance allocation will be the lesser of:

(i) The TR SO 2 Group 1 opt-in unit’s baseline heat input determined under § 97.641(g); or

(ii) The TR SO 2 Group 1 opt-in unit’s heat input, as determined in accordance with §§ 97.630 through 97.635, for the immediately prior control period, except when the allocation is being calculated for the control period in which the TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 1 Trading Program under § 97.641(h).

(2) The SO 2 emission rate (in lb/ mmBtu) used for calculating TR SO 2 Group 1 allowance allocations will be the lesser of:

(i) The TR SO 2 Group 1 opt-in unit’s baseline SO 2 emission rate (in lb/ mmBtu) determined under § 97.641(g) and multiplied by 70 percent; or

(ii) The most stringent State or Federal SO 2 emissions limitation applicable to the TR SO 2 Group 1 optin unit at any time during the control period for which TR SO 2 Group 1 allowances are to be allocated.

(3) The Administrator will issue TR SO 2 Group 1 allowances and allocate them to the TR SO 2 Group 1 opt-in unit in an amount equaling the heat input under paragraph (b)(1) of this section, multiplied by the SO 2 emission rate under paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded to the nearest allowance.

(c) Recordation. (1) The Administrator will record, in the compliance account of the source that includes the TR SO 2 Group 1 opt-in unit, the TR SO 2 Group 1 allowances allocated to the TR SO 2 Group 1 opt-in unit under paragraph (a)(1) of this section.

(2) By December 1 of the control period after the control period in which a TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 1 Trading Program under § 97.641(h) and December 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the TR SO 2 Group 1 opt-in unit, the TR SO 2 Group 1 allowances allocated to the TR SO 2 Group 1 opt-in unit under paragraph (a)(2) of this section.

38. Part 97 is amended by adding subpart DDDDD to read as follows: **Subpart DDDDD—TR SO** 2 **Group 2 Trading Program**  Sec. 97.701 Purpose. 97.702 Definitions. 97.703 Measurements, abbreviations, and acronyms. 97.704 Applicability. 97.705 Retired unit exemption. 97.706 Standard requirements. 97.707 Computation of time. 97.708 Administrative appeal procedures. 97.709 [Reserved] 97.710 State SO 2 Group 2 trading budgets, new-unit set-asides, and variability limits. 97.711 Timing requirements for TR SO 2 Group 2 allowance allocations. 97.712 TR SO 2 Group 2 allowance allocations for new units. 97.713 Authorization of designated representative and alternate designated representative. 97.714 Responsibilities of designated representative and alternate designated representative. 97.715 Changing designated representative and alternate designated representative; changes in owners and operators. 97.716 Certificate of representation. 97.717 Objections concerning designated representative and alternate designated representative. 97.718 Delegation by designated representative and alternate designated representative. 97.719 [Reserved] 97.720 Establishment of Allowance Management System accounts. 97.721 Recordation of TR SO 2 Group 2 allowance allocations. 97.722 Submission of TR SO 2 Group 2 allowance transfers. 97.723 Recordation of TR SO 2 Group 2 allowance transfers. 97.724 Compliance with TR SO 2 Group 2 emissions limitation. 97.725 Compliance with TR SO 2 Group 2 assurance provisions. 97.726 Banking. 97.727 Account error. 97.728 Administrator’s action on submissions. 97.729 [Reserved] 97.730 General monitoring, recordkeeping, and reporting requirements. 97.731 Initial monitoring system certification and recertification procedures. 97.732 Monitoring system out-of-control periods. 97.733 Notifications concerning monitoring. 97.734 Recordkeeping and reporting. 97.735 Petitions for alternatives to monitoring, recordkeeping, or reporting requirements. 97.740 General requirements for TR SO 2 Group 2 opt-in units. 97.741 Opt-in process. 97.742 Withdrawal of TR SO 2 Group 2 optin unit from TR SO 2 Group 2 Trading Program. 97.743 Change in regulatory status. 97.744 TR SO 2 Group 2 allowance allocations to TR SO 2 Group 2 opt-in units. **Subpart DDDDD—TR SO** 2 **Group 2 Trading Program**  **§ 97.701 Purpose.**

This subpart sets forth the general, designated representative, allowance, and monitoring provisions for the Transport Rule (TR) SO 2 Group 2 Trading Program, under section 110 of the Clean Air Act and § 52.38(b) of this chapter, as a means of mitigating interstate transport of fine particulates and nitrogen oxides. **§ 97.702 Definitions.**

The terms used in this subpart shall have the meanings set forth in this section as follows:

Acid Rain Program means a multistate SO 2 and NO X air pollution control and emission reduction program established by the Administrator under title IV of the Clean Air Act and parts 72 through 78 of this chapter.

Administrator means the Administrator of the United States Environmental Protection Agency or the Director of the Clean Air Markets Division (or its successor) of the United States Environmental Protection Agency, the Administrator’s duly authorized representative under this subpart.

Allocate or allocation means, with regard to TR SO 2 Group 2 allowances, the determination by the Administrator of the amount of such TR SO 2 Group 2 allowances to be initially credited to a TR SO 2 Group 2 source or a new unit set-aside.

Allowable SO 2 emission rate means, with regard to a unit, the SO 2 emission rate limit that is applicable to the unit


### 45442 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules and covers the longest averaging period not exceeding one year.

Allowance Management System means the system by which the Administrator records allocations, deductions, and transfers of TR SO 2 Group 2 allowances under the TR SO 2 Group 2 Trading Program. Such allowances are allocated, held, deducted, or transferred only as whole allowances. The Allowance Management System is a component of the CAMD Business System, which is the system used by the Administrator to handle TR SO 2 Group 2 allowances and data related to SO 2 emissions.

Allowance Management System account means an account in the Allowance Management System established by the Administrator for purposes of recording the allocation, holding, transfer, or deduction of TR SO 2 Group 2 allowances.

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 after such control period and is the deadline by which a TR SO 2 Group 2 allowance transfer must be submitted for recordation in a TR SO 2 Group 2 source’s compliance account in order to be available for use in complying with the source’s TR SO 2 Group 2 Annual emissions limitation for such control period in accordance with § 97.724.

Alternate designated representative means, for a TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to act on behalf of the designated representative in matters pertaining to the TR SO 2 Group 2 Trading Program. If the TR SO 2 Group 2 source is also subject to the Acid Rain Program, TR NO X Annual Season Trading Program, or TR NO X Ozone Season Trading Program, then this natural person shall be the same natural person as the alternate designated representative as defined in § 72.2 of this chapter, § 97.402, or § 97.502 respectively.

Authorized account representative means, with regard to a general account, the natural person who is authorized, in accordance with this subpart, to transfer and otherwise dispose of TR SO 2 Group 2 allowances held in the general account and, with regard to a TR SO 2 Group 2 source’s compliance account, the designated representative of the source.

Automated data acquisition and handling system or DAHS means the component of the continuous emission monitoring system, or other emissions monitoring system approved for use under this subpart, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required by this subpart.

Biomass means— (1) Any organic material grown for the purpose of being converted to energy;

(2) Any organic byproduct of agriculture that can be converted into energy; or

(3) Any material that can be converted into energy and is nonmerchantable for other purposes, that is segregated from other material that is nonmerchantable for other purposes, and that is;

(i) A forest-related organic resource, including mill residues, precommercial thinnings, slash, brush, or byproduct from conversion of trees to merchantable material; or

(ii) A wood material, including pallets, crates, dunnage, manufacturing and construction materials (other than pressure-treated, chemically-treated, or painted wood products), and landscape or right-of-way tree trimmings.

Boiler means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

Bottoming-cycle unit means a unit in which the energy input to the unit is first used to produce useful thermal energy, where at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

Certifying official means a natural person who is:

(1) For a corporation, a president, secretary, treasurer, or vice-president or the corporation in charge of a principal business function or any other person who performs similar policy or decision making functions for the corporation;

(2) For a partnership or sole proprietorship, a general partner or the proprietor respectively; or

(3) For a local government entity or State, federal, or other public agency, a principal executive officer or ranking elected official.

Clean Air Act means the Clean Air Act, 42 U.S.C. 7401, et seq.

Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite.

Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

Coal-fired means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during 1990 or any year thereafter.

Cogeneration system means an integrated group, at a source, of equipment (including a boiler, or combustion turbine, and a steam turbine generator) designed to produce useful thermal energy for industrial, commercial, heating, or cooling purposes and electricity through the sequential use of energy.

Cogeneration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine—

(1) Operating as part of a cogeneration system; and

(2) Producing during the later of 1990 or the 12-month period starting on the date that the unit first produces electricity and during each calendar year after the later of 1990 or the calendar year in which the unit first produces electricity—

(i) For a topping-cycle unit, (A) Useful thermal energy not less than 5 percent of total energy output; and

(B) Useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.

(ii) For a bottoming-cycle unit, useful power not less than 45 percent of total energy input;

(3) Provided that the total energy input under paragraphs (2)(i)(B) and (2)(ii) of this definition shall equal the unit’s total energy input from all fuel, except biomass if the unit is a boiler; and

(4) Provided that, if a topping-cycle unit is operated as part of a cogeneration system during a calendar year and thecogeneration system meets on a systemwide basis the requirement in paragraph(2)(i)(B) of this definition, the toppingcycle unit shall be deemed to meet such requirement during that calendar year.

Combustion turbine means an enclosed device comprising:

(1) If the device is simple cycle, a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(2) If the device is combined cycle, the equipment described in paragraph (1) of this definition and any associated


### 45443 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules duct burner, heat recovery steam generator, and steam turbine.

Commence commercial operation means, with regard to a unit:

(1) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, except as provided in § 97.705.

(i) For a unit that is a TR SO 2 Group 2 unit under § 97.704 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit that is a TR SO 2 Group 2 unit under § 97.704 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in the introductory text of paragraph (1) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

(2) Notwithstanding paragraph (1) of this definition and except as provided in § 97.705, for a unit that is not a TR SO 2 Group 2 unit under § 97.704 on the later of November 15, 1990 or the date the unit commences commercial operation as defined in introductory text of paragraph (1) of this definition, the unit’s date for commencement of commercial operation shall be the date on which the unit becomes a TR SO 2 Group 2 unit under § 97.704.

(i) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same source), such date shall remain the date of commencement of commercial operation of the unit, which shall continue to be treated as the same unit.

(ii) For a unit with a date for commencement of commercial operation as defined in the introductory text of paragraph (2) of this definition and that is subsequently replaced by a unit at the same source, such date shall remain the replaced unit’s date of commencement of commercial operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in paragraph (1) or (2) of this definition as appropriate.

Commence operation means, with regard to a unit:

(1) To have begun any mechanical, chemical, or electronic process, including start-up of the unit’s combustion chamber.

(2) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same source) after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the date of commencement of operation of the unit, which shall continue to be treated as the same unit.

(3) For a unit that is replaced by a unit at the same source after the date the unit commences operation as defined in paragraph (1) of this definition, such date shall remain the replaced unit’s date of commencement of operation, and the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in paragraph (1), (2), or (3) of this definition as appropriate.

Common stack means a single flue through which emissions from 2 or more units are exhausted.

Compliance account means an Allowance Management System account, established by the Administrator for a TR SO 2 Group 2 source under this subpart, in which any TR SO 2 Group 2 allowance allocations for the TR SO 2 Group 2 units at the source are recorded and in which are held any TR SO 2 Group 2 allowances available for use for a control period in complying with the source’s TR SO 2 Group 2 emissions limitation in accordance with § 97.724 and the TR SO 2 Group 2 assurance provisions in accordance with § 97.725.

Continuous emission monitoring system or CEMS means the equipment required under this subpart to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes and using an automated data acquisition and handling system (DAHS), a permanent record of SO 2 emissions, stack gas volumetric flow rate, stack gas moisture content, and O 2 or CO 2 concentration (as applicable), in a manner consistent with part 75 of this chapter and §§ 97.730 through 97.735. The following systems are the principal types of continuous emission monitoring systems:

(1) A flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);

(2) A SO 2 monitoring system, consisting of a SO 2 pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of SO 2 emissions, in parts per million (ppm);

(3) A moisture monitoring system, as defined in § 75.11(b)(2) of this chapter and providing a permanent, continuous record of the stack gas moisture content, in percent H 2 O;

(4) A CO 2 monitoring system, consisting of a CO 2 pollutant concentration monitor (or an O 2 monitor plus suitable mathematical equations from which the CO 2 concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of CO 2 emissions, in percent CO 2 ; and

(5) An O 2 monitoring system, consisting of an O 2 concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of O 2 , in percent O 2 .

Control period means the period starting January 1 of a calendar year, except as provided in § 97.706(c)(3), and ending on December 31 of the same year, inclusive.

Designated representative means, for a TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source, the natural person who is authorized by the owners and operators of the source and all such units at the source, in accordance with this subpart, to represent and legally bind each owner and operator in matters pertaining to the TR SO 2 Group 2 Trading Program. If the TR SO 2 Group 2 source is also subject to the Acid Rain Program, TR NO X Annual Trading Program, or TR NO X Ozone Season Trading Program, then this natural person shall be the same natural person as the designated representative, as defined in § 72.2 of this chapter, § 97.402, or § 97.502 respectively.

Emissions means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart.

Excess emissions means any ton of SO 2 emitted from the TR SO 2 Group 2 units at a TR SO 2 Group 2 source during a control period that exceeds the TR SO 2 Group 2 emissions limitation for the source.

Fossil fuel means—


### 45444 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (1) Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material; or

(2) For purposes of applying §§ 97.704(b)(2)(i)(B), 97.704(b)(2)(ii)(B), and 97.704(b)(2)(iii), natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material for the purpose of creating useful heat.

Fossil-fuel-fired means, with regard to a unit, combusting any amount of fossil fuel in 1990 or any calendar year thereafter.

Fuel oil means any petroleum-based fuel (including diesel fuel or petroleum derivatives such as oil tar) and any recycled or blended petroleum products or petroleum by-products used as a fuel whether in a liquid, solid, or gaseous state.

General account means an Allowance Management System account, established under this subpart, that is not a compliance account.

Generator means a device that produces electricity.

Gross electrical output means, with regard to a unit, electricity made available for use, including any such electricity used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Heat input means, with regard to a unit for a specified period of time, the product (in mmBtu/time) of the gross calorific value of the fuel (in mmBtu/lb) multiplied by the fuel feed rate into a combustion device (in lb of fuel/time), as measured, recorded, and reported to the Administrator by the designated representative and as modified by the Administrator in accordance with this subpart and excluding the heat derived from preheated combustion air, recirculated flue gases, or exhaust.

Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

Life-of-the-unit, firm power contractual arrangement means a unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energy generated by any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract:

(1) For the life of the unit; (2) For a cumulative term of no less than 30 years, including contracts that permit an election for early termination; or (3) For a period no less than 25 years or 70 percent of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period.

Maximum design heat input means the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady state basis as of the initial installation of the unit as specified by the manufacturer of the unit.

Monitoring system means any monitoring system that meets the requirements of this subpart, including a continuous emission monitoring system, an alternative monitoring system, or an excepted monitoring system under part 75 of this chapter.

Nameplate capacity means, starting from the initial installation of a generator, the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings) as of such installation as specified by the manufacturer of the generator or, starting from the completion of any subsequent physical change in the generator resulting in an increase in the maximum electrical generating output (in MWe) that the generator is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other deratings), such increased maximum amount as of such completion as specified by the person conducting the physical change.

Newly affected TR SO 2 Group 2 unit means a unit that was not a TR SO 2 Group 2 unit when it began operating but that thereafter becomes a TR SO 2 Group 2 unit.

Operate or operation means, with regard to a unit, to combust fuel.

Operator means any person who operates, controls, or supervises a TR SO 2 Group 2 unit or a TR SO 2 Group 2 source and shall include, but not be limited to, any holding company, utility system, or plant manager of such a unit or source.

Owner means, with regard to a TR SO 2 Group 2 source or a TR SO 2 Group 2 unit at a source respectively, any of the following persons:

(1) Any holder of any portion of the legal or equitable title in a TR SO 2 Group 2 unit at the source or the TR SO 2 Group 2 unit;

(2) Any holder of a leasehold interest in a TR SO 2 Group 2 unit at the source or the TR SO 2 Group 2 unit, provided that, unless expressly provided for in a leasehold agreement, ‘‘ owner ’’ shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based (either directly or indirectly) on the revenues or income from such TR SO 2 Group 2 unit;

(3) Any purchaser of power from a TR SO 2 Group 2 unit at the source or the TR SO 2 Group 2 unit under a life-of-theunit, firm power contractual arrangement;

(4) Provided that, for purposes of applying the TR SO 2 Group 2 assurance provisions in §§ 97.706(c)(2) and 97.725, if one or more owners (as defined in paragraphs (1) through (3) of this definition) of one or more TR SO 2 Group 2 units in a State are wholly owned by another, common owner, all such owners shall be treated collectively as a single owner in the State.

Owner’s assurance level means: (1) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.706(c)(2)(iii)(A) and not as described in § 97.706(c)(2)(iii)(B), the owner’s share of the State SO 2 Group 2 trading budget with the one-year variability limit for the State for such control period; or

(2) With regard to a State and control period for which the State assurance level is exceeded as described in § 97.706(c)(2)(iii)(B), the owner’s share of the State SO 2 Group 2 trading budget with the three-year variability limit for the State for such control period.

Owner’s share means: (1) With regard to a total amount of SO 2 emissions from all TR SO 2 Group 2 units in a State during a control period, the total tonnage of SO 2 emissions during such control period from all of the owner’s TR SO 2 Group 2 units in the State;

(2) With regard to a State SO 2 Group 2 trading budget with a one-year variability limit for a control period, the amount (rounded to the nearest allowance) equal to the total amount of TR SO 2 Group 2 allowances allocated for such control period to all of the owner’s TR SO 2 Group 2 units in the State, multiplied by the sum of the State SO 2 Group 2 trading budget under § 97.710(a) and the State’s one-year variability limit under § 97.710(b) and divided by such State SO 2 Group 2 trading budget;

(3) With regard to a State SO 2 Group 2 trading budget with a three-year


### 45445 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules variability limit for a control period, the amount (rounded to the nearest allowance) equal to the total amount of TR SO 2 Group 2 allowances allocated for such control period to all of the owner’s TR SO 2 Group 2 units in the State, multiplied by the sum of the State SO 2 Group 2 trading budget under § 97.710(a) and the State’s three-year variability limit under § 97.710(b) and divided by such State SO 2 Group 2 trading budget;

(4) Provided that, in the case of a unit with more than one owner, the amount of tonnage of SO 2 emissions and of TR SO 2 Group 2 allowances allocated for a control period, with regard to such unit, used in determining each owner’s share shall be the amount (rounded to the nearest ton and the nearest allowance) equal to the unit’s SO 2 emissions and allocation of such allowances, respectively, for such control period multiplied by the percentage of ownership in the unit that the owner’s legal, equitable, leasehold, or contractual reservation or entitlement in the unit comprises as of December 31 of such control period;

(5) Provided that, where two or more units emit through a common stack that is the monitoring location from which SO 2 mass emissions are reported for a control period for a year, the amount of tonnage of each unit’s SO 2 emissions used in determining each owner’s share for such control period shall be:

(i) The amount (rounded to the nearest ton) of SO 2 emissions reported at the common stack multiplied by the quotient of such unit’s heat input for such control period divided by the total heat input reported from the common stack for such control period;

(ii) An amount determined in accordance with a methodology that the Administrator determines is consistent with the purposes of this definition and whose adverse effect (if any) the Administrator determines will be de minimis; or

(iii) An amount approved by the Administrator in response to a petition for an alternative requirement submitted in accordance with § 97.735; and

(6) Provided that, in the case of a unit that operates during, but is allocated no TR SO 2 Group 2 allowances for, a control period, the unit shall be treated, solely for purposes of this definition, as being allocated an amount (rounded to the nearest allowance) of TR SO 2 Group 2 allowances for such control period equal to the lesser of—

(i) The unit’s allowable SO 2 emission rate (in lb per MWe) applicable to such control period, multiplied by a capacity factor of 0.84 (if the unit is a coal-fired boiler), 0.15 (if the unit is a simple combustion turbine), or 0.66 (if the unit is a combined cycle turbine), multiplied by the unit’s maximum hourly load as reported in accordance with this subpart and by 8,760 hours/control period, and divided by 2,000 lb/ton; or

(ii) For a unit listed in appendix A to this subpart, the sum of the unit’s SO 2 emissions in the control period in the last three years during which the unit operated during the control period, divided by three.

Permanently retired means, with regard to a unit, a unit that is unavailable for service and that the unit’s owners and operators do not expect to return to service in the future.

Permitting authority means ‘‘ permitting authority ’’ as defined in §§ 70.2 and 71.2 of this chapter.

Potential electrical output capacity means 33 percent of a unit’s maximum design heat input, divided by 3,413 Btu/ kWh, divided by 1,000 kWh/MWh, and multiplied by 8,760 hr/yr.

Receive or receipt of means, when referring to the Administrator, to come into possession of a document, information, or correspondence (whether sent in hard copy or by authorized electronic transmission), as indicated in an official log, or by a notation made on the document, information, or correspondence, by the Administrator in the regular course of business.

Recordation, record, or recorded means, with regard to TR SO 2 Group 2 allowances, the moving of TR SO 2 Group 2 allowances by the Administrator into, out of, or between Allowance Management System accounts, for purposes of allocation, transfer, or deduction.

Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in § 75.22 of this chapter.

Replacement, replace, or replaced means, with regard to a unit, the demolishing of a unit, or the permanent retirement and permanent disabling of a unit, and the construction of another unit (the replacement unit) to be used instead of the demolished or retired unit (the replaced unit).

Sequential use of energy means: (1) For a topping-cycle unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(2) For a bottoming-cycle unit, the use of reject heat from useful thermal energy application or process in electricity production.

Serial number means, for a TR SO 2 Group 2 allowance, the unique identification number assigned to each TR SO 2 Group 2 allowance by the Administrator.

Solid waste incineration unit means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a ‘‘ solid waste incineration unit ’’ as defined in section 129(g)(1) of the Clean Air Act.

Source means all buildings, structures, or installations located in one or more contiguous or adjacent properties under common control of the same person or persons. This definition does not change or otherwise affect the definition of ‘‘ major source ’’ , ‘‘ stationary source ’’ , or ‘‘ source ’’ as set forth and implemented in a title V operating permit program or any other program under the Clean Air Act.

State means one of the States or the District of Columbia that is subject to the TR SO 2 Group 2 Trading Program pursuant to § 52.38(c) of this chapter.

Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(1) In person; (2) By United States Postal Service; or (3) By other means of dispatch or transmission and delivery;

(4) Provided that compliance with any
‘‘ submission ’’ or ‘‘ service ’’ deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

Topping-cycle unit means a unit in which the energy input to the unit is first used to produce useful power, including electricity, where at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

Total energy input means total energy of all forms supplied to a unit, excluding energy produced by the unit. Each form of energy supplied shall be measured by the lower heating value of that form of energy calculated as follows: LHV = HHV ¥ 10.55 (W + 9H) Where LHV = lower heating value of the form of energy in Btu/lb, HHV = higher heating value of the form of energy in Btu/lb, W = weight % of moisture in the form of energy, and H = weight % of hydrogen in the form of energy. Total energy output means the sum of useful power and useful thermal energy produced by the unit.

TR NO X Annual Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in


### 45446 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules accordance with subpart AAAAA and 52.37(a) of this chapter, as a means of mitigating interstate transport of fine particulates and NO X.

TR NO X Ozone Season Trading Program means a multi-state NO X air pollution control and emission reduction program established by the Administrator in accordance with subpart BBBBB of this part and 52.37(b) of this chapter, as a means of mitigating interstate transport of ozone and NO X.

TR SO 2 Group 2 allowance means a limited authorization issued and allocated by the Administrator under this subpart to emit one ton of SO 2 during a control period of the specified calendar year for which the authorization is allocated or of any calendar year thereafter under the TR SO 2 Group 2 Trading Program.

TR SO 2 Group 2 allowance deduction or deduct TR SO 2 Group 2 allowances means the permanent withdrawal of TR SO 2 Group 2 allowances by the Administrator from a compliance account, e.g., in order to account for compliance with the TR SO 2 Group 2 emissions limitation or assurance provisions.

TR SO 2 Group 2 allowances held or hold TR SO 2 Group 2 allowances means the TR SO 2 Group 2 allowances treated as included in an Allowance Management System account as of a specified point in time because at that time they:

(1) Have been recorded by the Administrator in the account or transferred into the account by a correctly submitted, but not yet recorded, TR SO 2 Group 2 allowance transfer in accordance with this subpart; and

(2) Have not been transferred out of the account by a correctly submitted, but not yet recorded, TR SO 2 Group 2 allowance transfer in accordance with this subpart.

TR SO 2 Group 2 emissions limitation means, for a TR SO 2 Group 2 source, the tonnage of SO 2 emissions authorized in a control period by the TR SO 2 Group 2 allowances available for deduction for the source under § 97.724(a) for such control period.

TR SO 2 Group 2 source means a source that includes one or more TR SO 2 Group 2 units.

TR SO 2 Group 2 Trading Program means a multi-state SO 2 air pollution control and emission reduction program established by the Administrator in accordance with this subpart and 52.38(c) of this chapter, as a means of mitigating interstate transport of fine particulates and SO 2. TR SO 2 Group 2 unit means a unit that is subject to the TR SO 2 Group 2 Trading Program under § 97.704.

Unit means a stationary, fossil-fuelfired boiler, stationary, fossil-fuel-fired combustion turbine, or other stationary, fossil-fuel-fired combustion device.

Unit operating day means a calendar day in which a unit combusts any fuel.

Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.

Useful power means electricity or mechanical energy that a unit makes available for use, excluding any such energy used in the power production process (which process includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls).

Useful thermal energy means thermal energy that is:

(1) Made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(2) Used in a heating application ( e.g., space heating or domestic hot water heating); or

(3) Used in a space cooling application ( i.e., in an absorption chiller).

Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. **§ 97.703 Measurements, abbreviations, and acronyms.** 

Measurements, abbreviations, and acronyms used in this subpart are defined as follows: Btu—British thermal unit CO 2 —carbon dioxide H 2 O—water 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 **§ 97.704 Applicability.**

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

(1) The following units in a State shall be TR SO 2 Group 2 units, and any source that includes one or more such units shall be a TR SO 2 Group 2 source, subject to the requirements of this subpart: 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 TR SO 2 Group 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 TR SO 2 Group 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) Any unit in a State that otherwise is a TR SO 2 Group 2 unit under paragraph (a) of this section and that meets the requirements set forth in paragraph (b)(1)(i), (b)(2)(i), or (b)(2)(ii) of this section shall not be a TR SO 2 Group 2 unit:

(1)(i) Any unit: (A) Qualifying as a cogeneration unit during the later of 1990 or 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 thelater of November 15, 1990 or the startup 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 later of 1990 or the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraphs (b)(1)(i) of this section for at least one calendar year, but subsequently no longer meets such qualification and requirements, the unit shall become a TR SO 2 Group 2 unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of paragraph (b)(1)(i)(B) of this section.

(2)(i) Any unit commencing operation before January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average annual fuel consumption of fossil fuel for 1985– 1987 less than 20 percent (on a Btu


### 45447 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(ii) Any unit commencing operation on or after January 1, 1985:

(A) Qualifying as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a solid waste incineration unit; and

(B) With an average annual fuel consumption of fossil fuel for the first 3 calendar years of operation less than 20 percent (on a Btu basis) and an average annual fuel consumption of fossil fuel for any 3 consecutive calendar years after 1990 less than 20 percent (on a Btu basis).

(iii) If a unit qualifies as a solid waste incineration unit during the later of 1990 or the 12-month period starting on the date the unit first produces electricity and meets the requirements of paragraph (b)(2)(i) or (ii) of this section for at least 3 consecutive calendar years, but subsequently no longer meets such qualification and requirements, the unit shall become a TR SO 2 Group 2 unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a solid waste incineration unit or January 1 after the first 3 consecutive calendar years after 1990 for which the unit has an average annual fuel consumption of fossil fuel of 20 percent or more.

(c) A certifying official of an owner or operator of any unit or other equipment may submit a petition (including any supporting documents) to the Administrator at any time for a determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR SO 2 Group 2 Trading Program to the unit or other equipment.

(1) Petition content. The petition shall be in writing and include the identification of the unit or other equipment and the relevant facts about the unit or other equipment. The petition and any other documents provided to the Administrator in connection with the petition shall include the following certification statement, signed by the certifying official: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the unit or other equipment for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(2) Response. The Administrator will issue a written response to the petition and may request supplemental information determined by the Administrator to be relevant to such petition. The Administrator’s determination concerning the applicability, under paragraphs (a) and (b) of this section, of the TR SO 2 Group 2 Trading Program to the unit or other equipment shall be binding on any permitting authority unless the Administrator determines that the petition or other documents or information provided in connection with the petition contained significant, relevant errors or omissions. **§ 97.705 Retired unit exemption.**

(a)(1) Any TR SO 2 Group 2 unit that is permanently retired and is not a TR SO 2 Group 2 opt-in unit shall be exempt from § 97.706(b) and (c)(1), § 97.724, and §§ 97.730 through 97.735.

(2) The exemption under paragraph (a)(1) of this section shall become effective the day on which the TR SO 2 Group 2 unit is permanently retired. Within 30 days of the unit’s permanent retirement, the designated representative shall submit a statement to the Administrator. The statement shall state, in a format prescribed by the Administrator, that the unit was permanently retired on a specified date and will comply with the requirements of paragraph (b) of this section.

(b) Special provisions. (1) A unit exempt under paragraph (a) of this section shall not emit any SO 2 , 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 Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.

(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (a) of this section shall comply with the requirements of the TR SO 2 Group 2 Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.

(4) A unit exempt under paragraph (a) of this section shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit resumes operation. **§ 97.706 Standard requirements.**

(a) Designated representative requirements. The owners and operators shall comply with the requirement to have a designated representative, and may have an alternate designated representative, in accordance with §§ 97.713 through 97.718.

(b) Emissions monitoring, reporting, and recordkeeping requirements. (1) The owners and operators, and the designated representative, of each TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source shall comply with the monitoring, reporting, and recordkeeping requirements of §§ 97.730 through 97.735.

(2) The emissions data determined in accordance with §§ 97.730 through 97.735 shall be used to calculate allocations of TR SO 2 Group 2 allowances under §§ 97.711(a)(2) and (b) and 97.712 and to determine compliance with the TR SO 2 Group 2 emissions limitation and assurance provisions under paragraph (c) of this section, provided that, for each monitoring location from which mass emissions are reported, the mass emissions amount used in calculating such allocations and determining such compliance shall be the mass emissions amount for the monitoring location determined in accordance with §§ 97.730 through 97.735 and rounded to the nearest ton, with any fraction of a ton less than 0.50 being deemed to be zero.

(c) SO 2 emissions requirements . (1) TR SO 2 Group 2 emissions limitation. (i) As of the allowance transfer deadline for a control period, the owners and operators of each TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source shall hold, in the source’s compliance account, TR SO 2 Group 2 allowances available for deduction for such control period under § 97.724(a) in an amount not less than the tons of total SO 2 emissions for such control period from all TR SO 2 Group 2 units at the source.


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(ii) If a TR SO 2 Group 2 source emits SO 2 during any control period in excess of the TR SO 2 Group 2 emissions limitation set forth in paragraph (c)(1)(i) of this section, then:

(A) The owners and operators of the source and each TR SO 2 Group 2 unit at the source shall hold the TR SO 2 Group 2 allowances required for deduction under § 97.724(d) and pay any fine, penalty, or assessment or comply with any other remedy imposed, for the same violations, under the Clean Air Act; and

(B) Each ton of such excess emissions and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(2) TR SO 2 Group 2 assurance provisions. (i) If the total amount of SO 2 emissions from all TR SO 2 Group 2 units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level as described in paragraph (c)(2)(iii) of this section, then each owner whose share of such SO 2 emissions during such control period exceeds the owner’s assurance level for the State and such control period shall hold, in a compliance account designated by the owner in accordance with § 97.725(b)(4)(ii), TR SO 2 Group 2 allowances available for deduction for such control period under § 97.725(a) in an amount equal to the product, as determined by the Administrator in accordance with § 97.725(b), of multiplying—

(A) The quotient (rounded to the nearest whole number) of the amount by which the owner’s share of such SO 2 emissions exceeds the owner’s assurance level divided by the sum of the amounts, determined for all such owners, by which each owner’s share of such SO 2 emissions exceeds that owner’s assurance level; and

(B) The amount by which total SO 2 emissions for all TR SO 2 Group 2 units in the State for such control period exceed the State assurance level as determined in accordance with paragraph (c)(2)(iii) of this section.

(ii) The owner shall hold the TR SO 2 Group 2 allowances required under paragraph (c)(2)(i) of this section, as of midnight of November 1 (if it is a business day), or midnight of the first business day thereafter (if November 1 is not a business day), immediately after such control period.

(iii) The total amount of SO 2 emissions from all TR SO 2 Group 2 units in a State during a control period in 2014 or any year thereafter exceeds the State assurance level:

(A) If such total amount of SO 2 emissions exceeds the sum, for such control period, of the State SO 2 Group 2 trading budget and the State’s oneyear variability limit under § 97.710(b); or (B) If, with regard to a control period in 2016 or any year thereafter, the sum, divided by three, of such total amount of SO 2 emissions and the total amounts of SO 2 emissions from all TR SO 2 Group 2 units in the State during the control periods in the immediately preceding two years exceeds the sum, for such control period, of the State SO 2 Group2 trading budget and the State’s threeyear variability limit under § 97.710(b);

(C) Provided that the amount by which such total amount of SO 2 emissions exceeds the State assurance level shall be the greater of the amounts of the exceedance calculated under paragraph (c)(2)(iii)(A) of this section and under paragraph (c)(2)(iii)(B) of this section.

(iv) It shall not be a violation of this subpart or of the Clean Air Act if the total amount of SO 2 emissions from all TR SO 2 Group 2 units in a State during a control period exceeds the State assurance level or if an owner’s share of total SO 2 emissions from the TR SO 2 Group 2 units in a State during a control period exceeds the owner’s assurance level.

(v) To the extent an owner fails to hold TR SO 2 Group 2 allowances for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section,

(A) The owner shall pay any fine, penalty, or assessment or comply with any other remedy imposed under the Clean Air Act; and

(B) Each TR SO 2 Group 2 allowance that the owner fails to hold for a control period in accordance with paragraphs (c)(2)(i) and (ii) of this section and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act.

(3) Compliance periods. A TR SO 2 Group 2 unit shall be subject to the requirements:

(i) Under paragraph (c)(1) of this section for the control period starting on the later of January 1, 2012 or the deadline for meeting the unit’s monitor certification requirements under § 97.730(b) and for each control period thereafter; and

(ii) Under paragraph (c)(2) of this section for the control period starting on the later of January 1, 2014 or the deadline for meeting the unit’s monitor certification requirements under § 97.730(b) and for each control period thereafter.

(4) Vintage of deducted allowances. A TR SO 2 Group 2 allowance shall not be deducted, for compliance with the requirements under paragraphs (c)(1) and (2) of this section, for a control period in a calendar year before the year for which the TR SO 2 Group 2 allowance was allocated.

(5) Allowance Management System requirements. Each TR SO 2 Group 2 allowance shall be held in, deducted from, or transferred into, out of, or between Allowance Management System accounts in accordance with this subpart.

(6) Limited authorization. (i) A TR SO 2 Group 2 allowance is a limited authorization to emit one ton of SO 2 in accordance with the TR SO 2 Group 2 Trading Program.

(ii) Notwithstanding any other provision of this subpart, the Administrator has the authority to terminate or limit such authorization to the extent the Administrator determines is necessary or appropriate to implement any provision of the Clean Air Act.

(7) Property right. A TR SO 2 Group 2 allowance does not constitute a property right.

(d) Title V Permit requirements. (1) No title V permit revision shall be required for any allocation, holding, deduction, or transfer of TR SO 2 Group 2 allowances in accordance with this subpart.

(2) A description of whether a unit is required to monitor and report SO 2 emissions using a continuous emission monitoring system (under §§ 75.10, 75.11, and 75.16 of this chapter), an excepted monitoring system (under appendix D to part 75 of this chapter), a low mass emissions excepted monitoring methodology (under § 75.19 of this chapter), or an alternative monitoring system (under subpart E of part 75 of this chapter) in accordance with §§ 97.730 through 97.735 may be added to, or changed in, a title V permit using minor permit modification procedures in accordance with §§ 70.7(e)(2) and 71.7(e)(1) of this chapter, provided that the requirements applicable to the described monitoring and reporting (as added or changed, respectively) are already incorporated in such permit. This paragraph explicitly provides that the addition of, or change to, a unit’s description as described in the prior sentence is eligible for minor permit modification procedures in accordance with §§ 70.7(e)(2)(i)(B) and 71.7(e)(1)(i)(B) of this chapter.

(e) Additional recordkeeping and reporting requirements. (1) Unless otherwise provided, the owners and operators of each TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source shall keep on site at the source each of the following documents (in hardcopy or electronic format) for a


### 45449 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules period of 5 years from the date the document is created. This period may be extended for cause, at any time before the end of 5 years, in writing by the Administrator.

(i) The certificate of representation under § 97.716 for the designated representative for the source and each TR SO 2 Group 2 unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new certificate of representation under § 97.716 changing the designated representative.

(ii) All emissions monitoring information, in accordance with this subpart.

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under, or to demonstrate compliance with the requirements of, the TR SO 2 Group 2 Trading Program, including any monitoring plans and monitoring system certification and recertification applications.

(2) The designated representative of a TR SO 2 Group 2 source and each TR SO 2 Group 2 unit at the source shall make all submissions required under the TR SO 2 Group 2 Trading Program, including any submissions required for compliance with the TR SO 2 Group 2 assurance provisions. This requirement does not change, create an exemption from, or otherwise affect the responsible official submission requirements under a title V operating permit program in parts 70 and 71 of this chapter.

(f) Liability. (1) Any provision of the TR SO 2 Group 2 Trading Program that applies to a TR SO 2 Group 2 source or the designated representative of a TR SO 2 Group 2 source shall also apply to the owners and operators of such source and of the TR SO 2 Group 2 units at the source.

(2) Any provision of the TR SO 2 Group 2 Trading Program that applies to a TR SO 2 Group 2 unit or the designated representative of a TR SO 2 Group 2 unit shall also apply to the owners and operators of such unit.

(g) Effect on other authorities. No provision of the TR SO 2 Group 2 Trading Program or exemption under § 97.705 shall be construed as exempting or excluding the owners and operators, and the designated representative, of a TR SO 2 Group 2 source or TR SO 2 Group 2 unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act. **§ 97.707 Computation of time.** (a) Unless otherwise stated, any time period scheduled, under the TR SO 2 Group 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 TR SO 2 Group 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 TR SO 2 Group 2 Trading Program, falls on a weekend or a State or Federal holiday, the time period shall be extended to the next business day. **§ 97.708 Administrative appeal procedures.** 

The administrative appeal procedures for decisions of the Administrator under the TR SO 2 Group 2 Trading Program are set forth in part 78 of this chapter. **§ 97.709 [Reserved] § 97.710 State SO**  2 **Group 2 trading budgets, new-unit set-asides, and variability**  **limits.**

(a) The State SO 2 Group 2 trading budgets and new-unit set-asides for allocations of TR SO 2 Group 2 allowances for the control periods in 2012 and thereafter are as follows:

State SO 2 group 2 trading budget (tons) * New-unit set-aside

(tons) For 2012 and

thereafter For 2012 and thereafter Alabama ........................................................................................................................ ................................... 161,871 4,856 Connecticut .................................................................................................................... .................................. 3,059 92 Delaware ....................................................................................................................... ................................... 7,784 234 District of Columbia ........................................................................................................... .............................. 337 10 Florida ........................................................................................................................ ...................................... 161,739 4,852 Kansas ......................................................................................................................... .................................... 57,275 1,718 Louisiana ...................................................................................................................... .................................... 90,477 2,714 Maryland ....................................................................................................................... ................................... 39,665 1,190 Massachusetts .................................................................................................................. ............................... 7,902 237 Minnesota ...................................................................................................................... .................................. 47,101 1,413 Nebraska ....................................................................................................................... ................................... 71,598 2,148 New Jersey ..................................................................................................................... ................................. 11,291 339 South Carolina ................................................................................................................. ................................ 116,483 3,494 Total .......................................................................................................................... ................................ 776,582 23,297 * Without variability limits. (b) The States’ one-year and three-year variability limits for the State SO 2 Group 2 trading budgets for the control periods in 2014 and thereafter are as follows:


### 45450 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules

State One-year variability

limits Three-year variability

limits2014 and thereafter (tons) 2016 and thereafter

(tons) Alabama ........................................................................................................................ ................................... 16,187 9,346 Connecticut .................................................................................................................... .................................. 1,700 981 Delaware ....................................................................................................................... ................................... 1,700 981 District of Columbia ........................................................................................................... .............................. 1,700 981 Florida ........................................................................................................................ ...................................... 16,174 9,338 Kansas ......................................................................................................................... .................................... 5,728 3,307 Louisiana ...................................................................................................................... .................................... 9,048 5,224 Maryland ....................................................................................................................... ................................... 3,967 2,290 Massachusetts .................................................................................................................. ............................... 1,700 981 Minnesota ...................................................................................................................... .................................. 4,710 2,719 Nebraska ....................................................................................................................... ................................... 7,160 4,134 New Jersey ..................................................................................................................... ................................. 1,700 981 South Carolina ................................................................................................................. ................................ 11,648 6,725

**§ 97.711 Timing requirements for TR SO** 2 **Group 2 allowance allocations.**

(a) Existing units. (1) TR SO 2 Group 2 allowances are allocated, for the control periods in 2012 and each year thereafter, as set forth in appendix A to this subpart. Listing a unit in such appendix does not constitute a determination that the unit is a TR SO 2 Group 2 unit, and not listing a unit in such appendix does not constitute a determination that the unit is not a TR SO 2 Group 2 unit.

(2) Notwithstanding paragraph (a)(1) of this section, if a unit listed in appendix A to this subpart as being allocated TR SO 2 Group 2 allowances does not operate, starting after 2011, during the control period in three consecutive years, such unit will not be allocated the TR SO 2 Group 2 allowances set forth in appendix A to this subpart for the unit for the control periods in the seventh year after the first such year and in each year after that seventh year. All TR SO 2 Group 2 allowances that would otherwise have been allocated to such unit will be allocated to the new unit set-aside for the respective years involved. If such unit resumes operation, the Administrator will allocate TR SO 2 Group 2 allowances to the unit in accordance with paragraph (b) of this section.

(b) New units. (1) By July 1, 2012, and July 1 of each year thereafter, the Administrator will calculate the TR SO 2 Group 2 allowance allocation for each TR SO 2 Group 2 unit, in accordance with § 97.712, for the control period in the year of the applicable calculation deadline under this paragraph and will promulgate a notice of availability of the results of the calculations.

(2) For each notice of data availability required in paragraph (b)(1) of this section, the Administrator will provide an opportunity for submission of objections to the calculations referenced in such notice.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations are in accordance with § 97.712 and §§ 97.706(b)(2) and 97.730 through 97.735.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By September 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(c) Units that are not TR SO 2 Group 2 units. For each control period in 2012 and thereafter, if the Administrator determines that TR SO 2 Group 2 allowances were allocated under paragraph (a) of this section for the control period to a recipient that is not actually a TR SO 2 Group 2 unit under § 97.704 as of January 1, 2012, or whose deadline for meeting monitor certification requirements under § 97.730(b)(1) and (2) is after January 1, 2012, or if the Administrator determines that TR SO 2 Group 2 allowances were allocated under paragraph (b) of this section and § 97.712 for the control period to a recipient that is not actually a TR SO 2 Group 2 unit under § 97.704 as of January 1 of the control period, then the Administrator will notify the designated representative and will act in accordance with the following procedures:

(1) Except as provided in paragraph (c)(2) or (3) of this section, the Administrator will not record such TR SO 2 Group 2 allowances under § 97.721.

(2) If the Administrator already recorded such TR SO 2 Group 2 allowances under § 97.721 and if the Administrator makes such determination before making deductions for the source that includes such recipient under § 97.724(b) for such control period, then the Administrator will deduct from the account in which such TR SO 2 Group 2 allowances were recorded an amount of TR SO 2 Group 2 allowances allocated for the same or a prior control period equal to the amount of such already recorded TR SO 2 Group 2 allowances. The authorized account representative shall ensure that there are sufficient TR SO 2 Group 2 allowances in such account for completion of the deduction.

(3) If the Administrator already recorded such TR SO 2 Group 2 allowances under § 97.721 and if the Administrator makes such determination after making deductions for the source that includes such recipient under § 97.724(b) for such control period, then the Administrator will not make any deduction to take account of such already recorded TR SO 2 Group 2 allowances.

(4) The Administrator will transfer the TR SO 2 Group 2 allowances that are not recorded, or that are deducted, in accordance with paragraphs (c)(1) and(2) of this section to the new unit setaside, for the State in which such recipient is located, for the control period in the year of such transfer if the notice required in paragraph (b)(1) of this section for the control period in that year has not been promulgated or, such notice has been promulgated, in the next year.


### 45451 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
**§ 97.712 TR SO** 2 **Group 2 allowance allocations for new units.** 

(a) For each control period in 2012 and thereafter, the Administrator will allocate, in accordance with the following procedures, TR SO 2 Group 2 allowances to TR SO 2 Group 2 units in a State that are not listed in appendix A to this subpart, to TR SO 2 Group 2 units that are so listed and whose allocation of SO 2 Group 2 allowances for such control period is covered by § 97.711(c)(1) or (2), and to TR SO 2 Group 2 units that are so listed and, pursuant to § 97.711(a)(2), are not allocated TR SO 2 Group 2 allowances for such control period but that operate during the immediately preceding control period:

(1) The Administrator will establish a separate new unit set-aside for each State for each control period in a given year. Each new unit set-aside will be allocated TR SO 2 Group 2 allowances in an amount equal to the applicable amount of tons of SO 2 emissions as setforth in § 97.710(a). Each new unit setaside will be allocated additional TR SO 2 Group 2 allowances in accordance with § 97.711(a)(2) and (c)(4).

(2) The designated representative of such TR SO 2 Group 2 unit may submit to the Administrator a request, in a format prescribed by the Administrator, to be allocated TR SO 2 Group 2 allowances for a control period, starting with the later of the control period in 2012, the first control period after the control period in which the TR SO 2 Group 2 unit commences commercial operation (for a unit not listed in appendix A to this subpart), or the first control period after the control period in which the unit resumes operation (for a unit listed in appendix A of this subpart) and for each subsequent control period.

(i) The request must be submitted on or before May 1 of the first control period for which TR SO 2 Group 2 allowances are sought and after the date on which the TR SO 2 Group 2 unit commences commercial operation (for a unit not listed in appendix A of this subpart) or on which the unit resumes operation (for a unit listed in appendix A of this subpart).

(ii) For each control period for which an allocation is sought, the request must be for TR SO 2 Group 2 allowances in an amount equal to the unit’s total tons of SO 2 emissions during the immediately preceding control period.

(3) The Administrator will review each TR SO 2 Group 2 allowance allocation request under paragraph (a)(2) of this section and will accept the request only if it meets the requirements of paragraph (a)(2) of this section. The Administrator will allocate TR SO 2 Group 2 allowances for each control period pursuant to an accepted request as follows:

(i) After May 1 of such control period, the Administrator will determine the sum of the TR SO 2 Group 2 allowances requested in all accepted allowance allocation requests for such control period.

(ii) If the amount of TR SO 2 Group 2 allowances in the new unit set-aside for such control period is greater than or equal to the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate the amount of TR SO 2 Group 2 allowances requested to each TR SO 2 Group 2 unit covered by an accepted allowance allocation request.

(iii) If the amount of TR SO 2 Group 2 allowances in the new unit set-aside for such control period is less than the sum under paragraph (a)(3)(i) of this section, then the Administrator will allocate to each TR SO 2 Group 2 unit covered by an accepted allowance allocation request the amount of the TR SO 2 Group 2 allowances requested, multiplied by the amount of TR SO 2 Group 2 allowances in the new unit set-aside for such control period, divided by the sum determined under paragraph (a)(3)(i) of this section, and rounded to the nearest allowance.

(iv) The Administrator will notify, through the promulgation of the notices of data availability described in § 97.711(b), each designated representative that submitted an allowance allocation request of the amount of TR SO 2 Group 2 allowances (if any) allocated for such control period to the TR SO 2 Group 2 unit covered by the request.

(b) If, after completion of the procedures under paragraph (a)(4) of this section for a control period, any unallocated TR SO 2 Group 2 allowances remain in the new unit set-aside under paragraph (a) of this section for a State for such control period, the Administrator will allocate to each TR SO 2 Group 2 unit that is in the State, is listed in appendix A to this subpart, and continues to be allocated TR SO 2 Group 2 allowances for such control period in accordance with § 97.711(a)(2), an amount of TR SO 2 Group 2 allowances equal to the following: The total amount of such remaining unallocated TR SO 2 Group 2 allowances in such new unit set-aside, multiplied by the unit’s allocation under § 97.711(a) for such control period, divided by the remainder of the amount of tons in the applicable State SO 2 Group 2 trading budget minus the amount of tons in such new unit set-aside, and rounded to the nearest allowance. **§ 97.713 Authorization of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.715, each TR SO 2 Group 2 source, including all TR SO 2 Group 2 units at the source, shall have one and only one designated representative, with regard to all matters under the TR SO 2 Group 2 Trading Program.

(1) The designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR SO 2 Group 2 units at the source and shall act in accordance with the certification statement in § 97.716(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716:

(i) The designated representative shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the source and each TR SO 2 Group 2 unit at the source in all matters pertaining to the TR SO 2 Group 2 Trading Program, notwithstanding any agreement between the designated representative and such owners and operators; and

(ii) The owners and operators of the source and each TR SO 2 Group 2 unit at the source shall be bound by any decision or order issued to the designated representative by the Administrator regarding the source or any such unit.

(b) Except as provided under § 97.715, each TR SO 2 Group 2 source may have one and only one alternate designated representative, who may act on behalf of the designated representative. The agreement by which the alternate designated representative is selected shall include a procedure for authorizing the alternate designated representative to act in lieu of the designated representative.

(1) The alternate designated representative shall be selected by an agreement binding on the owners and operators of the source and all TR SO 2 Group 2 units at the source and shall act in accordance with the certification statement in § 97.716(a)(4)(iii).

(2) Upon and after receipt by the Administrator of a complete certificate of representation under § 97.716,

(i) The alternate designated representative shall be authorized;

(ii) Any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be a representation, action,


### 45452 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules inaction, or submission by the designated representative; and

(iii) The owners and operators of the source and each TR SO 2 Group 2 unit at the source shall be bound by any decision or order issued to the alternate designated representative by the Administrator regarding the source or any such unit.

(c) Except in this section, § 97.702, and §§ 97.714 through 97.718, whenever the term ‘‘ designated representative ’’ is used in this subpart, the term shall be construed to include the designated representative or any alternate designated representative. **§ 97.714 Responsibilities of designated representative and alternate designated**  **representative.**

(a) Except as provided under § 97.718 concerning delegation of authority to make submissions, each submission under the TR SO 2 Group 2 Trading Program shall be made, signed, and certified by the designated representative or alternate designated representative for each TR SO 2 Group 2 source and TR SO 2 Group 2 unit for which the submission is made. Each such submission shall include the following certification statement by the designated representative or alternate designated representative: ‘‘ I am authorized to make this submission on behalf of the owners and operators of the source or units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(b) The Administrator will accept or act on a submission made for a TR SO 2 Group 2 source or a TR SO 2 Group 2 unit only if the submission has been made, signed, and certified in accordance with paragraph (a) of this section and § 97.718. **§ 97.715 Changing designated representative and alternate designated**  **representative; changes in owners and operators.** 

(a) Changing designated representative. The designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.716. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new designated representative and the owners and operators of the TR SO 2 Group 2 source and the TR SO 2 Group 2 units at the source.

(b) Changing alternate designated representative. The alternate designated representative may be changed at any time upon receipt by the Administrator of a superseding complete certificate of representation under § 97.716. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate designated representative before the time and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative, the designated representative, and the owners and operators of the TR SO 2 Group 2 source and the TR SO 2 Group 2 units at the source.

(c) Changes in owners and operators. (1) In the event an owner or operator of a TR SO 2 Group 2 source or a TR SO 2 Group 2 unit is not included in the list of owners and operators in the certificate of representation under § 97.716, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternate designated representative of the source or unit, and the decisions and orders of the Administrator, as if the owner or operator were included in such list.

(2) Within 30 days after any change in the owners and operators of a TR SO 2 Group 2 source or a TR SO 2 Group 2 unit, including the addition of a new owner or operator, the designated representative or any alternate designated representative shall submit a revision to the certificate of representation under § 97.716 amending the list of owners and operators to include the change. **§ 97.716 Certificate of representation.**

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

(1) Identification of the TR SO 2 Group 2 source, and each TR SO 2 Group 2 unit at the source, for which the certificate of representation is submitted, including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, unit identification number and type, identification number and nameplate capacity (in MWe rounded to the nearest tenth) of each generator served by each such unit, and actual or projected date of commencement of commercial operation.

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

(3) A list of the owners and operators of the TR SO 2 Group 2 source and of each TR SO 2 Group 2 unit at the source.

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

(i) ‘‘ I certify that I was selected as the designated representative or alternate designated representative, as applicable, by an agreement binding on the owners and operators of the source and each TR SO 2 Group 2 unit at the source. ’’

(ii) ‘‘ I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR SO 2 Group 2 Trading Program on behalf of the owners and operators of the source and of each TR SO 2 Group 2 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 order issued to me by the Administrator regarding the source or unit. ’’

(iii) ‘‘ Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a TR SO 2 Group 2 unit, or where a utility or industrial customer purchases power from a TR SO 2 Group 2 unit under a life-of-theunit, firm power contractual arrangement, I certify that: I have given a written notice of my selection as the ‘designated representative’ or ‘alternate designated representative’, as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each TR SO 2 Group 2 unit at the source; and TR SO 2 Group 2 allowances and proceeds of transactions involving TR SO 2 Group 2 allowances will be deemed to be held or distributed in proportion to each holder’s legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of TR SO 2 Group 2 allowances by contract, TR SO 2 Group 2 allowances and proceeds of transactions involving TR SO 2 Group 2


### 45453 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
allowances will be deemed to be held or distributed in accordance with the contract. ’’

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

(b) Unless otherwise required by the Administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted. **§ 97.717 Objections concerning designated representative and alternate**  **designated representative.**

(a) Once a complete certificate of representation under § 97.716 has been submitted and received, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under § 97.716 is received by the Administrator.

(b) Except as provided in § 97.715(a) or (b), no objection or other communication submitted to the Administrator concerning the authorization, or any representation, action, inaction, or submission, of a designated representative or alternate designated representative shall affect any representation, action, inaction, or submission of the designated representative or alternate designated representative or the finality of any decision or order by the Administrator under the TR SO 2 Group 2 Trading Program.

(c) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any designated representative or alternate designated representative, including private legal disputes concerning the proceeds of TR SO 2 Group 2 allowance transfers. **§ 97.718 Delegation by designated representative and alternate designated**  **representative.**

(a) A designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(b) An alternate designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate designated representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such designated representative or alternate designated representative;

(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an
‘‘ agent ’’ );

(3) For each such natural person, a list of the type or types of electronic submissions under paragraph (a) or (b) of this section for which authority is delegated to him or her; and

(4) The following certification statements by such designated representative or alternate designated representative:

(i) ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.718(d) shall be deemed to be an electronic submission by me. ’’

(ii) ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.718(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.718 is terminated. ’’

.

(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with regard to the designated representative or alternate designated representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under paragraph (d) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation. **§ 97.719 [Reserved] § 97.720 Establishment of Allowance**  **Management System accounts.**

(a) Compliance accounts. Upon receipt of a complete certificate of representation under § 97.716, the Administrator will establish a compliance account for the TR SO 2 Group 2 source for which the certificate of representation was submitted, unless the source already has a compliance account. The designated representative and any alternate designated representative of the source shall be the authorized account representative and the alternate authorized account representative respectively of the 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 TR SO 2 Group 2 allowances, by submitting to the Administrator a complete application for a general account. Such application shall designate one and only one authorized account representative and may designate one and only one alternate authorized account representative who may act on behalf of the authorized account representative.

(A) The authorized account representative and alternate authorized account representative shall be selected by an agreement binding on the persons who have an ownership interest with respect to TR SO 2 Group 2 allowances held in the general account.

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

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

(A) Name, mailing address, e-mail address (if any), telephone number, and facsimile transmission number (if any) of the authorized account representative and any alternate authorized account representative;

(B) An identifying name for the general account;

(C) A list of all persons subject to a binding agreement for the authorized account representative and any alternate authorized account representative to


### 45454 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules represent their ownership interest with respect to the TR SO 2 Group 2 allowances held in the general account;

(D) The following certification statement by the authorized account representative and any alternate authorized account representative: ‘‘ I certify that I was selected as the authorized account representative or the alternate authorized account representative, as applicable, by an agreement that is binding on all persons who have an ownership interest with respect to TR SO 2 Group 2 allowances held in the general account. I certify that I have all the necessary authority to carry out my duties and responsibilities under the TR SO 2 Group 2 Trading Program on behalf of such persons and that each such person shall be fully bound by my representations, actions, inactions, or submissions and by any order or decision issued to me by the Administrator regarding the general account. ’’

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

(iii) Unless otherwise required by the Administrator, documents of agreement referred to in the application for a general account shall not be submitted to the Administrator. The Administrator shall not be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

(2) Authorization of authorized account representative and alternate authorized account representative. (i) Upon receipt by the Administrator of a complete application for a general account under paragraph (b)(1) of this section, the Administrator will establish a general account for the person or persons for whom the application is submitted and upon and after such receipt by the Administrator:

(A) The authorized account representative of the general account shall be authorized and shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each person who has an ownership interest with respect to TR SO 2 Group 2 allowances held in the general account in all matters pertaining to the TR SO 2 Group 2 Trading Program, notwithstanding any agreement between the authorized account representative and such person.

(B) Any alternate authorized account representative shall be authorized, and any representation, action, inaction, or submission by any alternate authorized account representative shall be deemed to be a representation, action, inaction, or submission by the authorized account representative. (C) Each person who has an ownership interest with respect to TR SO 2 Group 2 allowances held in the general account shall be bound by any order or decision issued to the authorized account representative or alternate authorized account representative by the Administrator regarding the general account.

(ii) Except as provided in paragraph (b)(5) of this section concerning delegation of authority to make submissions, each submission concerning the general account shall be made, signed, and certified by the authorized account representative or any alternate authorized account representative for the persons having an ownership interest with respect to TR SO 2 Group 2 allowances held in the general account. Each such submission shall include the following certification statement by the authorized account representative or any alternate authorized account representative: ‘‘ I am authorized to make this submission on behalf of the persons having an ownership interest with respect to the TR SO 2 Group 2 allowances held in the general account. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment. ’’

(iii) Except in this section, whenever the term ‘‘ authorized account representative ’’ is used in this subpart, the term shall be construed to include the authorized account representative or any alternate authorized account representative.

(3) Changing authorized account representative and alternate authorized account representative; changes in persons with ownership interest. (i) The authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new authorized account representative and the persons with an ownership interest with respect to the TR SO 2 Group 2 allowances in the general account.

(ii) The alternate authorized account representative of a general account may be changed at any time upon receipt by the Administrator of a superseding complete application for a general account under paragraph (b)(1) of this section. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate authorized account representative before the time and date when the Administrator receives the superseding application for a general account shall be binding on the new alternate authorized account representative, the authorized account representative, and the persons with an ownership interest with respect to the TR SO 2 Group 2 allowances in the general account.

(iii)(A) In the event a person having an ownership interest with respect to TR SO 2 Group 2 allowances in the general account is not included in the list of such persons in the application for a general account, such person shall be deemed to be subject to and bound by the application for a general account, the representation, actions, inactions, and submissions of the authorized account representative and any alternate authorized account representative of the account, and the decisions and orders of the Administrator, as if the person were included in such list.

(B) Within 30 days after any change in the persons having an ownership interest with respect to SO 2 Group 2 allowances in the general account, including the addition of a new person, the authorized account representative or any alternate authorized account representative shall submit a revision to the application for a general account amending the list of persons having an ownership interest with respect to the TR SO 2 Group 2 allowances in the general account to include the change.

(4) Objections concerning authorized account representative and alternate authorized account representative. (i) Once a complete application for a general account under paragraph (b)(1) of this section has been submitted and received, the Administrator will rely on the application unless and until a superseding complete application for a general account under paragraph (b)(1) of this section is received by the Administrator.

(ii) Except as provided in paragraph (b)(3)(i) or (ii) of this section, no objection or other communication submitted to the Administrator concerning the authorization, or any


### 45455 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account shall affect any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative or the finality of any decision or order by the Administrator under the TR SO 2 Group 2 Trading Program.

(iii) The Administrator will not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of the authorized account representative or any alternate authorized account representative of a general account, including private legal disputes concerning the proceeds of TR SO 2 Group 2 allowance transfers.

(5) Delegation by authorized account representative and alternate authorized account representative. (i) An authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(ii) An alternate authorized account representative of a general account may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this subpart.

(iii) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (b)(5)(i) or (ii) of this section, the authorized account representative or alternate authorized account representative, as appropriate, must submit to the Administrator a notice of delegation, in a format prescribed by the Administrator, that includes the following elements:

(A) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such authorized account representative or alternate authorized account representative;

(B) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an ‘‘ agent ’’ );

(C) For each such natural person, a list of the type or types of electronic submissions under paragraph (b)(5)(i) or (ii) of this section for which authority is delegated to him or her;

(D) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ I agree that any electronic submission to the Administrator that is made by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am an authorized account representative or alternate authorized representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(b)(5)(iv) shall be deemed to be an electronic submission by me. ’’ ; and

(E) The following certification statement by such authorized account representative or alternate authorized account representative: ‘‘ Until this notice of delegation is superseded by another notice of delegation under 40 CFR 97.720(b)(5)(iv), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 40 CFR 97.720(b)(5) is terminated. ’’

.

(iv) A notice of delegation submitted under paragraph (b)(5)(iii) of this section shall be effective, with regard to the authorized account representative or alternate authorized account representative identified in such notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of a superseding notice of delegation submitted by such authorized account representative or alternate authorized account representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(v) Any electronic submission covered by the certification in paragraph (b)(5)(iii)(D) of this section and made in accordance with a notice of delegation effective under paragraph (b)(5)(iv) of this section shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.

(6)(i) The authorized account representative or alternate authorized account representative of a general account may submit to the Administrator a request to close the account. Such request shall include a correctly submitted TR SO 2 Group 2 allowance transfer under § 97.722 for any TR SO 2 Group 2 allowances in the account to one or more other Allowance Management System accounts.

(ii) If a general account has no TR SO 2 Group 2 allowance transfers to or from the account for a 12-month period or longer and does not contain any TR SO 2 Group 2 allowances, the Administrator may notify the authorized account representative for the account that the account will be closed 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 TR SO 2 Group 2 allowance transfer under § 97.722 to the account or a statement submitted by the authorized account representative or alternate authorized account representative demonstrating to the satisfaction of the Administrator good cause as to why the account should not be closed.

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

(d) Responsibilities of authorized account representative and alternate authorized account representative. After the establishment of an Allowance Management System account, the Administrator will accept or act on a submission pertaining to the account, including, but not limited to, submissions concerning the deduction or transfer of TR SO 2 Group 2 allowances in the account, only if the submission has been made, signed, and certified in accordance with §§ 97.714(a) and 97.718 or paragraphs (b)(2)(ii) and (b)(5) of this section. **§ 97.721 Recordation of TR SO** 2 **Group 2 allowance allocations.** 

(a) By September 1, 2011, the Administrator will record in each TR SO 2 Group 2 source’s compliance account the TR SO 2 Group 2 allowances allocated for the TR SO 2 Group 2 units at the source in accordance with §§ 97.711(a) for the control periods in 2012, 2013, and 2014.

(b) By June 1, 2012 and June 1 of each year thereafter, the Administrator will record in each TR SO 2 Group 2 source’s compliance account the TR SO 2 Group 2 allowances allocated for the TR SO 2 Group 2 units at the source in accordance with § 97.711(a) for the control period in the third year after the year of the applicable recordation deadline under this paragraph.

(c) By September 1, 2012 and September 1 of each year thereafter, the Administrator will record in each TR SO 2 Group 2 source’s compliance account the TR SO 2 Group 2 allowances allocated for the TR SO 2 Group 2 units at the source in accordance with § 97.712 for the control period in the year of the applicable recordation deadline under this paragraph.

(d) When recording the allocation of TR SO 2 Group 2 allowances for a TR SO 2 Group 2 unit in a compliance


### 45456 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules account, the Administrator will assign each TR SO 2 Group 2 allowance a unique identification number that will include digits identifying the year of the control period for which the TR SO 2 Group 2 allowance is allocated. **§ 97.722 Submission of TR SO** 2 **Group 2 allowance transfers.** 

(a) An authorized account representative seeking recordation of a TR SO 2 Group 2 allowance transfer shall submit the transfer to the Administrator.

(b) A TR SO 2 Group 2 allowance transfer shall be correctly submitted if:

(1) The transfer includes the following elements, in a format prescribed by the Administrator:

(i) The account numbers established by the Administrator for both the transferor and transferee accounts;

(ii) The serial number of each TR SO 2 Group 2 allowance that is in the transferor account and is to be transferred; and

(iii) The name and signature of the authorized account representative of the transferor account and the date signed; and

(2) When the Administrator attempts to record the transfer, the transferor account includes each TR SO 2 Group 2 allowance identified by serial number in the transfer. **§ 97.723 Recordation of TR SO** 2 **Group 2 allowance transfers.** 

(a) Within 5 business days (except as provided in paragraph (b) of this section) of receiving a TR SO 2 Group 2 allowance transfer, the Administrator will record a TR SO 2 Group 2 allowance transfer by moving each TR SO 2 Group 2 allowance from the transferor account to the transferee account as specified by the request, provided that the transfer is correctly submitted under § 97.722.

(b)(1) A TR SO 2 Group 2 allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any TR SO 2 Group 2 allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under § 97.724 for the control period immediately before such allowance transfer deadline.

(2) A TR SO 2 Group 2 allowance transfer that is submitted for recordation after the deadline for holding TR SO 2 Group 2 allowances described in § 97.725(b)(5) and that includes any TR SO 2 Group 2 allowances allocated for a control period before the year of such deadline will not be recorded until after the Administrator completes the deductions under § 97.725 for the control period immediately before the year of such deadline.

(c) Where a TR SO 2 Group 2 allowance transfer is not correctly submitted under § 97.722, the Administrator will not record such transfer.

(d) Within 5 business days of recordation of a TR SO 2 Group 2 allowance transfer under paragraphs (a) and (b) of the section, the Administrator will notify the authorized account representatives of both the transferor and transferee accounts.

(e) Within 10 business days of receipt of a TR SO 2 Group 2 allowance transfer that is not correctly submitted under § 97.722, the Administrator will notify the 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 nonrecordation. **§ 97.724 Compliance with TR SO** 2 **Group 2 emissions limitation.** 

(a) Availability for deduction for compliance. TR SO 2 Group 2 allowances are available to be deducted for compliance with a source’s TR SO 2 Group 2 emissions limitation for a control period in a given year only if the TR SO 2 Group 2 allowances:

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

(2) Are held in the source’s compliance account as of the allowance transfer deadline for such control period.

(b) Deductions for compliance. After the recordation, in accordance with § 97.723, of TR SO 2 Group 2 allowance transfers submitted by the allowance transfer deadline for a control period, the Administrator will deduct from the compliance account TR SO 2 Group 2 allowances available under paragraph (a) of this section in order to determine whether the source meets the TR SO 2 Group 2 emissions limitation for such control period, as follows:

(1) Until the amount of TR SO 2 Group 2 allowances deducted equals the number of tons of total SO 2 emissions from all TR SO 2 Group 2 units at the source for such control period; or

(2) If there are insufficient TR SO 2 Group 2 allowances to complete the deductions in paragraph (b)(1) of this section, until no more TR SO 2 Group 2 allowances available under paragraph (a) of this section remain in the compliance account.

(c)(1) Identification of TR SO 2 Group 2 allowances by serial number. The authorized account representative for a source’s compliance account may request that specific TR SO 2 Group 2 allowances, identified by serial number, in the compliance account be deducted for emissions or excess emissions for a control period in accordance with paragraph (b) or (d) of this section. In order to be complete, such request shall be submitted to the Administrator by the allowance transfer deadline for such control period and include, in a format prescribed by the Administrator, the identification of the TR SO 2 Group 2 source and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR SO 2 Group 2 allowances under paragraph (b) or (d) of this section from the source’s compliance account in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR SO 2 Group 2 allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR SO 2 Group 2 allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR SO 2 Group 2 allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Deductions for excess emissions. After making the deductions for compliance under paragraph (b) of this section for a control period in a year in which the TR SO 2 Group 2 source has excess emissions, the Administrator will deduct from the source’s compliance account an amount of TR SO 2 Group 2 allowances, allocated for the control period in the immediately following year, equal to two times the number of tons of the source’s excess emissions.

(e) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraphs (b) and (d) of this section. **§ 97.725 Compliance with TR SO** 2 **Group 2 assurance provisions.** 

(a) Availability for deduction. TR SO 2 Group 2 allowances are available to be deducted for compliance with the TR SO 2 Group 2 assurance provisions for a control period in a given year by an owner of one or more TR SO 2 Group 2 units in a State only if the TR SO 2 Group 2 allowances:

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

(2) Are held in a compliance account, designated by the owner in accordance with paragraph (b)(4)(ii) of this section,


### 45457 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
of one of the owner’s TR SO 2 Group 2 sources in the State as of the deadline established in paragraph (b)(5) of this section.

(b) Deductions for compliance. The Administrator will deduct TR SO 2 Group 2 allowances available under paragraph (a) of this section for compliance with the TR SO 2 Group 2 assurance provisions for a State for a control period in a given year in accordance with the following procedures:

(1) By June 1, 2015 and June 1 of each year thereafter, the Administrator will:

(i) Calculate, separately for each State, the total amount of SO 2 emissions from all TR SO 2 Group 2 units in the State during the control period in the year before the year of this calculation deadline and the amount, if any, by which such total amount of NO X emissions exceeds the State assurance level as described in § 97.706(c)(2)(iii); and

(ii) Promulgate a notice of availability of the results of the calculations required in paragraph (b)(1)(i) of this section, including separate calculations of the SO 2 emissions for each TR SO 2 Group 2 unit and of the amounts described in §§ 97.706(c)(2)(iii)(A) and (B) for each State.

(2) The Administrator will provide an opportunity for submission of objections to the calculations referenced by each notice described in paragraph (b)(1) of this section.

(i) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each TR SO 2 Group 2 unit and each State for the control period in the year involved are in accordance with § 97.706(c)(2)(iii) and §§ 97.706(b) and 97.730 through 97.735.

(ii) The Administrator will adjust the calculations to the extent necessary to ensure that they are in accordance with the provisions referenced in paragraph (b)(2)(i) of this section. By August 1 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(2)(i) of this section.

(3) For each notice of data availability required in paragraph (b)(2)(ii) of this section and for any State identified in such notice as having TR SO 2 Group 2 sources with total SO 2 emissions exceeding the State assurance level for a control period, as described in § 97.706(c)(2)(iii): (i) By August 15 immediately after the promulgation of such notice, the designated representative of each TR SO 2 Group 2 source in each such State shall submit a statement, in a format prescribed by the Administrator:

(A) Listing all the owners of each TR SO 2 Group 2 unit at the source, explaining how the selection of each owner for inclusion on the list is consistent with the definition of
‘‘ owner ’’ in § 97.702, and listing, separately for each unit, the percentage of the legal, equitable, leasehold, or contractual reservation or entitlement for each such owner as of midnight of December 31 of the control period in the year involved; and

(B) For each TR SO 2 Group 2 unit at the source that operates during, but is allocated no TR SO 2 Group 2 allowances for, the control period in the year involved, identifying whether the unit is a coal-fired boiler, simple combustion turbine, or combined cycle turbine cycle and providing the unit’s allowable SO 2 emission rate for such control period.

(ii) By September 15 immediately after the promulgation of such notice, the Administrator will calculate, for each such State and each owner of one or more TR SO 2 Group 2 units in the State and for the control period in the year involved, each owner’s share of the total SO 2 emissions from all TR SO 2 Group 2 units in the State, each owner’s assurance level, and the amount (if any) of TR SO 2 Group 2 allowances that each owner must hold in accordance with the calculation formula in § 97.706(c)(2)(i) and will promulgate a notice of availability of the results of these calculations.

(iii) The Administrator will provide an opportunity for submission of objections to the calculations referenced by the notice of data availability required in paragraph (b)(3)(ii) of this section.

(A) Objections shall be submitted by the deadline specified in such notice and shall be limited to addressing whether the calculations for each owner for the control period in the year involved are consistent with the SO 2 emissions for the relevant TR SO 2 Group 2 units as set forth in the notice required in paragraph (b)(2)(ii) of this section, the definitions of ‘‘ owner ’’ , ‘‘ owner’s assurance level ’’ , and ‘‘ owner’s share ’’ in § 97.702, and the calculation formula in § 97.706(c)(2)(i) and shall not raise any issues about any data used in the notice of data availability required in paragraph (b)(2)(ii) of this section.

(B) The Administrator will adjust the calculations to the extent necessary to ensure that they are consistent with the data and provisions referenced in paragraph (b)(3)(iii)(A) of this section. By November 15 immediately after the promulgation of such notice, the Administrator will promulgate a notice of availability of any adjustments that the Administrator determines to be necessary and the reasons for accepting or rejecting any objections submitted in accordance with paragraph (b)(3)(iii)(A) of this section.

(4) By December 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section:

(i) Each owner identified, in such notice, as owning one or more TR SO 2 Group 2 units in a State and as being required to hold TR SO 2 Group 2 allowances shall designate the compliance account of one of the sources at which such unit or units are located to hold such required TR SO 2 Group 2 allowances;

(ii) The authorized account representative for the compliance account designated under paragraph (b)(4)(i) of this section shall submit to the Administrator a statement, in a format prescribed by the Administrator, making this designation.

(5)(i) As of midnight of December 15 immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section, each owner described in paragraph (b)(4)(i) of this section shall hold in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section the total amount of TR SO 2 Group 2 allowances, available for deduction under paragraph (a) of this section, equal to the amount the owner is required to hold as calculated by the Administrator and referenced in such notice.

(ii) Notwithstanding the allowanceholding deadline specified in paragraph (b)(5)(i) of this section, if December 15 is not a business day, then such allowance-holding deadline shall be midnight of the first business day thereafter.

(6) After December 15 (or the date described in paragraph (b)(5)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(3)(iii)(B) of this section and after the recordation, in accordance with § 97.723, of TR SO 2 Group 2 allowance transfers submitted by midnight of such date, the Administrator will deduct from each compliance account designated in accordance with paragraph (b)(4)(ii) of this section, TR SO 2 Group 2 allowances available under paragraph (a) of this section, as follows:

(i) Until the amount of TR SO 2 Group 2 allowances deducted equals the


### 45458 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules amount that the owner designating the compliance account is required to hold as calculated by the Administrator and referenced in the notice required in paragraph (b)(3)(iii)(B) of this section; or

(ii) If there are insufficient TR SO 2 Group 2 allowances to complete the deductions in paragraph (b)(6)(i) of this section, until no more TR SO 2 Group 2 allowances available under paragraph (a) of this section remain in the compliance account.

(7) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notices of data availability required in paragraphs (b)(2)(ii) and (b)(3)(iii)(B) of this section respectively for a control period, of any data used in making the calculations referenced in such notice, the amount of TR SO 2 Group 2 allowances that each owner is required to hold in accordance with § 97.706(c)(2)(i) for the control period in the year involved shall continue to be such amount as calculated by the Administrator and referenced in such notice required in paragraph (b)(3)(iii)(B) of this section, except as follows:

(i) If any such data are revised by the Administrator as a result of a decision in or settlement of litigation concerning such data on appeal under part 78 of this chapter of such notice, or on appeal under section 307 of the Clean Air Act of a decision rendered under part 78 of this chapter on appeal of such notice, then the Administrator will use the data as so revised to recalculate the amounts of TR SO 2 Group 2 allowances that owners are required to hold in accordance with the calculation formula in § 97.706(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that—

(A) With regard to such litigation involving such notice required in paragraph (b)(2)(ii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(2)(ii) of this section; and

(B) With regard to such litigation involving such notice required in paragraph (b)(3)(iii) of this section, such litigation under part 78 of this chapter, or the proceeding under part 78 of this chapter that resulted in the decision appealed in such litigation under section 307 of the Clean Air Act, was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii) of this section. (ii) If any such data are revised by the owners and operators of a source whose designated representative submitted such data under paragraph (b)(3)(i) of this section, as a result of a decision in or settlement of litigation concerning such submission, then the Administrator will use the data as so revised to recalculate the amounts of TR SO 2 Group 2 allowances that owners are required to hold in accordance with the calculation formula in § 97.706(c)(2)(i) for the control period in the year involved with regard to the State involved, provided that such litigation was initiated no later than 30 days after promulgation of such notice required in paragraph (b)(3)(iii)(B) of this section.

(iii) If the revised data are used to recalculate, in accordance with paragraphs (b)(7)(i) and (b)(7)(ii) of this section, the amount of TR SO 2 Group 2 allowances that an owner is required to hold for the control period in the year involved with regard to the State involved—

(A) Where the amount of TR SO 2 Group 2 allowances that an owner is required to hold increases as a result of the use of all such revised data, the Administrator will establish a new, reasonable deadline on which the owner shall hold the additional amount of TR SO 2 Group 2 allowances in the compliance account designated by the owner in accordance with paragraph (b)(4)(ii) of this section. The owner’s failure to hold such additional amount, as required, before the new deadline shall not be a violation of the Clean Air Act. The owner’s failure to hold such additional amount, as required, as of the new deadline shall be a violation of the Clean Air Act. Each TR SO 2 Group 2 allowance that the owner fails to hold as required as of the new deadline, and each day in the control period in the year involved, shall be a separate violation of the Clean Air Act. After such deadline, the Administrator will make the appropriate deductions from the compliance account.

(B) For an owner for which the amount of TR SO 2 Group 2 allowances required to be held decreases as a result of the use of all such revised data, the Administrator will record, in the compliance account that the owner designated in accordance with paragraph (b)(4)(ii) of this section, an amount of TR SO 2 Group 2 allowances equal to the amount of the decrease to the extent such amount was previously deducted from the compliance account under paragraph (b)(6) of this section (and has not already been restored to the compliance account) for the control period in the year involved. (C) Each TR SO 2 Group 2 allowance held and deducted under paragraph (b)(7)(iii)(A) of this section, or recorded under paragraph (b)(7)(iii)(B) of this section, as a result of recalculation of requirements under the TR SO 2 Group 2 assurance provisions for a control period in a given year must be a TR SO 2 Group 2 allowance allocated for a control period in the same or a prior year.

(c)(1) Identification of TR SO 2 Group 2 allowances by serial number. The authorized account representative for each source’s compliance account designated in accordance with paragraph (b)(4)(ii) of this section may request that specific TR SO 2 Group 2 allowances, identified by serial number, in the compliance account be deducted in accordance with paragraph (b)(6) or (7) of this section. In order to be complete, such request shall be submitted to the Administrator by the allowance-holding deadline described in paragraph (b)(5) of this section and include, in a format prescribed by the Administrator, the identification of the compliance account and the appropriate serial numbers.

(2) First-in, first-out. The Administrator will deduct TR SO 2 Group 2 allowances under paragraphs (b)(6) and (7) of this section from each source’s compliance account designated under paragraph (b)(4)(ii) of this section in accordance with a complete request under paragraph (c)(1) of this section or, in the absence of such request or in the case of identification of an insufficient amount of TR SO 2 Group 2 allowances in such request, on a first-in, first-out (FIFO) accounting basis in the following order:

(i) Any TR SO 2 Group 2 allowances that were allocated to the units at the source and not transferred out of the compliance account, in the order of recordation; and then

(ii) Any TR SO 2 Group 2 allowances that were allocated to any unit and transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation.

(d) Recordation of deductions. The Administrator will record in the appropriate compliance account all deductions from such an account under paragraph (b) of this section. **§ 97.726 Banking.**

(a) A TR SO 2 Group 2 allowance 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 TR SO 2 Group 2 allowance that is held in a compliance account or a general account will remain in such


### 45459 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
account unless and until the TR SO 2 Group 2 allowance is deducted or transferred under § 97.711(c), § 97.723, § 97.724, § 97.725, 97.727, 97.728, 97.742, or 97.743. **§ 97.727 Account error.**

The Administrator may, at his or her sole discretion and on his or her own motion, correct any error in any Allowance Management System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account. **§ 97.728 Administrator’s action on submissions.** 

(a) The Administrator may review and conduct independent audits concerning any submission under the TR SO 2 Group 2 Trading Program and make appropriate adjustments of the information in the submission.

(b) The Administrator may deduct TR SO 2 Group 2 allowances from or transfer TR SO 2 Group 2 allowances to a source’s compliance account based on the information in a submission, as adjusted under paragraph (a)(1) of this section, and record such deductions and transfers. **§ 97.729 [Reserved] § 97.730 General monitoring,**  **recordkeeping, and reporting requirements.**

The owners and operators, and to the extent applicable, the designated representative, of a TR SO 2 Group 2 unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this subpart and subparts F and G of part 75 of this chapter. For purposes of applying such requirements, the definitions in § 97.702 and in § 72.2 of this chapter shall apply, 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 ‘‘ TR SO 2 Group 2 unit, ’’ ‘‘ designated representative, ’’ and ‘‘ continuous emission monitoring system ’’ (or
‘‘ CEMS ’’ ) respectively as defined in § 97.702, and the term ‘‘ newly affected unit ’’ shall be deemed to mean ‘‘ newly affected TR SO 2 Group 2 unit ’’ . The owner or operator of a unit that is not a TR SO 2 Group 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 TR SO 2 Group 2 unit.

(a) Requirements for installation, certification, and data accounting. The owner or operator of each TR SO 2 Group 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 § 97.731 and meet all other requirements of this subpart and part 75 of this chapter applicable to the monitoring systems under paragraph (a)(1) of this section; and

(3) Record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section.

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

(1) For the owner or operator of a TR SO 2 Group 2 unit that commences commercial operation before July 1, 2011, by January 1, 2012.

(2) For the owner or operator of a TR SO 2 Group 2 unit that commences commercial operation on or after July 1, 2011, by the later of the following dates:

(i) January 1, 2012; or (ii) 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.

(3) For the owner or operator of a TR SO 2 Group 2 unit for which construction of a new stack or flue or installation of add-on SO 2 emission controls is completed after the applicable deadline under paragraph (b)(1) or (2) of this section, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on SO 2 emissions controls.

(4) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, by the date specified in § 97.741(c).

(5) Notwithstanding the dates in paragraphs (b)(1) and (2) of this section, for the owner or operator of a TR SO 2 Group 2 opt-in unit, by the date on which the TR SO 2 Group 2 opt-in unit enters the TR SO 2 Group 2 Trading Program as provided in § 97.741(h).

(c) Reporting data. The owner or operator of a TR SO 2 Group 2 unit that does not meet the applicable compliance date set forth in paragraph (b) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for SO 2 concentration, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine SO 2 mass emissions and heat input in accordance with § 75.31(b)(2) or (c)(3) of this chapter or section 2.4 of appendix D to part 75 of this chapter, as applicable.

(d) Prohibitions. (1) No owner or operator of a TR SO 2 Group 2 unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this subpart without having obtained prior written approval in accordance with § 97.735.

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

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

(4) No owner or operator of a TR SO 2 Group 2 unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this subpart, except under any one of the following circumstances:

(i) During the period that the unit is covered by an exemption under § 97.705 that is in effect;

(ii) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subpart and part 75 of this chapter, by the Administrator for use at that unit that provides emission data for the same


### 45460 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules pollutant or parameter as the retired or discontinued monitoring system; or

(iii) The designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with § 97.731(d)(3)(i).

(e) Long-term cold storage. The owner or operator of a TR SO 2 Group 2 unit is subject to the applicable provisions of § 75.4(d) of this chapter concerning units in long-term cold storage. **§ 97.731 Initial monitoring system certification and recertification procedures.** 

(a) The owner or operator of a TR SO 2 Group 2 unit shall be exempt from the initial certification requirements of this section for a monitoring system under § 97.730(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 appendices B and D to part 75 of this chapter are fully met for the certified monitoring system described in paragraph (a)(1) of this section.

(b) The recertification provisions of this section shall apply to a monitoring system under § 97.730(a)(1) 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 TR SO 2 Group 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 § 97.730(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 § 97.730(a)(1) (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under § 75.20 of this chapter by the applicable deadline in § 97.730(b). In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this subpart in a location where no such monitoring system was previously installed, initial certification in accordance with § 75.20 of this chapter is required.

(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under § 97.730(a)(1) that may significantly affect the ability of the system to accurately measure or record SO 2 mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of § 75.21 of this chapter or appendix B to part 75 of this chapter, the owner or operator shall recertify the monitoring system in accordance with § 75.20(b) of this chapter. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit’s operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system whose accuracy is potentially affected by the change, in accordance with § 75.20(b) of this chapter. Examples of changes to a continuous emission monitoring system that require recertification include: Replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site. Any fuel flowmeter system under § 97.730(a)(1) is subject to the recertification requirements in § 75.20(g)(6) of this chapter.

(3) Approval process for initial certification and recertification. For initial certification of a continuous monitoring system under § 97.730(a)(1), paragraphs (d)(3)(i) through (v) of this section apply. For recertifications of such monitoring systems, paragraphs (d)(3)(i) through (iv) of this section and the procedures in §§ 75.20(b)(5) and (g)(7) of this chapter (in lieu of the procedures in paragraph (d)(3)(v) of this section) apply, provided that in applying paragraphs (d)(3)(i) through (iv) of this section, the words
‘‘ certification ’’ and ‘‘ initial certification ’’ are replaced by the word
‘‘ recertification ’’ and the word ‘‘ certified ’’ is replaced by the word ‘‘ recertified ’’

.

(i) Notification of certification. The designated representative shall submit to the appropriate EPA Regional Office and the Administrator written notice of the dates of certification testing, in accordance with § 97.733.

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

(iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with § 75.20(a)(3) of this chapter. A provisionally certified monitoring system may be used under the TR SO 2 Group 2 Trading Program for a period not to exceed 120 days after receipt by the Administrator of the complete certification application for the monitoring system under paragraph (d)(3)(ii) of this section. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of part 75 of this chapter, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Administrator does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the Administrator.

(iv) Certification application approval process. The Administrator will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under paragraph (d)(3)(ii) of this section. In the event the Administrator does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of part 75 of this chapter and is included in the certification application will be deemed certified for use under the TR SO 2 Group 2 Trading Program.

(A) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of part 75 of this chapter, then the Administrator will issue a written notice of approval of the certification application within 120 days of receipt.

(B) Incomplete application notice. If the certification application is not complete, then the Administrator will issue a written notice of incompleteness that sets a reasonable date by which the designated representative must submit the additional information required to complete the certification application. If the designated representative does not comply with the notice of incompleteness by the specified date, then the Administrator may issue a notice of disapproval under paragraph (d)(3)(iv)(C) of this section. The 120-day review period specified in paragraph


### 45461 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules (d)(3) of this section shall not begin before receipt of a complete certification application.

(C) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of part 75 of this chapter or if the certification application is incomplete and the requirement for disapproval under paragraph (d)(3)(iv)(B) of this section is met, then the Administrator will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Administrator and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under § 75.20(a)(3) of this chapter).

(D) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a monitor in accordance with § 97.732(b).

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

(A) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under § 75.20(a)(4)(iii), § 75.20(g)(7), or § 75.21(e) of this chapter and continuing until the applicable date and hour specified under § 75.20(a)(5)(i) or (g)(7) of this chapter:

(1) For a disapproved SO 2 pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of SO 2 and the maximum potential flow rate, as defined in sections 2.1.1.1 and 2.1.4.1 of appendix A to part 75 of this chapter.

(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO 2 concentration or the minimum potential O 2 concentration (as applicable), as defined in sections 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to part 75 of this chapter.

(3) For a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to part 75 of this chapter. (B) The designated representative shall submit a notification of certification retest dates and a new certification application in accordance with paragraphs (d)(3)(i) and (ii) of this section.

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

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

(f) The designated representative of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator under subpart E of part 75 of this chapter shall comply with the applicable notification and application procedures of § 75.20(f) of this chapter. **§ 97.732 Monitoring system out-of-control periods.** 

(a) General provisions. Whenever any monitoring system fails to meet the quality-assurance and quality-control requirements or data validation requirements of part 75 of this chapter, data shall be substituted using the applicable missing data procedures in subpart D or appendix D to part 75 of this chapter.

(b) Audit decertification. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under § 97.731 or the applicable provisions of part 75 of this chapter, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Administrator or any permitting authority. By issuing the notice of disapproval, the Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the applicable initial certification or recertification procedures in § 97.731 for each disapproved monitoring system. **§ 97.733 Notifications concerning monitoring.** 

The designated representative of a TR SO 2 Group 2 unit shall submit written notice to the Administrator in accordance with § 75.61 of this chapter. **§ 97.734 Recordkeeping and reporting.**

(a) General provisions. The 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 § 97.714(a).

(b) Monitoring plans. The owner or operator of a TR SO 2 Group 2 unit shall comply with requirements of § 75.62 of this chapter.

(c) Certification applications. The designated representative shall submit an application to the Administrator within 45 days after completing all initial certification or recertification tests required under § 97.731, including the information required under § 75.63 of this chapter.

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

(1) The designated representative shall report the SO 2 mass emissions data and heat input data for the TR SO 2 Group 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, 2011, the calendar quarter covering January 1, 2012 through March 31, 2012;

(ii) For a unit that commences commercial operation on or after July 1, 2011, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.730(b), unless that quarter is the third or fourth quarter of 2011, in which case reporting shall


### 45462 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules commence in the quarter covering January 1, 2012 through March 31, 2012;

(iii) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved, the calendar quarter corresponding to the date specified in § 97.741(c); and

(iv) Notwithstanding paragraphs (d)(1)(i) and (ii) of this section, for a TR SO 2 Group 2 opt-in unit, the calendar quarter corresponding to the date on which the TR SO 2 Group 1 opt-in unit enters the TR SO 2 Group 2 Trading Program as provided in § 97.71(h).

(2) The designated representative shall submit each quarterly report to the Administrator within 30 days after the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in § 75.64 of this chapter.

(3) For TR SO 2 Group 2 units that are also subject to the Acid Rain Program, TR NO X Annual Trading Program, or TR NO X Ozone Season Trading Program, quarterly reports shall include the applicable data and information required by subparts F through H of part 75 of this chapter as applicable, in addition to the SO 2 mass emission data, heat input data, and other information required by this subpart.

(4) The Administrator may review and conduct independent audits of any quarterly report in order to determine whether the quarterly report meets the requirements of this subpart and part 75 of this chapter, including the requirement to use substitute data.

(i) The Administrator will notify the designated representative of any determination that the quarterly report fails to meet any such requirements and specify in such notification any corrections that the Administrator believes are necessary to make through resubmission of the quarterly report and a reasonable time period within which the designated representative must respond. Upon request by the designated representative, the Administrator may specify reasonable extensions of such time period. Within the time period (including any such extensions) specified by the Administrator, the designated representative shall resubmit the quarterly report with the corrections specified by the Administrator, except to the extent the designated representative provides information demonstrating that a specified correction is not necessary because the quarterly report already meets the requirements of this subpart and part 75 of this chapter that are relevant to the specified correction. (ii) Any resubmission of a quarterly report shall meet the requirements applicable to the submission of a quarterly report under this subpart and part 75 of this chapter, except for the deadline set forth in paragraph (d)(2) of this section.

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

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

(2) For a unit with add-on SO 2 emission controls and for all hours where SO 2 data are substituted in accordance with § 75.34(a)(1) of this chapter, the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to part 75 of this chapter and the substitute data values do not systematically underestimate SO 2 emissions. **§ 97.735 Petitions for alternatives to monitoring, recordkeeping, or reporting**  **requirements.**

(a) The designated representative of a TR SO 2 Group 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 §§ 97.730 through 97.734 or paragraph (5)(i) or (ii) of the definition of ‘‘ owner’s share ’’ in § 97.702.

(b) A petition submitted under paragraph (a) of this section shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(i) Identification of each unit and source covered by the petition;

(ii) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(iii) A description and diagram of any equipment and procedures used in the proposed alternative;

(iv) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and with the purposes of this subpart and part 75 of this chapter and that any adverse effect of approving the alternative will be de minimis; and

(v) Any other relevant information that the Administrator may require.

(c) Use of an alternative to any requirement referenced in paragraph (a) of this section is in accordance with this subpart only to the extent that the petition is approved in writing by the Administrator and that such use is in accordance with such approval. **§ 97.740 General requirements for TR SO** 2 **Group 2 opt-in units.**

(a) A TR SO 2 Group 2 opt-in unit must be a unit that:

(1) Is located in a State; (2) Is not a TR SO 2 Group 2 unit under § 97.704;

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

(4) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of this subpart.

(b) A TR SO 2 Group 2 opt-in unit shall be deemed to be a TR SO 2 Group 2 unit for purposes of applying this subpart, except for §§ 97.705, 97.711, and 97.712.

(c) Solely for purposes of applying the requirements of §§ 97.713 through 97.718 and §§ 97.730 through 97.735, a unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved under § 97.742 shall be deemed to be a TR SO 2 Group 2 unit.

(d) Any TR SO 2 Group 2 opt-in unit, and any unit for which a TR opt-in application is submitted and not withdrawn and is not yet approved or disapproved under § 97.742, located at the same source as one or more TR SO 2 Group 2 units shall have the same designated representative and alternate designated representative as such TR SO 2 Group 2 units. **§ 97.741 Opt-in process.**

A unit meeting the requirements for a TR SO 2 Group 2 opt-in unit in § 97.740(a) may become a TR SO 2 Group 2 opt-in unit only if, in accordance with this section, the designated representative of the unit submits a complete TR opt-in application for the unit and the Administrator approves the application.

(a) Applying to opt-in. The designated representative of the unit may submit a complete TR opt-in application for the unit at any time, except as provided under § 97.742(e). A complete TR opt-in application shall include the following elements in a format prescribed by the Administrator:

(1) Identification of the unit and the source where the unit is located,


### 45463 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules including source name, source category and NAICS code (or, in the absence of a NAICS code, an equivalent code), State, plant code, county, latitude and longitude, and unit identification number and type;

(2) A certification that the unit: (i) Is not a TR SO 2 Group 2 unit under § 97.704;

(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 (greater than 0 mmBtu) for more than 876 hours during the 6 months immediately preceding submission of the TR opt-in application;

(3) A monitoring plan in accordance with §§ 97.730 through 97.735;

(4) A statement that the unit, if approved to become a TR SO 2 Group 2 unit under paragraph (g) of this section, may withdraw from the TR SO 2 Group 2 Trading Program only in accordance with § 97.742;

(5) A statement that the unit, if approved to become a TR SO 2 Group 2 unit under paragraph (g) of this section, is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.743;

(6) A complete certificate of representation under § 97.716 consistent with § 97.740, if no designated representative has been previously designated for the source that includes the unit; and

(7) The signature of the designated representative and the date signed.

(b) Interim review of monitoring plan. The Administrator will determine, on an interim basis, the sufficiency of the monitoring plan submitted under paragraph (a)(3) of this section. The monitoring plan is sufficient, for purposes of interim review, if the plan appears to contain information demonstrating that the SO 2 emission rate and heat input of the unit and all other applicable parameters are monitored and reported in accordance with §§ 97.730 through 97.735. A determination of sufficiency shall not be construed as acceptance or approval of the monitoring plan.

(c) Monitoring and reporting. (1)(i) If the Administrator determines that the monitoring plan is sufficient under paragraph (b) of this section, the owner or operator of the unit shall monitor and report the SO 2 emission rate and the heat input of the unit and all other applicable parameters, in accordance with §§ 97.730 through 97.735, starting on the date of certification of the necessary monitoring systems under §§ 97.730 through 97.735 and continuing until the TR opt-in application submitted under paragraph (a) of this section is disapproved under this section or, if such TR opt-in application is approved, the date and time when the unit is withdrawn from the TR SO 2 Group 2 Trading Program in accordance with § 97.742.

(ii) The monitoring and reporting under paragraph (c)(1)(i) of this section shall cover the entire control period immediately before the date on which the unit enters the TR SO 2 Group 2 Trading Program under paragraph (h) of this section, during which period monitoring system availability must not be less than 98 percent under §§ 97.730 through 97.735 and the unit must be in full compliance with any applicableState or Federal emissions or emissionsrelated requirements.

(2) To the extent the SO 2 emission rate and the heat input of the unit are monitored and reported in accordance with §§ 97.730 through 97.735 for one or more entire control periods, in addition to the control period under paragraph (c)(1)(ii) of this section, during which control periods monitoring system availability is not less than 98 percent under §§ 97.730 through 97.735 and the unit is in full compliance with any applicable State or Federal emissions or emissions-related requirements and which control periods begin not more than 3 years before the unit enters the TR SO 2 Group 2 Trading Program under paragraph (h) of this section, such information shall be used as provided in paragraphs (e) and (f) of this section.

(d) Statement on compliance. After submitting to the Administrator all quarterly reports required for the unit under paragraph (c) of this section, the designated representative shall submit, in a format prescribed by the Administrator, to the Administrator a statement that, for the years covered by such quarterly reports, the unit was in full compliance with any applicableState or Federal emissions or emissionsrelated requirements.

(e) Baseline heat input. The unit’s baseline heat input shall equal:

(1) If the unit’s SO 2 emission rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s total heat input (in mmBtu) for such control period; or

(2) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, the average of the amounts of the unit’s total heat input (in mmBtu) for such control periods. (f) Baseline SO 2 emission rate. The unit’s baseline SO 2 emission rate shall equal:

(1) If the unit’s SO 2 emission rate and heat input are monitored and reported for only one entire control period, in accordance with paragraph (c) of this section, the unit’s SO 2 emission rate (in lb/mmBtu) for such control period;

(2) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of thissection, and the unit does not have addon SO 2 emission controls during any such control periods, the average of the amounts of the unit’s SO 2 emission rate (in lb/mmBtu) for such control periods; or (3) If the unit’s SO 2 emission rate and heat input are monitored and reported for more than one entire control period, in accordance with paragraph (c) of this section, and the unit has add-on SO 2 emission controls during any such control periods, the average of the amounts of the unit’s SO 2 emission rate (in lb/mmBtu) for such control periods during which the unit has add-on SO 2 emission controls.

(g) Review of TR opt-in application. (1) After the designated representative submits the complete TR opt-in application, quarterly reports, and statement required in paragraphs (a), (c), and (d) of this section and if the Administrator determines that the designated representative shows that the unit meets the requirements for a TR SO 2 Group 2 opt-in unit in § 97.640, the element certified in paragraph (a)(2)(iv) of this section, and the monitoring and reporting requirements of paragraph (c) of this section, the Administrator willissue a written approval of the TR optin application for the unit. The written approval will state the unit’s baseline heat input and baseline SO 2 emission rate. The Administrator will thereafter establish a compliance account for the source that includes the unit unless the source already has a compliance account.

(2) Notwithstanding paragraphs (a) through (f) of this section, if, at any time before the TR opt-in application is approved under paragraph (g)(1) of this section, the Administrator determines that the unit cannot meet the requirements for a TR SO 2 Group 2 optin unit in § 97.740, the element certified in paragraph (a)(2)(iv) of this section, or the monitoring and reporting requirements in paragraph (c) of this section, the Administrator will issue a written disapproval of the TR opt-in application for the unit.

(h) Date of entry into TR SO 2 Group 2 Trading Program. A unit for which a


### 45464 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules TR opt-in application is approved under paragraph (g)(1) of this section shall become a TR SO 2 Group 2 opt-in unit, and a TR SO 2 Group 2 unit, effective as of the later of January 1, 2012 or January 1 of the first control period during which such approval is issued. **§ 97.742 Withdrawal of TR SO** 2 **Group 2 opt-in unit from TR SO**  2 **Group 2 Trading Program.** 

A TR SO 2 Group 2 opt-in unit may withdraw from the TR SO 2 Group 2 Trading Program only if, in accordance with this section, the designated representative of the unit submits a request to withdraw the unit and the Administrator issues a written approval of the request.

(a) Requesting withdrawal. In order to withdraw the TR SO 2 Group 2 opt-in unit from the TR SO 2 Group 2 Trading Program, the designated representative of the unit shall submit to the Administrator a request to withdraw the unit 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 the unit’s entry into the TR SO 2 Group 2 Trading Program under § 97.741(h). The request shall be in a format prescribed by the Administrator and shall be submitted no later than 90 days before the requested effective date of withdrawal.

(b) Conditions for withdrawal. Before a TR SO 2 Group 2 opt-in unit covered by the request to withdraw may withdraw from the TR SO 2 Group 2 Trading Program, 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 TR SO 2 Group 2 opt-in unit must meet the requirement to hold TR SO 2 Group 2 allowances under §§ 97.724 and 97.725 and cannot have any excess emissions.

(2) After the requirement under paragraph (b)(1) of this section is met, the Administrator will deduct from the compliance account of the source that includes the TR SO 2 Group 2 opt-in unit TR SO 2 Group 2 allowances equal in amount to and allocated for the same or a prior control period as any TR SO 2 Group 2 allowances allocated to the TR SO 2 Group 2 opt-in unit under § 97.744 for any control period after the date on which the withdrawal is to be effective. If there are no other TR SO 2 Group 2 units at the source, the Administrator will close the compliance account, and the owners and operators of the TR SO 2 Group 2 opt-in unit may submit a TR SO 2 Group 2 allowance transfer for any remaining TR SO 2 Group 2 allowances to another Allowance Management System account in accordance with §§ 97.722 and 97.723.

(c) Approving withdrawal. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of TR SO 2 Group 2 allowances required), the Administrator will issue a written approval of the request to withdraw, which will become effective as of midnight on December 31 of the calendar year for which the withdrawal was requested. The unit covered by the request shall continue to be a TR SO 2 Group 2 opt-in unit until the effective date of the withdrawal and shall comply with all requirements under the TR SO 2 Group 2 Trading Program concerning any control periods for which the unit is a TR SO 2 Group 2 opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect.

(2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a written disapproval of the request to withdraw. The unit covered by the request shall continue to be a TR SO 2 Group 2 opt-in unit.

(d) Reapplication upon failure to meet conditions of withdrawal. If the Administrator disapproves the request to withdraw, the designated representative of the unit may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section.

(e) Ability to reapply to the TR SO 2 Group 2 Trading Program. Once a TR SO 2 Group 2 opt-in unit withdraws from the TR SO 2 Group 2 Trading Program, the designated representative may not submit another opt-in application under § 97.741 for such unit before the date that is 4 years after the date on which the withdrawal became effective. **§ 97.743 Change in regulatory status.**

(a) Notification. If a TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704, then the designated representative of the unit shall notify the Administrator in writing of such change in the TR SO 2 Group 2 opt-in unit’s regulatory status, within 30 days of such change.

(b) Administrator’s actions. (1) If a TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.604, the Administrator will deduct, from the compliance account of the source that includes the TR SO 2 Group 2 opt-in unit that becomes a TR SO 2 Group 2 unit under § 97.704, TR SO 2 Group 2 allowances equal in amount to and allocated for the same or a prior control period as: (i) Any TR SO 2 Group 2 allowances allocated to the TR SO 2 Group 2 opt-in unit under § 97.744 for any control period starting after the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704; and

(ii) If the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704 is not December 31, the TR SO 2 Group 2 allowances allocated to the TR SO 2 Group 2 opt-in unit under § 97.744 for the control period that includes the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704—

(A) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704, divided by the total number of days in the control period, and

(B) Rounded to the nearest allowance. (2) The designated representative shall ensure that the compliance account of the source that includes the TR SO 2 Group 2 opt-in unit that becomes a TR SO 2 Group 2 unit under § 97.704 contains the TR SO 2 Group 2 allowances necessary for completion of the deduction under paragraph (b)(1) of this section.

(3)(i) For control periods starting after the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704, the TR SO 2 Group 2 opt-in unit will be allocated TR SO 2 Group 2 allowances in accordance with § 97.712.

(ii) If the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704 is not December 31, the following amount of TR SO 2 Group 2 allowances will be allocated to the TR SO 2 Group 2 opt-in unit (as a TR SO 2 Group 2 unit) in accordance with § 97.712 for the control period that includes the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704:

(A) The amount of TR SO 2 Group 2 allowances otherwise allocated to the TR SO 2 Group 2 opt-in unit (as a TR SO 2 Group 2 unit) in accordance with § 97.712 for the control period;

(B) Multiplied by the ratio of the number of days, in the control period, starting with the date on which the TR SO 2 Group 2 opt-in unit becomes a TR SO 2 Group 2 unit under § 97.704, divided by the total number of days in the control period; and

(C) Rounded to the nearest allowance.


### 45465 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Proposed Rules
**§ 97.744 TR SO** 2 **Group 2 allowance allocations to TR SO**  2 **Group 2 opt-in units.**

(a) Timing requirements. (1) When the TR opt-in application is approved for a unit under § 97.741(g), the Administrator will issue TR SO 2 Group 2 allowances and allocate them to the unit for the control period in which the unit enters the TR SO 2 Group 2 Trading Program under § 97.741(h), in accordance with paragraph (b) of this section.

(2) By no later than October 31 of the control period after the control period in which a TR SO 2 Group 2 opt-in unit enters the TR SO 2 Group 2 Trading Program under § 97.741(h) and October 31 of each year thereafter, the Administrator will issue TR SO 2 Group 2 allowances and allocate them to the TR SO 2 Group 2 opt-in unit for the control period that includes such allocation deadline and in which the unit is a TR SO 2 Group 2 opt-in unit, in accordance with paragraph (b) of this section.

(b) Calculation of allocation. For each control period for which a TR SO 2 Group 2 opt-in unit is to be allocated TR SO 2 Group 2 allowances, the Administrator will issue and allocate TR SO 2 Group 2 allowances in accordance with the following procedures:

(1) The heat input (in mmBtu) used for calculating the TR SO 2 Group 2 allowance allocation will be the lesser of:

(i) The TR SO 2 Group 2 opt-in unit’s baseline heat input determined under § 97.741(g); or

(ii) The TR SO 2 Group 2 opt-in unit’s heat input, as determined in accordance with §§ 97.730 through 97.735, for the immediately prior control period, except when the allocation is being calculated for the control period in which the TR SO 2 Group 2 opt-in unit enters the TR SO 2 Group 2 Trading Program under § 97.741(h).

(2) The SO 2 emission rate (in lb/ mmBtu) used for calculating TR SO 2 Group 2 allowance allocations will be the lesser of:

(i) The TR SO 2 Group 2 opt-in unit’s baseline SO 2 emission rate (in lb/ mmBtu) determined under § 97.741(g) and multiplied by 70 percent; or

(ii) The most stringent State or Federal SO 2 emissions limitation applicable to the TR SO 2 Group 2 optin unit at any time during the control period for which TR SO 2 Group 2 allowances are to be allocated. (3) The Administrator will issue TR SO 2 Group 2 allowances and allocate them to the TR SO 2 Group 2 opt-in unit in an amount equaling the heat input under paragraph (b)(1) of this section, multiplied by the SO 2 emission rate under paragraph (b)(2) of this section, divided by 2,000 lb/ton, and rounded to the nearest allowance.

(c) Recordation. (1) The Administrator will record, in the compliance account of the source that includes the TR SO 2 Group 2 opt-in unit, the TR SO 2 Group 2 allowances allocated to the TR SO 2 Group 2 opt-in unit under paragraph (a)(1) of this section.

(2) By December 1 of the control period after the control period in which a TR SO 2 Group 2 opt-in unit enters the TR SO 2 Group 2 Trading Program under § 97.741(h) and December 1 of each year thereafter, the Administrator will record, in the compliance account of the source that includes the TR SO 2 Group 2 opt-in unit, the TR SO 2 Group 2 allowances allocated to the TR SO 2 Group 2 opt-in unit under paragraph (a)(2) of this section. [FR Doc. 2010–17007 Filed 7–30–10; 8:45 am] **BILLING CODE 6560–50–P**


### 47218 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
Dated: July 26, 2010. Gary Kassof, Bridge Program Manager, First Coast Guard District. [FR Doc. 2010–19290 Filed 8–4–10; 8:45 am] **BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY**  **40 CFR Parts 52 and 81 [EPA–R04–OAR–2010–0134–201027; FRL–**  **9184–9] Approval and Promulgation of**  **Implementation Plans and Designation of Areas for Air Quality Planning**  **Purposes; Kentucky; Redesignation of the Kentucky Portion of the Cincinnati**  **Hamilton 1997 8-Hour Ozone Nonattainment Area to Attainment**  **AGENCY :**  Environmental Protection Agency (EPA). **ACTION :**  Final rule. **SUMMARY :**  EPA is taking final action to approve a request submitted on January 29, 2010, from the Commonwealth of Kentucky, through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), to redesignate the Kentucky portion of the tri-state Cincinnati-Hamilton 8-hour ozone nonattainment area (hereafter referred to as ‘‘ the Cincinnati-Hamilton Area ’’ ) to attainment for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The Cincinnati-Hamilton Area is comprised of Boone, Campbell and Kenton Counties in Kentucky (hereafter also referred to as ‘‘ Northern Kentucky ’’ ); Butler, Clermont, Clinton, Hamilton and Warren Counties in Ohio; and a portion of Dearborn County in Indiana. EPA’s approval of the redesignation request is based on the determination that Northern Kentucky has met the criteria for redesignation to attainment set forth in the Clean Air Act (CAA), including the determination that the Cincinnati-Hamilton Area has attained the 1997 8-hour ozone NAAQS. Additionally, EPA is approving a revision to the Kentucky State Implementation Plan (SIP) including the 1997 8-hour ozone maintenance plan for Northern Kentucky that contains the new 2015 and 2020 motor vehicle emission budgets (MVEBs) for nitrogen oxides (NO X ) and volatile organic compounds (VOC) for Northern Kentucky. This action also approves the emissions inventory submitted with the maintenance plan. EPA has previously approved, in a separate rulemaking, similar redesignation requests submitted by the States of Ohio and Indiana for their portions of this 1997 8-hour ozone area. **DATES :**  Effective Date: This rule will be effective August 5, 2010. **ADDRESSES :**  EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2010–0134. All documents in the docket are listed on the http:// www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http:// www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the **FOR FURTHER INFORMATION CONTACT**  section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. **FOR FURTHER INFORMATION CONTACT :**  Jane Spann, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Jane Spann may be reached by phone at (404) 562–9029 or via electronic mail at spann.jane@epa.gov

. **SUPPLEMENTARY INFORMATION :**  Table of Contents I. What Is the Background for the Actions? II. What Actions Is EPA Taking? III. Why Is EPA Taking These Actions? IV. What Are the Effects of These Actions? V. Response to Comments VI. Final Action VII. Statutory and Executive Order Reviews I. What Is the Background for the Actions?

On January 29, 2010, the Commonwealth of Kentucky, through DAQ, submitted a request to redesignate Northern Kentucky (as a portion of the Cincinnati-Hamilton Area) to attainment for the 1997 8-hour ozone NAAQS, and for EPA approval of the Kentucky SIP revision containing a maintenance plan for Northern Kentucky. In an action published on May 12, 2010 (75 FR 26685), EPA proposed to approve the redesignation of Northern Kentucky to attainment. EPA also proposed approval as a SIP revision of Kentucky’s plan for maintaining the 1997 8-hour NAAQS, including the emissions inventory submitted pursuant to CAA section 172(c)(3); and the NO X and VOC MVEBs for Northern Kentucky contained in the maintenance plan. The background for these rulemakings is set forth in detail in EPA’s May 12, 2010 proposal.

The MVEBs included in the maintenance plan are as follows: 

### T ABLE 

### 1—N ORTHERN 

### K ENTUCKY 

### VOC AND 

### NO X 

### MVEB S [Summer season tons per day (tpd)]
Year 2015 2020 NO X .................................. 14.40 13.27 VOC .................................. 9.76 10.07

In its May 12, 2010, proposed action, EPA stated that the adequacy public comment period on these MVEBs (as contained in Kentucky’s submittal) began on February 3, 2010, and closed on March 5, 2010. No comments were received during this public comment period, and therefore, EPA deems the new MVEBs for Northern Kentucky adequate for the purposes of transportation conformity. In a separate action, EPA previously found adequate and approved the MVEB’s for the Ohioand Indiana portions of the CincinnatiHamilton Area (75 FR 26118, May 11, 2010).

As we stated in the May 12, 2010, proposal, this redesignation addresses Northern Kentucky’s status solely with respect to the 1997 8-hour ozone NAAQS, for which designations were finalized on April 30, 2004 (69 FR 23857). In 2008, EPA issued a revised 8- hour ozone NAAQS, which is currently under reconsideration. Today’s rulemaking concerns only the 1997 8- hour ozone NAAQS, and does not address or affect the 2008 or any subsequently revised and promulgated ozone NAAQS.

In this final rulemaking, EPA is noting a correction for the site identification numbers listed in EPA’s May 12, 2010 (75 FR 26685), proposed approval. Specifically, the air quality monitor site identification number (ID) listed in Table 2 (Annual 4th Max High and Design Value Concentration for 8-HourOzone for the Cincinnati-Hamilton OHKY-IN Area (parts per million)) of EPA’s May 12, 2010 proposed rulemaking, column 3 labeled ‘‘ Monitor ’’ were incorrect for the Boone and Campbell County, Kentucky entries. The site monitor IDs should read: Boone


### 47219 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations

1 On May 11, 2010, EPA took final action to approve Ohio’s and Indiana’s redesignation requests for their respective portions of the Cincinnati-Hamilton Area, including approval of the associated emissions inventories, maintenance plans and MVEB’s (75 FR 26118). County—KY 338 & Lower River Road 21–015–0003 and Campbell County— Highland Heights 21–037–3002. Please see below for the corrected table. 

### T ABLE 

### 2—A NNUAL 

### 4 TH 

### M AX 

### H IGH AND 

### D ESIGN 

### V ALUE 

### C ONCENTRATION FOR 

### 8-H OUR 

### O ZONE FOR THE 

### C INCINNATI 

### H AMILTON 

### OH-KY-IN A REA [Parts per million]
State*/county Monitor 2007 4th high

(ppm) 2008 4th high

(ppm) 2009 4th high

(ppm) 2007–2009 average

(ppm) Ohio: Butler ...................... Hamilton, 39–017–0004 ...................................... 0.091 0.071 0.073 0.078 Middletown, 39–017–1004 .................................. 0.091 0.079 0.076 0.082 Clermont ................. Batavia 39–025–0022 .......................................... 0.086 0.071 0.069 0.075 Clinton .................... Wilmington, 39–027–1022 ................................... 0.082 0.076 0.070 0.076 Hamilton ................. Grooms Rd., Cincinnati, 39–061–0006 ............... 0.089 0.086 0.072 0.082 Cleves, 39–061–0010 .......................................... 0.086 0.077 0.065 0.076 250 Wm. Howard Taft, Cincinnati, 39–061–0040 0.086 0.080 0.074 0.080 Warren .................... Lebanon, 39–165–0007 ....................................... 0.088 0.082 0.077 0.082 Kentucky: Boone ..................... KY 338 & Lower River Road, 21–015–0003

....... 0.078 0.064 0.064 0.068 Campbell ................ Highland Heights, 21–037–3002

......................... 0.086 0.075 0.068 0.076 Kenton .................... Covington, 21–117–0007 .................................... 0.085 0.073 0.074 0.077
II. What Actions Is EPA Taking?

In today’s rulemaking, EPA is finalizing several related actions. EPA is approving: (1) Kentucky’s redesignation request to change the legal designation of the Northern Kentucky portion of the Cincinnati-Hamilton Area from nonattainment to attainment for the 1997 8-hour ozone NAAQS; (2) Kentucky’s 1997 8-hour ozone maintenance plan for Northern Kentucky, including MVEB’s (such approval being one of the CAA criteria for redesignation to attainment status); and (3) Kentucky’s emissions inventory which was submitted pursuant to CAA section 172(c)(3). The maintenance planis designed to help keep the CincinnatiHamilton Area in attainment for the 1997 8-hour ozone NAAQS through 2020. EPA’s approval of the redesignation request is based on EPA’s determination that Northern Kentucky meets the criteria for redesignation set forth in CAA, sections 107(d)(3)(E) and 175A, including EPA’s determination that the Cincinnati-Hamilton Area has attained the 1997 8-hour ozone NAAQS. EPA’s analyses of Kentucky’s redesignation request, emissions inventory, and maintenance plan are described in detail in the May 12, 2010 proposed rule (75 FR 26685).

Consistent with the CAA, the maintenance plan that EPA is approving also includes 2015 and 2020 MVEBs for NO X and VOC for Northern Kentucky. In this action, EPA is approving these NO X and VOC MVEBs for the purposes of transportation conformity. For regional emission analysis years that involve the year 2015, and any year between 2015 and 2020, the new 2015 MVEBs are the applicable budgets (for the purpose of conducting transportation conformity analyses). For regional emission analysis years that involve the year 2020 and beyond, the applicable budgets, for the purpose of conducting transportation conformity analyses, are the new 2020 MVEBs. III. Why Is EPA Taking These Actions?

EPA has determined that the Cincinnati-Hamilton Area has attained the 1997 8-hour ozone NAAQS and has also determined that all other criteria for the redesignation of Northern Kentucky (as part of the Cincinnati-Hamilton Area) from nonattainment to attainment of the 1997 8-hour ozone NAAQS have been met. See section 107(d)(3)(E) of the CAA. EPA is also taking final action to approve the maintenance plan for Northern Kentucky as meeting the requirements of sections 175A and 107(d)(3)(E) of the CAA, and the emissions inventory as meeting the requirements of section 172(c)(3) of the CAA. Furthermore, EPA is approving the new NO X and VOC MVEBs for the years 2015 and 2020 as contained in Kentucky’s maintenance plan for Northern Kentucky because these MVEBs are consistent with maintenance for the Cincinnati-Hamilton Area. In the May 12, 2010, proposal to redesignate Northern Kentucky, EPA described the applicable criteria for redesignation to attainment and its analysis of how those criteria have been met. The bases and rationale for EPA’s findings and actions are set forth in the proposed rulemaking, and in the responses to comments and other discussion in this final rulemaking. IV. What Are the Effects of These Actions?

Approval of the redesignation request changes the legal designation of Boone, Campbell and Kenton Counties in Kentucky (the Kentucky portion of the Cincinnati-Hamilton Area) from nonattainment to attainment for the 1997 8-hour ozone NAAQS. 40 CFR part 81. EPA is also approving as a revision to the Kentucky SIP, Kentucky’s plan for maintaining the 1997 8-hour ozone NAAQS in the Cincinnati-Hamilton Area through 2020. The maintenance plan includes contingency measures to remedy possible future violations of the 1997 8-hour ozone NAAQS, and establishes NO X and VOC MVEBs for the years 2015 and 2020 for Northern Kentucky. Additionally, this action approves the emissions inventory for Northern Kentucky pursuant to section 172(c)(3) of the CAA. 1 V. Response to Comments

EPA received one set of comments from the Allegheny County Health Department on EPA’s proposal. The comment received addresses minor arithmetic errors in tabulating totals in some maintenance plan emissions inventories. EPA’s response to the comment is provided below.

Comment: The Commenter, the Allegheny County Health Department states: ‘‘ In Table 3 of the proposed approval Federal Register the nonroad total for 2018 VOC should be 7.43 tons


### 47220 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations per day (tpd) not 7.68 tpd and the 2018 VOC total for all sources should be 40.10 tpd when the nonroad total is corrected. ’’

Response: EPA acknowledges the Commentor’s correction for the total nonroad VOC and also notes that there were additional typographical errors in the proposed rule with regard to some of the totaled emission categories. See Table 3 and 4 below for the corrected VOC and NO X emissions totals. The corrected numbers are underlined. None of these corrections changes the downward trend of total Northern Kentucky VOC and NO X emissions from 2008 to 2020, and in some cases the revisions reflect lower emissions totals than were indicated in EPA’s proposed rule. With these corrections, as in EPA’s original proposal, Kentucky’s plan for Northern Kentucky continues to demonstrate maintenance for the initial maintenance period with a total of 3.89 tpd reduction in VOC emissions, and 14.48 tpd reduction in NO X emissions from the 2008 baseline to the 2020 outyear. 

### T ABLE 

### 3—N ORTHERN 

### K ENTUCKY 

### VOC E MISSIONS 

### (tpd)
2008 2011 2015 2018 2020 **Point** Boone ................................................................................... 2.81 2.90 3.04 3.14 3.20 Campbell .............................................................................. 0.28 0.29 0.30 0.31 0.31 Kenton .................................................................................. 1.17 1.23 1.31 1.38 1.42 Point Total ..................................................................... 4.26 4.42 4.65 4.83 4.93 **Area** Boone ................................................................................... 8.41 8.45 8.50 8.50 8.50 Campbell .............................................................................. 4.34 4.28 4.20 4.20 4.20 Kenton .................................................................................. 7.88 7.79 7.66 7.66 7.66 Area Total ..................................................................... 20.63 20.52 20.36 20.36 20.36 **Nonroad** Boone ................................................................................... 5.07 4.84 4.55 4.44 4.36 Campbell .............................................................................. 1.51 1.41 1.29 1.25 1.22 Kenton .................................................................................. 1.95 1.87 1.76 1.74 1.73 Nonroad Total ............................................................... 8.53 8.12 7.60 7.43 7.31 **Mobile*** Boone ................................................................................... 4.00 3.63 3.17 3.04 2.96 Campbell .............................................................................. 2.29 2.04 1.74 1.62 1.55 Kenton .................................................................................. 3.85 3.39 2.85 2.67 2.56 Mobile Total .................................................................. 10.14 9.06 7.76 7.33 7.07 Northern Kentucky Total .................................... 43.56 42.12 40.37 39.95 39.67 * Calculated using MOBILE6.2. 

### T ABLE 

### 4—N ORTHERN 

### K ENTUCKY 

### NO X 

### E MISSIONS 

### (tpd)
2008 2011 2015 2018 2020 **Point** Boone ................................................................................... 23.27 24.04 25.08 25.91 26.47 Campbell .............................................................................. 0.02 0.02 0.02 0.03 0.03 Kenton .................................................................................. 0.03 0.03 0.03 0.03 0.03 Point Total ..................................................................... 23.32 24.09 25.13 25.97 26.53 **Area** Boone ................................................................................... 5.02 5.02 5.03 5.03 5.03 Campbell .............................................................................. 1.32 1.31 1.30 1.30 1.30 Kenton .................................................................................. 4.06 4.04 4.02 4.02 4.02 Area Total ..................................................................... 10.40 10.37 10.35 10.35 10.35 **Nonroad** Boone ................................................................................... 11.02 10.47 9.77 9.60 9.48 Campbell .............................................................................. 5.34 5.00 4.57 4.43 4.34


### 47221 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
T ABLE 

### 4—N ORTHERN 

### K ENTUCKY 

### NO X 

### E MISSIONS 

### (tpd)—Continued
2008 2011 2015 2018 2020 Kenton .................................................................................. 7.33 6.81 6.15 5.91 5.75 Nonroad Total ............................................................... 23.69 22.28 20.49 19.94 19.57 **Mobile*** Boone ................................................................................... 8.53 6.64 4.63 3.90 3.45 Campbell .............................................................................. 4.88 3.74 2.54 2.09 1.81 Kenton .................................................................................. 8.37 6.33 4.23 3.47 3.01 Mobile Total .................................................................. 21.78 16.71 11.40 9.46 8.27 Northern Kentucky Total ........................................ 79.19 73.45 67.37 65.72 64.72 * Calculated using MOBILE6.2.
EPA has determined that the Commonwealth’s redesignation request meets all of the CAA redesignation criteria for the 1997 8-hour ozone NAAQS. EPA’s May 12, 2010, proposed rulemaking, as supplemented by today’s notice, specifically addresses each of the criteria and provides detailed analysis of how they are met. VI. Final Action

After evaluating Kentucky’s redesignation request and comments received, EPA is taking final action to approve the redesignation and change the legal designation of Boone, Campbell and Kenton Counties inKentucky (as part of the CincinnatiHamilton Area) from nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA has already taken final action to approve the redesignation requests, emission inventories and maintenance plans for the Ohio and Indiana portions of this Area in a separate but coordinated action. See 75 FR 26118. Through this action, EPA is also approving into the Kentucky SIP, the 1997 8-hour ozone maintenance plan for Northern Kentucky, which includes the new NOx MVEBs of 14.40 tpd for 2015, and 13.27 tpd for 2020; and new VOC MVEBs of 9.76 tpd for 2015, and 10.07 tpd for 2020. Additionally, EPA is approving the emissions inventory for Northern Kentucky pursuant to section 172(c)(3) of the CAA. Finally, EPA is finding the new Northern Kentucky MVEBs are adequate for the purposes of transportation conformity. Within 24 months from the effective date of EPA’s adequacy finding for the MVEBs, the transportation partners will need to demonstrate conformity to the new NOx and VOC MVEBs pursuant to 40 CFR 93.104(e).

In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which after publication it provides that rulemaking actions may become effective less than 30 days after publication if the rule ‘‘ grants or recognizes an exemption or relieves a restriction, ’’ and section 553(d)(3), which allows an effective date less than 30 days after publication ‘‘ as otherwise provided by the agency for good cause found and published with the rule. ’’ The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today’s rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today’s rule relieves the Commonwealth of various requirements for the Northern Kentucky Area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action. VII. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a ‘‘ significant regulatory action ’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country


### 47222 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations
located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register

. This action is not a ‘‘ major rule ’’ as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 4, 2010. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. ( See section 307(b)(2)). List of Subjects 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Intergovernmental relations, and Volatile organic compounds. 40 CFR Part 81

Environmental protection and Air pollution control. Dated: July 26, 2010. A. Stanley Meiburg, Acting Regional Administrator, Region 4.
■ Accordingly, 40 CFR parts 52 and 81 are amended as follows: **PART 52—[AMENDED]**

■ 1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq. **Subpart S—Kentucky**

■ 2. Section 52.920(e) is amended by adding a new entry at the end of the table for ‘‘ Northern Kentucky 8-Hour Ozone Maintenance Plan ’’ to read as follows: **§ 52.920 Identification of plan.** * * * * *

(e) * * *



### EPA–A PPROVED 

### K ENTUCKY 

### N ON 

### -R EGULATORY 

### P ROVISIONS Name of non-regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approval date Explanations

******* Northern Kentucky 8-Hour

Ozone Maintenance plan. Boone, Campbell and Kenton Counties in Kentucky. 1/29/2010 8/5/2010 [Insert citation of publication]. For the 1997 8-hour ozone NAAQS.

**PART 81—[AMENDED]**

■ 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. ■ 4. In § 81.318, the table entitled
‘‘ Kentucky-Ozone (8-Hour Standard) ’’ is amended under ‘‘ Cincinnati-Hamilton, OH-KY-IN ’’ by revising the entries for ‘‘ Boone County, ’’ ‘‘ Campbell County, ’’ and ‘‘ Kenton County ’’ to read as follows: **§ 81.318 Kentucky.** * * * * * 

### K ENTUCKY 

### -O ZONE

[8-Hour Standard]
Designated Designation a Category/classification Date 1 Type Date 1 Type Cincinnati-Hamilton,

OH-KY-IN:

Boone County ...... This action is effective 08/05/10 ..................... Attainment Campbell County This action is effective 08/05/10 ..................... Attainment Kenton County ..... This action is effective 08/05/10 ..................... Attainment * * * * * * *

a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.


### 47223 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Rules and Regulations

* * * * * [FR Doc. 2010–19170 Filed 8–4–10; 8:45 am] **BILLING CODE 6560–50–P**
**ENVIRONMENTAL PROTECTION AGENCY**  **40 CFR Parts 271 and 272 [EPA–R06–2009–0570; FRL–9172–6]** **Louisiana: Final Authorization of State Initiated Changes and Incorporation by**  **Reference of Approved State Hazardous Waste Management**  **Program AGENCY**  **:** Environmental Protection Agency (EPA). **ACTION :**  Direct final rule.
**SUMMARY :**  During a review of Louisiana’s regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this direct Final action. In addition, this document corrects technical errors made in various Federal Register authorization documents for Louisiana.

The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ‘‘ Approved State Hazardous Waste Management Programs ’’ to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA’s inspection and enforcement. The rule codifies in the regulations the prior approval of Louisiana’s hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations. **DATES :**  This regulation is effective October 4, 2010, unless the EPA receives adverse written comment on this regulation by the close of business September 7, 2010. If the EPA receives such comments, it will publish a timely withdrawal of this direct final rule in the Federal Register informing the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of October 4, 2010 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. **ADDRESSES :**  Submit your comments by one of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov . Follow the on-line instructions for submitting comments.

2. E-mail: patterson.alima@epa.gov or banks.julia@epa.gov.

3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733.

4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202– 2733.

Instructions: Direct your comments to Docket ID No. EPA–R06–RCRA–2009– 0570. EPA’s policy is that all comments received will be included in the public docket without change, including personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov, or e-mail. The Federal http://www.regulations.gov Web site is an ‘‘ anonymous access ’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to the EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at http://www.spa.gov/epahome/ dockets.htm)

.

You can view and copy the documents that form the basis for this codification and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas, 75202– 2733, phone number (214) 665–8533 or (214) 665–8178. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. **FOR FURTHER INFORMATION CONTACT :**  Alima Patterson, Region 6 Regional Authorization Coordinator, or Julia Banks, Codification Coordinator, State/ Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, (214) 665–8533 or (214) 665– 8178, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, and e-mail address patterson.alima@epa.gov or banks.julia@epa.gov. **SUPPLEMENTARY INFORMATION :**  I. Authorization of State-Initiated Changes A. Why are revisions to State programs necessary?

States which have received Final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal program changes, the States must change their programs and ask the EPA to authorize the changes. Changes to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to the EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. States can also initiate their own changes to their hazardous waste program and these changes must then be authorized. B. What decisions have we made in this rule?

We conclude that Louisiana’s revisions to its authorized program meet all of the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make Louisiana’s rules more clear or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we grant Louisiana final authorization to operate its hazardous


# Appendix C Ambient Data, Meteorology, and Monitor Site Descriptions

### From: Apache [apache@wwwagwx.ca.uky.edu] Sent: Tuesday, March 09, 2010 1:46 PM To: Weaver, Susan (EEC) Subject: Weather Data Request This data provided by the University of Kentucky Agricultural Weather Center (Phone (859)257-3000 ext.245) World Wide Web URL: http://wwwagwx.ca.uky.edu/ Covington Monthly Climate Data(01-2007 to 12-2009)

----------------- AIR TEMPERATURE ---------------- -- SOD

-- NO. OF DAYS 4" TEMP AVERAGE EXTREME AVG DEPART MAX MIN AVERAGE YEAR MONTH MAX MIN AVG MAX MIN FROM NORM >=90 <=32 MAX MIN 2007 Jan 42 29 35 65 12 +3 0 20 43 40 2007 Feb 32 16 24 53 -2 -12 0 24 33 32 2007 Mar 60 41 51 82 17 +6 0 13 48 45 2007 Apr 61 43 52 85 23 -4 0 6 54 51 2007 May 80 56 68 89 39 +4 0 0 68 63 2007 Jun 86 63 75 94 51 +3 10 0 75 70 2007 Jul 86 64 75 91 53 -1 5 0 77 73 2007 Aug 94 70 82 101 60 +7 26 0 78 75 2007 Sep 86 61 73 97 47 +4 12 0 73 69 2007 Oct 71 52 62 91 30 +5 2 2 65 61 2007 Nov 52 36 44 69 18 -2 0 11 51 48 2007 Dec 42 30 36 67 14 -1 0 20 45 42 2008 Jan 37 23 30 67 2 -2 0 24 40 36 2008 Feb 38 26 32 63 4 -4 0 23 41 37 2008 Mar 49 33 41 71 6 -4 0 17 45 41 2008 Apr 64 45 55 81 31 -1 0 1 56 52 2008 May 71 51 61 85 37 -3 0 0 59 59 2008 Jun 84 62 73 90 51 +1 5 0 75 70 2008 Jul 85 64 75 92 47 -1 6 0 78 73 2008 Aug 85 64 75 93 54 -0 8 0 79

### 73 2008 Sep 82 60 71 95 50 +2 6 0 75 70 2008 Oct 67 45 56 84 25 -1 0 2 63 58 2008 Nov 51 34 43 74 12 -3 0 15 48 45 2008 Dec 40 26 33 70 3 -4 0 24 41 38 2009 Jan 33 20 26 59 -6 -6 0 28 36 34 2009 Feb 44 28 36 63 -5 -0 0 18 38 36 2009 Mar 57 38 47 77 9 +2 0 9 48 45 2009 Apr 64 45 55 85 30 -1 0 4 56 52 2009 May 74 56 65 85 41 +1 0 0 65 63 2009 Jun 82 63 73 91 48 +1 3 0 77 72 2009 Jul 79 62 70 85 53 -6 0 0 75 71 2009 Aug 82 63 72 91 50 -3 1 0 75 72 2009 Sep 77 60 68 85 49 -1 0 0 71 69 2009 Oct 61 44 53 80 28 -4 0 2 59 56 2009 Nov 56 40 48 71 27 +2 0 3 51 49 2009 Dec 39 27 33 59 15 -4 0 23 40 38

------------------------ PRECIPITATION ----------------------- DEPARTURE GREATEST FROM CUMULATIVE 24 HOUR % RAIN NO. DAYS YEAR MONTH TOTAL NORMAL TOTAL DEPARTURE TOTAL DAYS >=.01 2007 Jan 3.84 +1.25 3.84 +1.25 1.01 32 10 2007 Feb 3.38 +0.69 7.22 +1.94 1.05 32 9 2007 Mar 3.14 -1.10 10.36 +0.84 0.88 39 12 2007 Apr 3.17 -0.58 13.53 +0.26 0.62 37 11 2007 May 0.91 -3.37 14.44 -3.11 0.58 16 5 2007 Jun 1.86 -1.98 16.30 -5.09 0.71 23 7 2007 Jul 1.92 -2.32 18.22 -7.41 0.61 32 10 2007 Aug 0.53 -2.82 18.75 -10.23 0.23 19 6 2007 Sep 2.47 -0.41 21.22 -10.64 1.80 13 4 2007 Oct 7.07 +4.21 28.29 -6.43 2.59 19 6

### 2007 Nov 2.73 -0.73 31.02 -7.16 1.50 27 8 2007 Dec 5.63 +2.48 36.65 -4.68 1.20 48 15 2008 Jan 2.11 -0.48 38.76 -5.16 0.74 32 10 2008 Feb 5.15 +2.46 43.91 -2.70 1.20 54 15 2008 Mar 9.52 +5.28 53.43 +2.58 2.39 39 12 2008 Apr 2.75 -1.00 56.18 +1.58 1.66 30 9 2008 May 6.32 +2.04 62.50 +3.62 0.99 42 13 2008 Jun 5.21 +1.37 67.71 +4.99 1.93 33 10 2008 Jul 3.16 -1.08 70.87 +3.91 0.93 26 8 2008 Aug 1.78 -1.57 72.65 +2.34 0.93 13 4 2008 Sep 1.22 -1.66 73.87 +0.68 0.79 13 4 2008 Oct 1.63 -1.23 75.50 -0.55 0.84 10 3 2008 Nov 1.71 -1.75 77.21 -2.30 0.69 23 7 2008 Dec 4.51 +1.36 81.72 -0.94 1.82 55 17 2009 Jan 2.87 +0.28 84.59 -0.66 1.01 35 11 2009 Feb 2.37 -0.32 86.96 -0.98 1.04 25 7 2009 Mar 1.58 -2.66 88.54 -3.64 0.40 19 6 2009 Apr 3.70 -0.05 92.24 -3.69 0.61 43 13 2009 May 3.79 -0.49 96.03 -4.18 0.70 45 14 2009 Jun 7.69 +3.85 103.72 -0.33 2.45 43 13 2009 Jul 5.81 +1.57 109.53 +1.24 1.12 48 15 2009 Aug 1.78 -1.57 111.31 -0.33 1.15 10 3 2009 Sep 4.92 +2.04 116.23 +1.71 0.88 40 12 2009 Oct 5.42 +2.56 121.65 +4.27 1.40 39 12 2009 Nov 0.91 -2.55 122.56 +1.72 0.36 13 4 2009 Dec 2.76 -0.39 125.32 +1.33 0.68 39 12

Data if used for legal purposes must be certified by NCDC, National Climate Data Center (Phone 828/271-4800)

### Appendix C: Locations of ambient monitors in the Cincinnati

‐ Hamilton, OH

‐ IN

‐ KY area

Source Map: Google Earth
Latitudes

‐ Longitudes provided by USEPA/AQS AMP380 Site Description Report.
Blue pins are the Kentucky monitors.
Red pins are the Ohio monitors.
Dearborn County, Indiana does not have a monitoring location.

### County State Site Name Monitor ID Latitude Longitude Campbell KY NKU 21

‐ 037

‐ 3002 39.021806 ‐ 84.474453

Kenton KY University College 21

‐ 117

‐ 0007 39.072500 ‐ 84.525000 Butler OH Fire House 39

‐ 017

‐ 0004 39.383333 ‐ 84.544167 Butler OH Hook Field 39

‐ 017

‐ 1004 39.530000 ‐ 84.392500 Clermont OH Gov Bldg 39

‐ 025

‐ 0022 39.082319 ‐ 84.144193

Clinton OH Laurel Ctr 39

‐ 027

‐ 1002 39.430000 ‐ 83.788611 Hamilton OH Sycamore 39

‐ 061

‐ 0006 39.278499 ‐ 84.365974 Hamilton OH Colerain 39

‐ 061

‐ 0010 39.214931 ‐ 84.690723 Hamilton OH Taft 39

‐ 061

‐ 0040 39.128611 ‐ 84.504167 Warren OH SE St 39

‐ 165

‐ 0007 39.427797 ‐ 84.202208 Source: USEPA/AQS AMP 380 Site Description Report 2010UNITES STATES ENVIRONMENTAL PROTECTION AGENCY

QUICKLOOK CRITERIA PARAMETERS
Feb. 19, 2010 Report Request ID: 720853 Report Code: AMP450

Selection Criteria Page 1 User ID: NOQ

State County City

Site Parameter POC AQCR UAR CBSA CSA EPA Region Method Duration Begin Date End Date 21 1 GEOGRAPHIC SELECTIONS

PROTOCOL SELECTIONS Parameter Classification Parameter Method Duration
CRITERIA 88101

SELECTED OPTIONS

EVENTS PROCESSING MERGE PDF FILES Option Type Option Value EXCLUDE REGIONALLY CONCURRED EVENTS

YES SORT ORDER

1 2 3 4 5 6 7 Order Column

PARAMETER_CODE STATE_CODE COUNTY_CODE SITE_ID POC DATES EDT_ID
GLOBAL DATES

2000 Start Date End Date 2009 TribalFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 1 of 27 EXCEPTIONAL DATA TYPES
EDT DESCRIPTION
0
1 2 3
4
5 6
7 NO EVENTS
EVENTS EXCLUDED
EVENTS INCLUDED
EXCEPTIONAL EVENTS EXCLUDED
NATURAL EVENTS EXCLUDED
EVENTS WITH CONCURRENCE EXCLUDED
EXCEPTIONAL EVENTS WITH CONCURRENCE EXCLUDED
NATURAL EVENTS WITH CONCURRENCE EXCLUDEDFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 2 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-013-0002

21-013-0002

21-013-0002

21-013-0002

21-013-0002

21-013-0002

21-013-0002

21-013-0002

21-013-0002 1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584 Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Middlesboroug Bell

Bell

Bell

Bell

Bell

Bell

Bell

Bell

Bell MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER

MIDDLESBORO 2000

2001

2002

2003

2004

2005

2006

2007

2008 118

118

118

118

118

118

118

118

118 44.3

36.8

34.5

42.2

32.0

34.4

30.2

40.7

30.3 Y

Y

Y

Y

Y 0

5

0

0

0

5

5

5

0 24-HOUR 98TH PERCENTILE VALUE
41.5

30.2

25.9

32.7

29.5

31.0

25.7

29.5

24.4 53

54

57

58

58

55

61

59

59 1ST

MAX 2ND

MAX 3RD

MAX
41.5

30.2

25.9

32.7

29.5

31.0

25.7

29.5

24.4 40.2

28.2

24.5

22.3

25.9

27.2

24.5

28.2

23.1 39.8

26.6

24.1

21.4

23.0

26.6

24.1

27.5

23.1 18.23*

15.08

14.29

14.21

13.40

14.95*

13.75

15.24

12.53 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 3 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-013-0002

21-019-0017

21-019-0017

21-019-0017

21-019-0017

21-019-0017

21-019-0017

21-019-0017

21-019-0017

21-019-0017 1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 h (corporate name for Middlesboro) Middlesboroug h (corporate name for Middlesboro) Ashland

Ashland

Ashland

Ashland

Ashland

Ashland

Ashland

Ashland

Ashland Bell

Boyd

Boyd

Boyd

Boyd

Boyd

Boyd

Boyd

Boyd

Boyd AIRPORT, 34TH & DORCHESTER

MIDDLESBORO AIRPORT, 34TH & DORCHESTER
2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2924 HOLT ST, FIVCO HEALTH 2009

2000

2001

2002

2003

2004

2005

2006

2007

2008 118

118

118

118

118

118

118

118

118

118 29.5

37.2

54.4

46.8

37.7

30.7

39.0

48.6

40.4

27.8 Y

Y

Y

Y

Y 0

5

5

0

0

0

5

0

5

0 24-HOUR 98TH PERCENTILE VALUE

23.1

34.0

37.7

39.4

33.8

30.3

36.1

28.6

38.5

24.3 59

112

115

116

110

120

119

115

117

121 1ST

MAX 2ND

MAX 3RD

MAX

23.1

34.1

38.5

44.2

37.4

30.4

38.1

28.9

39.0

25.8 19.8

34.0

37.7

39.4

33.8

30.3

36.1

28.6

38.5

24.3 18.7

32.6

37.0

39.2

30.7

26.7

35.5

28.0

35.2

23.8 10.40

15.66

15.27

15.54

13.93

13.29

16.01

13.76

14.34

12.06 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 4 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-019-0017

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-029-0006

21-037-0003

21-037-0003 1

1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 Ashland

Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Shepherdsvill
e Fort Thomas

Fort Thomas Boyd

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt

Bullitt
Campbell

Campbell DEPT 2924 HOLT ST, FIVCO HEALTH DEPT 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 2ND & CARPENTER STS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 700 ALEXANDRIA PK, WATER 2009

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2000

2001 118

118

118

118

118

118

118

118

118

118

145

118

118 26.8

39.2

41.6

53.2

40.7

33.8

42.4

39.0

46.8

29.3

25.7

34.4

35.8 Y

Y

Y

Y

Y

Y 0

5

5

0

0

0

5

5

5

0

0

5

5 24-HOUR 98TH PERCENTILE VALUE

23.5

35.2

32.8

34.1

34.8

28.9

39.0

33.5

35.1

25.4

23.1

33.0

31.3 118

106

114

116

115

116

114

117

118

121

115

118

99 1ST

MAX 2ND

MAX 3RD

MAX

24.6

35.8

38.3

45.0

38.9

31.9

41.2

34.3

37.7

25.9

23.5

34.0

35.3 23.5

35.2

32.8

34.1

34.8

28.9

39.0

33.5

35.1

25.4

23.1

33.0

31.3 21.7

35.0

31.5

32.8

31.2

28.8

35.1

30.9

34.0

24.8

22.7

31.1

30.5 10.94

16.43

15.55

14.69

14.37

13.62

16.32*

14.14

15.14

12.84

11.88

15.09

13.44 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 5 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-037-0003

21-037-0003

21-037-0003

21-037-0003

21-037-0003

21-037-3002

21-037-3002

21-037-3002 1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584 Fort Thomas

Fort Thomas

Fort Thomas

Fort Thomas

Fort Thomas

Highland Heights Highland Heights Highland Heights Campbell

Campbell

Campbell

Campbell

Campbell

Campbell
Campbell
Campbell PLT, FT THOMAS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 700 ALEXANDRIA PK, WATER PLT, FT THOMAS 524A John Hill Road 524A John Hill Road 524A John Hill Road 2002

2003

2004

2005

2006

2007

2008

2009 118

118

118

118

118

118

118

145 42.5

32.6

37.2

48.5

25.2

34.0

30.5

24.5 Y

Y

Y

Y 0

0

0

5

0

5

0

0 24-HOUR 98TH PERCENTILE VALUE

42.3

28.1

27.5

38.0

25.2

34.0

26.1

22.5 99

112

119

117

18

50

119

112 1ST

MAX 2ND

MAX 3RD

MAX

42.3

29.7

30.7

39.0

19.8

33.5

27.3

22.7 38.9

28.1

27.5

38.0

17.0

26.3

26.1

22.5 37.7

27.8

26.9

36.0

16.8

26.0

24.4

21.4 14.81*

13.42

12.77

14.84

11.54*

14.36*

11.83

11.43 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 6 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-043-0500

21-047-0006

21-047-0006

21-047-0006 1

1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city

Not in a city

Not in a city Carter

Carter

Carter

Carter

Carter

Carter

Carter

Carter

Carter

Carter

Christian

Christian

Christian CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE CAMP WEBB GRAYSON LAKE 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2000

2001

2002 118

118

118

118

118

118

118

118

118

145

118

118

118 29.5

47.3

39.3

31.3

28.6

39.8

43.2

36.7

25.2

22.2

40.4

33.4

35.0 Y

Y

Y

Y

Y

Y

Y 5

5

0

0

0

5

0

5

0

0

5

0

0 24-HOUR 98TH PERCENTILE VALUE
28.8

28.9

29.8

26.7

24.5

37.2

25.5

30.9

22.6

16.9

38.3

27.2

29.3 107

116

115

111

122

117

112

116

121

120

104

111

107 1ST

MAX 2ND

MAX 3RD

MAX
28.9

30.5

37.0

29.7

24.6

39.6

26.3

31.8

24.5

19.5

39.7

27.6

32.0 28.8

28.9

29.8

26.7

24.5

37.2

25.5

30.9

22.6

16.9

38.3

27.2

29.3 27.8

28.8

27.9

26.3

24.1

36.4

24.9

30.8

21.2

15.5

34.7

26.5

25.8 13.75*

12.36

12.44

11.41

11.08

13.55

11.49*

12.81

10.25

8.77

15.45*

13.51

13.09* WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 7 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-047-0006

21-047-0006

21-047-0006

21-047-0006

21-047-0006

21-047-0006

21-047-0006

21-059-0005

21-059-0005 1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584 Not in a city

Not in a city

Not in a city

Not in a city

Not in a city

Not in a city

Not in a city

Owensboro

Owensboro Christian

Christian

Christian

Christian

Christian

Christian

Christian

Daviess

Daviess 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. 10800 PILOT ROCK ROAD, WILLIAMSON RES. WYNDALL SHPG CTR US 60 & PLSNT VALLEY RD WYNDALL SHPG 2003

2004

2005

2006

2007

2008

2009

2005

2006 118

118

118

118

118

118

145

118

118 39.0

32.7

44.9

36.8

43.6

28.4

28.6

38.9

42.7 Y

Y

Y 0

0

5

0

5

0

0

5

0 24-HOUR 98TH PERCENTILE VALUE
36.8

26.2

35.0

30.3

35.5

27.2

24.0

36.7

30.0 103

106

119

115

116

117

103

110

114 1ST

MAX 2ND

MAX 3RD

MAX
38.3

28.5

41.0

30.9

39.5

27.9

28.5

38.6

38.2 36.8

26.2

35.0

30.3

35.5

27.2

24.0

36.7

30.0 34.5

25.1

34.2

27.1

35.5

26.7

21.3

36.6

28.8 13.86*

11.83*

14.04

12.63

13.99

11.90

10.71*

15.09

13.05 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 8 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-059-0005

21-059-0005

21-059-0005

21-059-0014

21-059-0014

21-059-0014

21-059-0014

21-059-0014

21-061-0501 1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584 Owensboro

Owensboro

Owensboro

Owensboro

Owensboro

Owensboro

Owensboro

Owensboro

Not in a city Daviess

Daviess

Daviess

Daviess

Daviess

Daviess

Daviess

Daviess

Edmonson CTR US 60 & PLSNT VALLEY RD WYNDALL SHPG CTR US 60 & PLSNT VALLEY RD WYNDALL SHPG CTR US 60 & PLSNT VALLEY RD WYNDALL SHPG CTR US 60 & PLSNT VALLEY RD KY WESLEYAN COLLEGE, 3000 FREDERICA ST KY WESLEYAN COLLEGE, 3000 FREDERICA ST KY WESLEYAN COLLEGE, 3000 FREDERICA ST KY WESLEYAN COLLEGE, 3000 FREDERICA ST KY WESLEYAN COLLEGE, 3000 FREDERICA ST MAMMOTH CAVE NP - ALFRED COOK ROAD 2007

2008

2009

2000

2001

2002

2003

2004

2004 118

118

145

118

118

118

118

118

118 40.8

28.9

34.0

40.7

44.2

49.3

45.5

32.6

33.2 Y

Y

N

Y

Y

Y 5

0

0

5

0

5

0

0

0 24-HOUR 98TH PERCENTILE VALUE

34.9

24.4

25.4

39.5

31.5

29.5

36.5

27.0

24.2 110

115

114

79

113

111

98

116

117 1ST

MAX 2ND

MAX 3RD

MAX

38.5

24.6

28.3

39.5

41.2

34.6

36.5

27.4

26.8 34.9

24.4

25.4

39.5

31.5

29.5

34.8

27.0

24.2 34.3

23.4

24.2

37.2

30.4

28.7

34.4

25.6

23.9 14.17

11.99

11.89

17.17*

15.18

14.64

14.62*

12.47

11.58 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 9 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-061-0501

21-061-0501

21-067-0012

21-067-0012

21-067-0012

21-067-0012

21-067-0012

21-067-0012 1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584 Not in a city

Not in a city

LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette Edmonson

Edmonson

Fayette

Fayette

Fayette

Fayette

Fayette

Fayette MAMMOTH CAVE NP - ALFRED COOK ROAD MAMMOTH CAVE NP - ALFRED COOK ROAD 650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE 2005

2006

2000

2001

2002

2003

2004

2005 118

118

118

118

118

118

118

118 34.4

17.1

38.6

48.6

56.0

28.9

33.0

44.1 Y

Y

Y

Y 5

0

5

5

0

0

0

5 24-HOUR 98TH PERCENTILE VALUE
33.6

17.1

36.8

35.8

41.6

28.3

29.1

35.6 119

15

112

119

115

109

114

119 1ST

MAX 2ND

MAX 3RD

MAX
33.8

13.5

38.5

39.1

53.3

28.6

30.3

40.8 33.6

12.5

36.8

35.8

41.6

28.3

29.1

35.6 32.8

10.0

31.9

34.3

33.2

28.0

28.6

34.7 13.63

8.75*

16.22

15.71

15.08

13.79

13.45

15.51 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 10 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-067-0012

21-067-0012

21-067-0012

21-067-0012

21-067-0014

21-067-0014 1

1

1

1

1

1 0584

0584

0584

0584

0584

0584 (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington) Fayette

Fayette

Fayette

Fayette

Fayette

Fayette CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

650 NEWTOWN PIKE, FAYETTE CO HEALTH DEPT

533 S LIMESTONE

533 S LIMESTONE 2006

2007

2008

2009

2000

2001 118

118

118

145

118

118 36.6

51.7

26.0

23.7

39.5

49.0 Y

Y 5

5

5

0

5

5 24-HOUR 98TH PERCENTILE VALUE

30.4

33.7

23.5

21.4

38.1

32.6 119

117

119

117

107

112 1ST

MAX 2ND

MAX 3RD

MAX

34.1

35.1

23.6

22.0

38.4

38.1 30.4

33.7

23.5

21.4

38.1

32.6 29.0

29.5

23.0

21.3

33.0

31.5 13.67

14.39

12.09

11.17

16.96*

16.20 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 11 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-067-0014

21-067-0014

21-067-0014

21-067-0014

21-067-0014

21-067-0014

21-067-0014 1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584 LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate name for Lexington)LexingtonFayette (corporate Fayette

Fayette

Fayette

Fayette

Fayette

Fayette

Fayette 533 S LIMESTONE

533 S LIMESTONE

533 S LIMESTONE

533 S LIMESTONE

533 S LIMESTONE

533 S LIMESTONE

533 S LIMESTONE 2002

2003

2004

2005

2006

2007

2008 118

118

118

118

118

118

118 51.9

43.6

32.5

41.0

42.8

33.6

28.8 Y

Y

Y

Y 0

0

0

5

5

5

5 24-HOUR 98TH PERCENTILE VALUE
41.0

29.1

29.2

35.4

32.2

32.0

22.7 115

104

121

116

114

108

116 1ST

MAX 2ND

MAX 3RD

MAX
49.9

30.0

30.7

38.2

36.4

33.1

24.6 41.0

29.1

29.2

35.4

32.2

32.0

22.7 34.1

28.6

29.0

35.1

30.6

30.2

22.4 15.56

15.03*

14.32

16.05

13.86

14.12

12.10 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 12 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-067-0014

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-073-0006

21-093-0006

21-093-0006 1

1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 name for Lexington)LexingtonFayette (corporate name for Lexington) Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Frankfort

Elizabethtown

Elizabethtown Fayette

Franklin

Franklin

Franklin

Franklin

Franklin

Franklin

Franklin

Franklin

Franklin

Franklin

Hardin

Hardin 533 S LIMESTONE

803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 803 SCHENKEL LANE 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN 2009

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2000

2001 118

118

118

118

118

118

118

118

118

118

145

118

118 21.2

37.0

53.1

47.2

36.4

28.9

49.1

37.1

43.9

27.8

22.7

39.4

37.7 Y

Y

Y

Y

Y

Y 0

5

5

0

0

0

5

0

5

0

0

5

5 24-HOUR 98TH PERCENTILE VALUE

20.0

34.2

35.6

35.0

30.3

26.9

38.0

28.1

35.3

23.2

19.6

35.0

30.7 112

114

105

111

116

115

118

118

120

119

120

86

115 1ST

MAX 2ND

MAX 3RD

MAX

20.2

36.3

50.6

46.2

31.2

27.6

45.7

30.2

37.0

24.5

22.0

35.0

36.3 20.0

34.2

35.6

35.0

30.3

26.9

38.0

28.1

35.3

23.2

19.6

32.9

30.7 19.7

31.0

30.1

32.9

28.5

26.1

35.5

26.9

30.0

22.7

18.5

32.6

29.6 11.15

15.13

13.85

13.85

13.07

12.54

14.59

12.43

13.54

11.45

10.47

15.61*

14.61 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 13 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-093-0006

21-093-0006

21-093-0006

21-093-0006

21-093-0006

21-093-0006

21-093-0006

21-093-0006

21-101-0006

21-101-0006

21-101-0006

21-101-0006 1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 Elizabethtown

Elizabethtown

Elizabethtown

Elizabethtown

Elizabethtown

Elizabethtown

Elizabethtown

Elizabethtown

Henderson

Henderson

Henderson

Henderson Hardin

Hardin

Hardin

Hardin

Hardin

Hardin

Hardin

Hardin

Henderson

Henderson

Henderson

Henderson LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK 801 N MILES ST, AMERICAN LEGION PARK BEND GATE SCH BEND GATE RD. BEND GATE SCH BEND GATE RD. BEND GATE SCH BEND GATE RD. BEND GATE SCH 2002

2003

2004

2005

2006

2007

2008

2009

2000

2001

2002

2003 118

118

118

118

118

118

118

145

118

118

118

118 48.8

39.9

30.6

39.6

37.1

48.7

25.9

25.3

38.5

38.0

49.9

29.0 Y

Y

Y

Y

Y

Y

Y 0

0

0

5

0

5

0

0

5

0

0

0 24-HOUR 98TH PERCENTILE VALUE

32.2

32.4

27.8

35.1

31.8

38.4

25.2

22.3

34.4

30.0

41.4

29.0 115

104

117

118

119

118

110

116

100

107

119

29 1ST

MAX 2ND

MAX 3RD

MAX

37.1

34.5

29.7

39.5

33.3

38.6

25.4

23.2

38.3

36.6

45.8

25.7 32.2

32.4

27.8

35.1

31.8

38.4

25.2

22.3

34.4

30.0

41.4

25.4 32.1

26.7

25.3

33.2

29.0

34.9

24.6

20.6

25.6

28.8

35.8

21.5 13.98

13.39

12.24

14.50

13.23

14.36

12.22

10.97

14.99

14.21

14.18

13.18* WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 14 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-101-0014

21-101-0014

21-101-0014

21-101-0014

21-101-0014

21-101-0014

21-101-0014

21-111-0043

21-111-0043

21-111-0043

21-111-0043

21-111-0043

21-111-0043 1

1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0549

0549

0549

0549

0549

0549 Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city
Not in a city

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville Henderson

Henderson

Henderson

Henderson

Henderson

Henderson

Henderson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson BEND GATE RD. BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT BASKETT FIRE DEPARTMENT 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN 2003

2004

2005

2006

2007

2008

2009

2000

2001

2002

2003

2004

2005 118

118

118

118

118

118

145

118

118

118

118

118

118 47.5

27.5

44.7

39.1

35.5

25.5

32.2

54.7

48.7

80.2

44.0

43.7

48.8 Y

Y

Y

Y 0

0

5

0

5

0

0

0

0

0

0

5

5 24-HOUR 98TH PERCENTILE VALUE

35.8

25.8

36.7

28.9

31.4

24.3

26.2

39.4

35.7

46.5

36.3

31.1

42.9 78

116

110

117

117

113

117

342

83

319

335

342

338 1ST

MAX 2ND

MAX 3RD

MAX

35.8

26.1

36.9

36.8

34.6

25.0

29.6

50.6

35.7

54.5

43.2

42.8

47.8 32.5

25.8

36.7

28.9

31.4

24.3

26.2

44.5

35.4

50.0

42.6

35.1

45.9 31.4

25.0

34.0

28.4

30.6

23.8

25.6

43.7

34.0

49.8

40.9

33.1

44.3 14.02*

12.14

15.36

13.35

14.15

11.92

11.67

17.31

17.10*

17.16

15.96

14.53

16.64 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 15 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-111-0043

21-111-0043

21-111-0043

21-111-0043

21-111-0044

21-111-0044

21-111-0044

21-111-0044

21-111-0044 1

1

1

1

1

1

1

1

1 0549

0584

0584

0584

0549

0549

0549

0549

0549 Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 37TH & SOUTHERN AVENUE 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE 2006

2007

2008

2009

2000

2001

2002

2003

2004 118

118

118

118

118

118

118

118

118 48.2

47.7

35.6

31.5

53.1

53.2

100.6

53.5

43.5 Y

Y

Y

Y 5

5

0

0

0

0

0

0

5 24-HOUR 98TH PERCENTILE VALUE

36.0

34.1

28.7

24.3

37.8

43.0

45.4

37.9

30.6 298

354

333

352

333

347

330

316

347 1ST

MAX 2ND

MAX 3RD

MAX

39.3

43.8

32.5

31.2

44.7

46.5

69.4

44.8

41.0 38.0

43.0

31.9

27.6

43.4

46.1

58.8

42.3

34.2 37.4

41.4

31.6

26.5

43.2

44.9

57.4

41.5

32.7 14.96*

15.09

13.17

12.21

16.68

17.73

17.45

15.38

14.05 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 16 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-111-0044

21-111-0044

21-111-0044

21-111-0044

21-111-0044

21-111-0048

21-111-0048

21-111-0048

21-111-0048

21-111-0048

21-111-0048 1

1

1

1

1

1

1

1

1

1

1 0549

0549

0584

0584

0584

0549

0549

0549

0549

0549

0549 Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 1032 BEECHER AVE, WYANDOTTE PARK 850 BARRET AVENUE 850 BARRET AVENUE 850 BARRET AVENUE 850 BARRET AVENUE 850 BARRET AVENUE 850 BARRET 2005

2006

2007

2008

2009

2000

2001

2002

2003

2004

2005 118

118

118

118

118

118

118

118

118

118

118 48.9

48.9

44.5

36.2

33.8

38.6

55.9

52.1

43.0

42.7

46.4 Y

Y

Y

Y 5

5

5

0

0

0

0

0

0

5

5 24-HOUR 98TH PERCENTILE VALUE

40.1

36.3

33.5

29.5

25.7

37.5

42.6

44.7

35.5

28.8

43.2 331

339

354

342

353

108

109

103

108

109

114 1ST

MAX 2ND

MAX 3RD

MAX

44.5

38.4

42.8

35.9

28.3

37.7

43.7

45.8

42.1

30.4

43.6 43.2

38.3

41.6

31.9

28.0

37.5

42.6

44.7

35.5

28.8

43.2 43.1

38.2

41.2

31.8

27.3

36.6

40.2

38.0

32.5

28.3

41.6 16.40

15.18

14.85

13.41

12.45

16.71*

16.90*

16.43

15.53

13.71*

16.72 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 17 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-111-0048

21-111-0048

21-111-0048

21-111-0051

21-111-0051

21-111-0051

21-111-0051

21-111-0051

21-111-0051

21-111-0051 1

1

1

1

1

1

1

1

1

1 0549

0584

0584

0549

0549

0549

0549

0549

0549

0549 Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville

Louisville Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Jefferson AVENUE 850 BARRET AVENUE 850 BARRET AVENUE 850 BARRET AVENUE 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON 2006

2007

2008

2000

2001

2002

2003

2004

2005

2006 118

118

118

118

118

118

118

118

118

118 40.9

42.9

35.0

37.8

37.9

30.5

37.3

29.3

39.1

32.8 Y

Y

Y

Y

Y 5

5

0

0

0

0

0

0

5

5 24-HOUR 98TH PERCENTILE VALUE

36.7

31.9

30.7

36.4

37.6

30.5

33.0

25.8

36.5

32.5 119

116

116

55

51

50

57

60

59

58 1ST

MAX 2ND

MAX 3RD

MAX

37.6

40.4

31.3

36.4

37.6

29.6

33.0

25.8

36.5

32.5 36.7

31.9

30.7

34.9

32.4

28.8

31.1

24.2

30.0

28.4 33.4

31.3

25.1

33.3

29.7

28.3

29.8

23.7

29.2

26.2 13.87

14.96

13.44

16.80*

16.27*

15.72*

14.92

12.63

16.48

13.67 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 18 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-111-0051

21-111-0051

21-111-0051

21-111-0067

21-111-1041

21-117-0007

21-117-0007

21-117-0007 1

1

1

1

1

1

1

1 0584

0584

0584

0584

0549

0584

0584

0584 Louisville

Louisville

Louisville

Not in a city

Louisville

Covington

Covington

Covington Jefferson

Jefferson

Jefferson

Jefferson

Jefferson

Kenton

Kenton

Kenton LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 7201 WATSON LN, WATSON LN ELEMENTARY SCH 2730 CANNONS LANE, BOWMAN FIELD 4201 ALGONQUIN PKWY 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 2007

2008

2009

2009

2001

2000

2001

2002 118

118

118

118

118

118

118

118 51.3

30.3

26.7

30.8

60.8

38.9

51.5

39.5 Y

Y

Y

Y 5

0

0

0

0

5

5

0 24-HOUR 98TH PERCENTILE VALUE

32.5

28.6

24.7

24.1

43.8

37.2

40.2

37.8 59

57

61

122

330

118

112

107 1ST

MAX 2ND

MAX 3RD

MAX

32.5

28.6

24.7

27.2

49.9

38.4

44.6

38.0 32.0

24.6

24.5

24.1

49.9

37.2

40.2

37.8 30.7

24.4

22.4

24.0

47.9

36.9

39.3

37.4 15.37

12.78

11.59

11.67

18.74

16.26

15.25

15.06* WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 19 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-117-0007

21-117-0007

21-117-0007

21-117-0007

21-117-0007

21-117-0007

21-117-0007

21-125-0004

21-125-0004 1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584 Covington

Covington

Covington

Covington

Covington

Covington

Covington

London

London Kenton

Kenton

Kenton

Kenton

Kenton

Kenton

Kenton

Laurel

Laurel 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE 1401 DIXIE HWY, UNIVERSITY COLLEGE LONDON AIRPORT LONDON AIRPORT 2003

2004

2005

2006

2007

2008

2009

2002

2003 118

118

118

118

118

118

118

118

118 31.9

38.1

52.7

36.7

34.7

30.5

24.5

31.6

28.3 Y

Y

Y

Y

Y 0

0

5

5

5

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
30.8

29.4

42.1

32.6

31.6

25.2

23.1

31.6

24.5 107

115

118

116

117

121

116

47

55 1ST

MAX 2ND

MAX 3RD

MAX
31.9

37.4

46.8

32.7

34.6

27.3

23.3

27.3

24.5 30.8

29.4

42.1

32.6

31.6

25.2

23.1

24.5

23.1 29.6

28.2

40.4

32.2

30.5

25.0

22.1

23.5

21.8 14.30

13.42

15.86

13.29

13.99

11.99

11.15

13.02*

12.11* WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 20 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-125-0004

21-125-0004

21-125-0004

21-145-1004

21-145-1004

21-145-1004

21-145-1004

21-145-1004

21-145-1004

21-145-1004

21-145-1004

21-145-1004 1

1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 London

London

London

Paducah

Paducah

Paducah

Paducah

Paducah

Paducah

Paducah

Paducah

Paducah Laurel

Laurel

Laurel

McCracken

McCracken

McCracken

McCracken

McCracken

McCracken

McCracken

McCracken

McCracken LONDON AIRPORT LONDON AIRPORT LONDON AIRPORT 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH 2004

2005

2006

2000

2001

2002

2003

2004

2005

2006

2007

2008 118

118

118

118

118

118

118

118

118

118

118

118 28.5

38.4

16.2

37.5

34.1

44.3

43.6

27.7

39.6

39.3

36.8

26.4 Y

Y

Y

Y

Y

Y 0

5

0

5

0

0

0

0

5

5

5

0 24-HOUR 98TH PERCENTILE VALUE
21.5

29.5

16.2

35.3

28.1

30.2

31.0

26.5

37.1

36.7

33.9

25.3 57

55

8

92

106

103

102

117

119

119

114

117 1ST

MAX 2ND

MAX 3RD

MAX
21.5

29.5

11.0

35.3

33.0

34.4

36.3

27.0

37.2

38.9

34.2

25.7 20.0

27.5

11.0

34.4

28.1

30.2

31.0

26.5

37.1

36.7

33.9

25.3 19.0

27.4

10.1

29.6

27.2

28.3

29.3

26.3

36.9

31.4

31.0

25.3 11.47

14.07

9.00*

15.26*

14.11

12.61*

13.75

11.77

14.03

13.61

13.89

11.80 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 21 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-145-1004

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003

21-151-0003 1

1

1

1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 Paducah

Richmond

Richmond

Richmond

Richmond

Richmond

Richmond

Richmond

Richmond

Richmond

Richmond McCracken

Madison

Madison

Madison

Madison

Madison

Madison

Madison

Madison

Madison

Madison MIDDLE SCHOOL 342 LONE OAK RD, PADUCAH MIDDLE SCHOOL MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD SCHOOL, BOND STREET MAYFIELD 2009

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009 145

118

118

118

118

118

118

118

118

118

118 30.9

37.3

50.6

49.8

31.3

33.7

42.3

32.4

44.7

25.3

18.9 Y

Y

Y

Y

Y 0

5

5

0

0

0

5

0

5

0

0 24-HOUR 98TH PERCENTILE VALUE

25.1

29.9

29.9

33.7

28.1

28.4

32.6

28.2

31.9

23.5

18.5 116

116

105

109

112

111

115

118

118

119

114 1ST

MAX 2ND

MAX 3RD

MAX

25.2

31.2

30.5

34.6

31.2

28.6

35.2

28.6

35.6

23.5

18.7 25.1

29.9

29.9

33.7

28.1

28.4

32.6

28.2

31.9

23.5

18.5 25.1

28.8

28.6

32.8

26.3

27.0

31.7

26.9

31.8

20.8

18.4 11.53

14.93

13.85

13.46

12.93

12.98

15.21

12.31

13.32

10.45

9.76 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 22 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-183-0032 21-183-0032 21-183-0032 21-183-0032 21-183-0032 21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-193-0003

21-195-0002

21-195-0002 1

1 1 1 1 1

1

1

1

1

1

1

1

1

1

1 0584 0584 0584 0584 0584 0584

0584

0584

0584

0584

0584

0584

0584

0584

0584

0584 Not in a city Not in a city Not in a city Not in a city Not in a city Hazard

Hazard

Hazard

Hazard

Hazard

Hazard

Hazard

Hazard

Hazard

Pikeville

Pikeville Ohio

Ohio Ohio Ohio Ohio Perry

Perry

Perry

Perry

Perry

Perry

Perry

Perry

Perry

Pike

Pike SCHOOL, BOND STREET KEYTOWN ROAD KEYTOWN ROAD KEYTOWN ROAD KEYTOWN ROAD KEYTOWN ROAD PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK PERRY COUNTY HORSE PARK 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, 2005

2006 2007 2008 2009 2000

2001

2002

2003

2004

2005

2006

2007

2008

2000

2001 118 118 118 118 145 118

118

118

118

118

118

118

118

118

118

118 34.5

25.0 43.6 28.0 25.8 34.9

36.5

25.4

37.3

27.9

34.6

29.9

38.0

22.5

32.7

44.5 Y

Y

Y

Y

Y

Y

Y

Y

Y 5 0 5 0 0 5

0

0

0

0

5

5

5

0

5

5 24-HOUR 98TH PERCENTILE VALUE

34.5 24.2 38.6 25.4 25.6 34.9

28.0

25.4

28.3

24.7

31.4

26.9

31.2

22.5

31.3

31.9 48 55 56 60 54 36

55

50

57

61

55

58

57

25

106

108 1ST

MAX 2ND

MAX 3RD

MAX

33.1 24.2 38.6 25.4 25.6 33.7

28.0

23.2

28.3

24.7

31.4

26.9

31.2

20.0

31.5

34.1 29.2

22.6 26.1 24.1 24.5 33.6

28.0

22.0

22.5

21.0

26.4

22.7

27.8

16.5

31.3

31.9 28.0

22.5 23.6 21.4 20.3 33.4

26.6

21.2

22.5

19.7

25.8

21.8

26.5

14.8

30.9

30.5 14.85* 12.67 14.40 12.07 11.08 17.95*

14.33

13.03*

13.30

11.94

13.87

12.36

14.03

10.97*

14.78

14.49 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 23 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-195-0002

21-195-0002

21-195-0002

21-195-0002

21-195-0002

21-195-0002

21-195-0002

21-195-0002 1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584 Pikeville

Pikeville

Pikeville

Pikeville

Pikeville

Pikeville

Pikeville

Pikeville Pike

Pike

Pike

Pike

Pike

Pike

Pike

Pike DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT OFFIC 101 NORTH MAYO TRAIL, DOT DISTRICT 2002

2003

2004

2005

2006

2007

2008

2009 118

118

118

118

118

118

118

118 41.7

62.2

36.5

43.7

32.2

39.6

25.8

35.7 Y

Y

Y

Y

Y 0

0

0

5

0

5

0

0 24-HOUR 98TH PERCENTILE VALUE

29.7

30.5

28.2

32.0

29.4

33.0

21.2

23.5 119

114

120

120

120

119

85

87 1ST

MAX 2ND

MAX 3RD

MAX

38.2

43.0

29.7

34.1

30.9

38.1

21.2

23.5 29.7

30.5

28.2

32.0

29.4

33.0

19.7

20.1 29.0

29.5

25.4

30.0

28.3

32.6

18.0

17.3 13.58

13.13

12.34

14.14

13.44

14.19

10.49

9.45 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 24 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT

21-227-0007

21-227-0007

21-227-0007

21-227-0007

21-227-0007

21-227-0007

21-227-0007

21-227-0007 1

1

1

1

1

1

1

1 0584

0584

0584

0584

0584

0584

0584

0584 Bowling Green

Bowling Green

Bowling Green

Bowling Green

Bowling Green

Bowling Green

Bowling Green

Bowling Green Warren

Warren

Warren

Warren

Warren

Warren

Warren

Warren OFFIC KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN KEREIAKES PARK, FAIRVIEW & COLLETT LN 2000

2001

2002

2003

2004

2005

2006

2007 118

118

118

118

118

118

118

118 41.8

37.0

32.0

36.2

34.7

38.9

37.3

44.2 Y

Y

Y

Y 5

0

0

0

0

5

0

5 24-HOUR 98TH PERCENTILE VALUE

32.6

31.5

29.1

30.2

31.5

32.5

34.8

38.0 116

118

119

107

115

117

117

80 1ST

MAX 2ND

MAX 3RD

MAX

33.8

33.5

31.0

32.7

32.8

35.1

35.0

38.0 32.6

31.5

29.1

30.2

31.5

32.5

34.8

37.5 32.3

30.1

26.7

29.1

29.2

31.5

30.6

34.9 15.24

14.77

13.27

13.31

13.14

14.82

13.83

16.63* WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 25 of 27 PM2.5 - Local Conditions (88101) Kentucky Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
21-227-0008

21-227-0008

21-227-0008 1

1

1 0584

0584

0584 Oakland

Oakland

Oakland Warren

Warren

Warren OAKLAND ELEMENTARY SCH, KY 179, OAKLAND OAKLAND ELEMENTARY SCH, KY 179, OAKLAND OAKLAND ELEMENTARY SCH, KY 179, OAKLAND 2007

2008

2009 118

118

145 37.5

29.2

26.5 Y 5

0

0 24-HOUR 98TH PERCENTILE VALUE
37.5

28.6

21.0 39

115

111 1ST

MAX 2ND

MAX 3RD

MAX
22.4

28.9

26.0 20.9

28.6

21.0 19.5

25.3

17.8 12.54*

12.16

10.55 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 26 of 27 88101 88101 118

145 R & P Model 2025 PM2.5 Sequential w/WINS

R & P Model 2025 PM-2.5 Sequential Air Sampler GRAVIMETRIC Gravimetric PARAMETER METHOD

CODE COLLECTION METHOD ANALYSIS METHOD METHODS USED IN THIS REPORTFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 27 of 27 PQAOS USED IN THIS REPORT

PQAO AGENCY DESCRIPTION 0549 0584 Jefferson County, KY Air Pollution Control District Kentucky Division For Air QualityUNITES STATES ENVIRONMENTAL PROTECTION AGENCY

QUICKLOOK CRITERIA PARAMETERS
Feb. 19, 2010 Report Request ID: 720857 Report Code: AMP450

Selection Criteria Page 1 User ID: NOQ

State County City

Site Parameter POC AQCR UAR CBSA CSA EPA Region Method Duration Begin Date End Date 39 39 39 39 39 39 017

025 061 087 145 165 GEOGRAPHIC SELECTIONS

PROTOCOL SELECTIONS Parameter Classification Parameter Method Duration
CRITERIA 88101

SELECTED OPTIONS

EVENTS PROCESSING MERGE PDF FILES Option Type Option Value EXCLUDE REGIONALLY CONCURRED EVENTS

YES SORT ORDER

1 2 3 4 5 6 7 Order Column

PARAMETER_CODE STATE_CODE COUNTY_CODE SITE_ID POC DATES EDT_ID
GLOBAL DATES

2000 Start Date End Date 2009 TribalFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 1 of 12 EXCEPTIONAL DATA TYPES
EDT DESCRIPTION
0
1 2 3
4
5 6
7 NO EVENTS
EVENTS EXCLUDED
EVENTS INCLUDED
EXCEPTIONAL EVENTS EXCLUDED
NATURAL EVENTS EXCLUDED
EVENTS WITH CONCURRENCE EXCLUDED
EXCEPTIONAL EVENTS WITH CONCURRENCE EXCLUDED
NATURAL EVENTS WITH CONCURRENCE EXCLUDEDFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 2 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0003

39-017-0016

39-017-0016

39-017-0016 1

1

1

1

1

1

1

1

1

1

2

2

2

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Middletown

Fairfield

Fairfield

Fairfield Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN BONITA & ST JOHN 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2003

2008

2009

2000

2001

2002 120

120

120

120

000

119

119

120

120

000

120

000

000

120

120

120 43.8

49.9

48.1

48.1

39.5

47.6

31.5

37.8

38.4

31.5

38.7

38.1

29.9

43.8

45.5

39.2 Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
38.1

41.7

40.7

38.6

37.2

47.6

30.2

36.8

27.1

25.3

38.7

30.9

22.8

43.8

41.5

33.6 312

345

339

310

60

37

59

118

119

116

21

58

58

30

114

115 1ST

MAX 2ND

MAX 3RD

MAX
42.2

47.8

44.8

47.4

37.2

43.1

30.2

37.1

31.2

27.4

27.1

30.9

22.8

39.0

42.9

35.1 42.1

44.9

43.0

46.6

31.6

35.8

26.7

36.8

27.1

25.3

26.5

27.3

22.2

36.5

41.5

33.6 41.3

44.4

42.3

44.6

28.4

28.0

24.1

35.3

26.3

24.3

24.8

27.2

21.9

32.2

36.1

32.2 16.96

16.43

16.83

15.05*

14.06

19.04*

14.05

15.41

13.69

12.68

17.20*

14.32

12.41

18.85*

15.87

15.34 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 3 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-017-0016

39-017-0016

39-017-0016

39-017-0016

39-017-0016

39-017-0016

39-017-0016

39-017-0017 39-017-0017 39-017-0017 39-017-0017 39-017-0017 39-017-0017 39-017-1004

39-017-1004

39-017-1004

39-017-1004

39-017-1004 1

1

1

1

1

1

1

1 1 1 1 1 1 1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259 1259 1259 1259 1259 1259 1259

1259

1259

1259

1259 Fairfield

Fairfield

Fairfield

Fairfield

Fairfield

Fairfield

Fairfield

Middletown Middletown Middletown Middletown Middletown Middletown Middletown

Middletown

Middletown

Middletown

Middletown Butler

Butler

Butler

Butler

Butler

Butler

Butler

Butler Butler Butler Butler Butler Butler Butler

Butler

Butler

Butler

Butler 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 400 NILLES RD. 3300 WILWOOD 3300 WILWOOD 3300 WILWOOD 3300 WILWOOD 3300 WILWOOD 3300 WILWOOD
HOOK FIELD AIRPORT HOOK FIELD AIRPORT HOOK FIELD AIRPORT HOOK FIELD AIRPORT HOOK FIELD AIRPORT 2003

2004

2005

2006

2007

2008

2009

2000 2001 2002 2003 2004 2005 2001

2002

2003

2004

2005 120

120

120

120

120

120

000

120 120 120 120 120 120 119

119

119

119

119 48.0

39.9

56.3

35.7

38.0

39.5

33.0

38.7 48.9 40.2 39.4 37.9 49.7 16.5

32.3

33.5

36.3

47.1 Y

Y

Y

Y

Y

Y
Y
Y
Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0 0 0 0 0 0 0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
34.8

32.2

43.4

35.2

34.5

31.5

27.2

38.7 44.8 33.8 34.6 34.3 44.9 16.5

30.9

33.0

31.6

45.4 115

120

122

115

115

118

113

30 122 120 102 121 122 5

59

61

120

122 1ST

MAX 2ND

MAX 3RD

MAX
35.3

32.2

53.5

35.6

36.8

32.7

29.5

38.2 45.0 38.3 34.7 35.6 49.7 11.9

30.9

33.0

32.3

46.5 34.8

32.2

43.4

35.2

34.5

31.5

27.2

37.4 44.8 33.8 34.6 34.3 44.9 11.7

28.6

31.7

31.6

45.4 34.5

30.6

38.9

30.8

34.0

27.6

25.5

28.2 39.9 33.6 31.7 32.0 42.0 9.0

27.0

30.7

29.8

40.3 15.83

14.65

17.88

13.99

14.94

13.75

13.08

17.93* 15.79 15.51 14.66* 14.20 17.23 11.62*

13.85

14.99

13.57

16.87 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 4 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-017-1004

39-017-1004

39-025-0022

39-025-0022

39-025-0022

39-025-0022

39-025-0022

39-061-0006

39-061-0006

39-061-0006

39-061-0006

39-061-0006

39-061-0014

39-061-0014

39-061-0014

39-061-0014 1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Middletown

Middletown

Batavia

Batavia

Batavia

Batavia

Batavia

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati Butler

Butler

Clermont

Clermont

Clermont

Clermont

Clermont

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton HOOK FIELD AIRPORT HOOK FIELD AIRPORT 2400 CLERMONT CENTER DR. 2400 CLERMONT CENTER DR. 2400 CLERMONT CENTER DR. 2400 CLERMONT CENTER DR. 2400 CLERMONT CENTER DR. 11590 GROOMS RD 11590 GROOMS RD 11590 GROOMS RD 11590 GROOMS RD 11590 GROOMS RD SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. 2006

2007

2005

2006

2007

2008

2009

2005

2006

2007

2008

2009

2000

2001

2002

2003 120

120

120

120

120

120

120

120

120

120

120

120

120

120

120

120 36.0

37.6

40.8

34.2

40.8

25.3

23.5

47.4

35.0

40.8

33.9

29.7

49.7

53.2

50.6

46.5 Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
32.7

36.4

38.3

31.6

33.5

23.6

22.0

45.0

33.3

34.7

27.0

24.2

44.3

44.5

43.7

37.8 122

112

114

117

114

116

121

118

118

296

174

122

323

327

351

357 1ST

MAX 2ND

MAX 3RD

MAX
35.0

36.9

38.9

31.9

34.1

24.5

22.4

46.6

34.6

39.2

28.1

26.3

49.4

52.5

48.0

46.5 32.7

36.4

38.3

31.6

33.5

23.6

22.0

45.0

33.3

38.1

28.1

24.2

47.6

52.0

46.2

44.5 29.7

35.5

35.5

30.9

33.1

23.5

21.8

41.0

31.8

37.2

27.0

23.9

46.7

49.4

46.0

42.7 13.38

14.63

15.73

12.72

14.01

11.75

11.01

16.61

13.29

14.63

12.48

12.11

19.25

18.16*

17.89

16.95 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 5 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0014

39-061-0040

39-061-0040

39-061-0040

39-061-0040

39-061-0040

39-061-0040

39-061-0040 1

1

1

1

1

1

2

2

2

1

1

1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. SEYMOUR & VINE ST. 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 2004

2005

2006

2007

2008

2009

2001

2008

2009

2000

2001

2002

2003

2004

2005

2006 120

120

120

120

120

120

120

000

119

120

120

120

120

120

120

120 47.4

43.3

36.3

41.5

37.7

34.3

44.6

40.1

35.3

40.6

51.3

39.2

35.8

41.6

52.1

34.5 Y

Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
42.0

38.5

35.2

36.5

33.0

27.1

44.6

34.7

31.1

34.3

41.2

37.7

31.9

30.5

45.8

32.8 61

58

58

109

119

355

22

58

62

115

117

118

118

115

115

121 1ST

MAX 2ND

MAX 3RD

MAX
42.0

38.5

35.2

38.1

33.3

33.9

33.4

34.7

31.1

40.1

44.5

38.7

34.4

37.3

50.0

33.7 35.2

38.1

31.5

36.5

33.0

29.5

32.6

33.0

30.4

34.3

41.2

37.7

31.9

30.5

45.8

32.8 27.7

32.9

27.1

36.2

31.7

29.1

32.2

32.1

25.1

34.0

40.9

36.4

31.6

29.1

41.3

32.3 15.91

19.75

15.51

16.59

15.12

13.40

23.00*

15.25

13.89

16.72

15.93

15.29

15.50

14.63

17.53

13.57 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 6 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-061-0040

39-061-0040

39-061-0040

39-061-0040

39-061-0041

39-061-0041

39-061-0041

39-061-0041

39-061-0041

39-061-0041

39-061-0041

39-061-0042

39-061-0042

39-061-0042

39-061-0042

39-061-0042 1

1

1

2

1

1

1

1

1

1

2

1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 250 WM. HOWARD TAFT 5300 WINNESTE AVE. 5300 WINNESTE AVE. 5300 WINNESTE AVE. 5300 WINNESTE AVE. 5300 WINNESTE AVE. 5300 WINNESTE AVE. 5300 WINNESTE AVE. 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 2007

2008

2009

2002

2000

2001

2002

2003

2004

2005

2000

2000

2001

2002

2003

2004 120

000

142

000

120

120

120

120

120

120

120

120

120

120

120

120 41.9

31.5

28.5

39.4

42.0

53.7

39.7

37.2

42.6

49.2

43.7

44.8

56.1

51.6

34.3

43.0 Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
34.7

25.5

24.8

37.3

38.0

41.9

33.6

34.4

32.2

37.4

43.7

44.8

46.6

40.0

33.8

31.9 107

107

116

108

63

117

119

119

108

51

14

25

116

119

119

122 1ST

MAX 2ND

MAX 3RD

MAX
35.3

26.6

25.7

38.1

38.0

46.2

38.5

34.7

42.4

37.4

43.3

43.9

47.7

40.1

33.8

41.9 34.7

25.5

24.8

37.3

30.4

41.9

33.6

34.4

32.2

28.7

33.4

40.0

46.6

40.0

33.8

31.9 33.1

25.0

24.8

37.2

27.7

41.4

31.9

32.0

30.3

27.3

29.3

37.5

41.4

39.0

33.6

30.7 15.09

12.62

12.73

15.74*

15.88*

16.11

15.10

15.30

14.63*

15.77*

19.75*

20.61*

17.63

16.83

16.69

15.99 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 7 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-061-0042

39-061-0042

39-061-0042

39-061-0042

39-061-0042

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-0043

39-061-7001

39-061-7001 1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Cincinnati

Cincinnati

Cincinnati

Cincinnati

Cincinnati

Sharonville

Sharonville

Sharonville

Sharonville

Sharonville

Sharonville

Sharonville

Sharonville

Sharonville

Norwood

Norwood Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 2101 W. 8TH ST. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 3254 E. KEMPER RD. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2005

2006

2007

2008

2009

2000

2001

2002

2003

2004

2005

2006

2007

2008

2000

2001 120

120

120

120

000

120

120

120

120

120

120

120

120

120

120

120 58.9

39.4

39.2

33.5

36.5

41.2

46.2

38.8

37.7

42.4

48.4

39.0

37.2

35.0

44.2

53.4 Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
44.4

34.5

35.9

27.5

27.0

41.2

40.1

34.8

37.3

31.4

39.9

34.9

34.0

28.2

39.1

42.3 106

122

110

111

109

30

113

121

119

116

103

118

116

117

265

337 1ST

MAX 2ND

MAX 3RD

MAX
45.8

37.0

36.3

32.2

28.2

40.8

45.9

37.2

37.4

35.8

47.2

35.8

34.0

28.5

42.0

53.2 44.4

34.5

35.9

27.5

27.0

39.5

40.1

34.8

37.3

31.4

39.9

34.9

34.0

28.2

41.8

48.8 38.7

33.5

33.6

27.5

26.3

33.7

39.0

34.1

33.2

30.2

38.4

32.2

32.6

28.0

39.8

48.7 19.09*

14.94

15.90

14.40

13.71

19.10*

16.07

15.42

15.67

14.92

16.89*

14.47

14.85

13.32

17.24*

16.76 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 8 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-061-7001

39-061-7001

39-061-7001

39-061-7001

39-061-7001

39-061-7001

39-061-7001

39-061-7001

39-061-8001

39-061-8001

39-061-8001

39-061-8001

39-061-8001

39-061-8001

39-061-8001

39-061-8001 1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1 1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259

1259 Norwood

Norwood

Norwood

Norwood

Norwood

Norwood

Norwood

Norwood

St. Bernard

St. Bernard

St. Bernard

St. Bernard

St. Bernard

St. Bernard

St. Bernard

St. Bernard Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton

Hamilton 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 2059 SHERMAN AVE. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 300 MURRAY RD. 2002

2003

2004

2005

2006

2007

2008

2009

2000

2001

2002

2003

2004

2005

2006

2007 120

120

120

120

120

120

000

142

120

120

120

120

120

120

120

120 48.3

44.0

43.4

54.4

34.9

40.9

34.2

30.5

48.2

45.5

51.4

41.1

46.8

54.8

37.9

37.4 Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y 0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 24-HOUR 98TH PERCENTILE VALUE
40.7

37.1

34.6

47.1

34.0

33.7

30.3

25.7

40.8

37.0

40.1

35.8

33.9

51.4

36.1

35.4 357

338

350

119

111

111

112

119

103

108

121

118

112

110

114

110 1ST

MAX 2ND

MAX 3RD

MAX
45.3

43.8

40.8

51.8

34.0

35.0

31.9

27.8

46.1

37.2

41.8

36.4

42.8

53.9

36.8

36.3 43.4

42.4

39.3

47.1

34.0

33.7

30.3

25.7

40.8

37.0

40.1

35.8

33.9

51.4

36.1

35.4 43.3

40.2

37.3

43.4

33.0

32.0

28.9

25.7

40.4

36.7

36.9

35.4

30.3

42.2

34.7

32.8 16.08

16.01

15.33

18.37

14.37

15.09

13.74

12.97

19.27*

17.02*

16.98

17.31

16.39

20.00

15.90

16.07 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 9 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-061-8001

39-061-8001

39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0010 39-087-0012

39-087-0012

39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 39-145-0013 1

1

1 1 1 1 1 1 1 1 1 1

1

1 1 1 1 1 1 1 1 1 1 1259

1259

0880 0880 0880 0880 0880 0880 0880 0880 0880 0880

0880

0880 0880 0880 0880 0880 0880 0880 0880 0880 0880 St. Bernard

St. Bernard

Ironton
Ironton
Ironton
Ironton
Ironton
Ironton
Ironton
Ironton
Ironton
Ironton

Ironton

New Boston
New Boston
New Boston
New Boston
New Boston
New Boston
New Boston
New Boston
New Boston
New Boston Hamilton

Hamilton

Lawrence
Lawrence
Lawrence
Lawrence
Lawrence
Lawrence
Lawrence
Lawrence
Lawrence
Lawrence

Lawrence

Scioto Scioto Scioto Scioto Scioto Scioto Scioto Scioto Scioto Scioto 300 MURRAY RD. 300 MURRAY RD. 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 2128 S. 9TH 450 Commerce Drive 450 Commerce Drive 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 4862 GALLIA 2008

2009

2000 2001 2002 2003 2004 2005 2006 2007 2008 2008

2009

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 120

120

120 120 120 120 120 120 120 120 120 120

120

120 120 120 120 120 120 120 120 120 120 37.4

30.8

51.6 57.5 51.3 33.7 33.7 46.5 42.8 44.8 16.5 30.5

28.8

55.8 68.4 50.9 36.0 37.3 44.0 52.4 41.8 31.7 24.0 Y

Y
Y
Y
Y
Y

Y
Y

N
Y
Y
Y
Y

Y 0

0

0 0 0 0 0 0 0 0 0 0

0

0 0 0 0 0 0 0 0 0 0 24-HOUR 98TH PERCENTILE VALUE
31.0

28.7

40.2 41.0 42.4 29.3 31.2 38.5 30.8 35.2 16.5 27.6

21.4

43.5 49.2 42.1 32.8 29.4 40.3 30.5 37.5 24.4 21.8 115

117

95 108 118 117 117 118 119 118 11 98

116

66 117 118 117 118 120 120 120 347 115 1ST

MAX 2ND

MAX 3RD

MAX
31.8

30.8

40.2 47.8 44.2 30.7 32.7 42.3 34.7 40.0 15.4 27.6

21.9

43.5 57.5 43.5 33.8 30.5 40.7 41.9 38.8 30.8 23.5 31.0

28.7

35.6 41.0 42.4 29.3 31.2 38.5 30.8 35.2 14.7 26.0

21.4

38.5 49.2 42.1 32.8 29.4 40.3 30.5 37.5 27.8 21.8 30.8

28.5

35.2 38.7 38.1 27.8 28.8 35.3 30.1 34.8 12.2 25.9

20.2

38.1 44.0 35.8 30.1 27.8 35.2 29.0 33.8 26.0 21.0 14.40

13.44

17.35* 17.67 15.48 14.25 13.71 16.97 14.39 14.97 10.84* 13.12

11.33

21.11* 20.32 16.65 14.69 12.95 16.24 14.32 13.99 12.15 10.88 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 10 of 12 PM2.5 - Local Conditions (88101) Ohio Micrograms/cubic meter (LC) (105)

SITE ID P

O C PQAO CITY COUNTY ADDRESS YEAR METH #OBS 4TH MAX CERT EDT
39-145-0013 39-145-0013 39-165-0007

39-165-0007

39-165-0007 2

2 1

1

1 0880 0880 1259

1259

1259 New Boston
New Boston Lebanon

Lebanon

Lebanon Scioto

Scioto
Warren

Warren

Warren 4862 GALLIA 4862 GALLIA 416 SOUTHEAST ST. 416 SOUTHEAST ST. 416 SOUTHEAST ST. 2008

2009 2007

2008

2009 120 120 120

120

120 25.2

21.8 40.8

27.7

26.5 Y 0 0 0

0

0 24-HOUR 98TH PERCENTILE VALUE
24.4 21.0 33.6

24.2

23.6 58 55 114

118

119 1ST

MAX 2ND

MAX 3RD

MAX
24.4 21.0 36.6

25.7

25.6 22.9

20.0 33.6

24.2

23.6 21.9

16.9 33.3

23.3

22.4 11.74 10.30* 13.98

11.92

11.70 WTD ARITH MEANFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 11 of 12 88101 88101 88101 88101 000

119 120 142 MULTIPLE METHODS

Andersen RAAS2.5-100 PM2.5 SAM w/WINS Andersen RAAS2.5-300 PM2.5 SEQ w/WINS BGI Models PQ200-VSCC or PQ200A-VSCC MULTIPLE METHODS GRAVIMETRIC GRAVIMETRIC Gravimetric PARAMETER METHOD

CODE COLLECTION METHOD ANALYSIS METHOD METHODS USED IN THIS REPORTFeb. 19, 2010

Note: The * indicates that the mean does not satisfy summary criteria. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AIR QUALITY SYSTEM QUICK LOOK REPORT (AMP450)



### Page 12 of 12 PQAOS USED IN THIS REPORT

PQAO AGENCY DESCRIPTION 0880 1259 Portsmouth City Health Dept Division Air Pollution Control Hamilton County Department Of Environmental Services

# Kentucky Annual Ambient Air Monitoring Network Plan 2009

Commonwealth of Kentucky E nergy & Environment Cabinet Department for Environmental Protection Division for Air Quality 200 Fair Oaks Lane, 1 st Floor, Frankfort, Kentucky 40601

## This is a publication of the Kentucky Di vision for Air Quality, part of the Department for Environmental Protection, Energy and En vironment Cabinet. Th e Cabinet does not discriminate on the basis of race, color, nati onal origin, sex, age, religion, or disability and provides, on request, reasonable acco mmodations including auxiliary aids and services necessary to afford an individual with a disability an equal opportunity to participate in all services, programs, and activities.

## PUBLIC NOTIFICATION AND COMMENT PERIOD In accordance with 40 C.F.R. 58.10(a)(1), the Kentucky Energy and Environment Cabinet shall make the annual monitoring ne twork plan available for public inspection for at least 30 days prior to submission to the U.S. EPA. The annual monitoring network plan details the operation and locatio n of ambient air monitors operated by the Kentucky Division for Air Qu ality (KYDAQ), Louisville Metro Air Pollution Control District (LMAPCD), and the National Park Service (NPS).

## TABLE OF CONTENTS INTRODUCTION i
STATION DESCRIPTION FORMAT 1
KENTUCKY METROPLOITAN STATISTICAL AREAS AND COUNTIES MAP 8
NETWORK MAP 9
AIR STATION SUMMARIES 10
NETWORK CHANGES 11
METROPOLITAN STATISTICAL AREAS Bowling Green, KY 13 Cincinnati-Middlet own, OH-KY-IN 16 Clarksville, TN-KY 23 Elizabethtown, KY 26 Evansville, IN-KY 29 Huntington-Ashland, WV-KY-OH 32 Lexington-Fayette, KY 41 Louisville-Jefferson County, KY-IN 48 Owensboro, KY 69
MICROPOLITAN STATISTICAL AREAS Middlesborough, KY 75 Frankfort, KY 77 Paducah-Mayfield, KY-IN 79 Richmond-Berea, KY 87 Somerset, KY 89
NOT IN A MSA Grayson, KY 92 Calvert City, KY 94 Echols, KY 102 Hazard, KY 104 Pikeville, KY 106 Franklin, KY 108
APPENDIX A – LMAPCD AIR TOXICS A-1
APPENDIX B - NCORE WORKPLAN B-1
APPENDIX C - LEAD MONITORING WAIVER REQUEST C-1
APPENDIX D - PUBLIC COMMENTS D-1 ACRONYMS
AEM – Automated Equivalent Method AQI – Air Quality Index AQS – Air Quality System
ARM – Automated Reference Method
CBSA – Core-Based St atistical Area
CSA – Combined Statistical Area
FAM – Federal Alternate Method
FEM – Federal Equivalent Method
FRM – Federal Reference Method KYDAQ – Kentucky Division for Air Quality
LMAPCD – Louisville Metro Air Pollution Control District
MSA – Metropolitan Statistical Area NAAQS – National Ambient Air Quality Standards
NAMS – National Air Monitoring Stations
SAMWG – Standing Air Monitoring Working Group
SLAMS – State and Local Air Monitoring Stations
SPM – Special Purpose Monitors
U.S.EPA – United States Environmental Protection Agency
UV – Ultra Violet
VOC – Volatile Organic Compounds

### INTRODUCTION 

## In October 1975, the United States Environmental Protection Agency (U.S.EPA) established a work group to critically review and evalua te current air monitoring activit ies at that time. This group was named the Standing Air Monitoring Working Group (SAMWG). The review by the SAMWG indicated several areas where deficiencies exis ted which needed correction. The principal areas needing correction were: an excess of monitoring sites in some areas to assess air quality; existing regulations did not allow for flexibility to conduct special purpose monitoring studies; data reporting was untimely and incomplete, caused by a lack of uniformity in station lo cation and probe siting, sampling methodology, quality assurance prac tices, and data handling procedures. In August 1978, recommendations developed by SAMWG, to remedy the deficiencies in the existing monitoring activities, were combin ed with the new requirements of Section 319 of the Clean Air Act. Section 319 provided for the development of uniform air quality monitoring criteria and methodology; reporting of a uniform air quality index in major urban areas; and the establishment of an air quality monitoring system nationwide which ut ilizes uniform monitoring criteria a nd provides for monitoring stations in major urban areas that supplement State monitoring. The combination of the recommendations and requirements were include d in a proposed revision to the air monitoring regulations. In May 1979, air monitoring regulations were finalized by the U.S.EPA requiring certain modifications and additions to be included in the State Implementation Plan for air quality surveillance. These regulations require each stat e to operate a network of monitoring stations designated as State and Local Air Monitoring Stations (S LAMS) that measure ambient concentrations of air pollutants for which standa rds have been established. The SLAMS designation contains provisions concerning th e conformity to specific siti ng and monitoring criteria not previously required. The regulations also provide for an annual revi ew of the monitoring network to insure objectives are being met and to identify needed modification. The Kentucky Division for Air Quality (KYDAQ) has operated an air quality monitoring network in the Commonwealth since July 1967. The Louisville Metro Air Pollution Control District (LMAPCD), a local agency, has maintained a sub-network in its area of jurisdiction si nce January 1956. Since that time, the networks have been expa nded in accordance with the U.S.EP A's regulations to consist of a current overall network of 44 stations, opera ted by KYDAQ, LMAPCD and the National Park Service. The Commonwealth’s SLAMS air monitoring network monitors criteria pollutants for which the National Ambient Air Quality Standards (NAAQS) have been issued. In addition to a SLAMS network, KYDAQ’s air monitoring network includes sp ecial purpose monitors (SPM) for air toxics, mercury, wet deposition and meteorological stations. The annual monitoring network descrip tion, as provided for in 40 CFR Part 58.10, Annual monitoring network plan and periodic network assessment , must contain the following information for each monitoring station in the network: 1. The Air Quality System (AQS) site identification nu mber for existing stations. 2. The location, including the street address a nd geographical coordinates, for each monitoring station. 3. The sampling and analysis method used for each measured parameter.

## 4. The operating schedule for each monitor. 5. Any proposal to remove or move a monitoring st ation within a period of eighteen months following the plan submittal. 6. The monitoring objective and spatial scale of representativeness for each monitor. 7. The identification of any site that is suitable for comparison against the PM2.5 NAAQS. 8. The Metropolitan Statistical Area (MSA), Co re-Based Statistical Ar ea (CBSA), Combined Statistical Area (CSA) or other ar ea represented by the monitor. The following document constitutes the Kentucky ambi ent air monitoring networ k description and is organized into three main parts: (1) Station Description Format: An outline of the designations, parameters, monitoring methods, and the basis for site selection. (2) Network Summaries: Presenting the total number of sites and monitors in each region and for the state. Also included is a listing of all proposed changes to the current network. (3) Air Monitoring Station Description: Each air m onitor station is described in detail as per the outline in (1) above.

Modification to the network as dete rmined by an annual review proce ss will be made each year to maintain a current up-to-date network description document.

## STATION DESCRIPTION FORMAT AQS Site Identification Information Pertinent, specific siting information for each site a nd monitor is stored in the U.S. EPA’s AQS data system. This information includes the exact locat ion of the site, local and regional population, description of the site location, monitor types, and monitoring objectives. This site and monitor information is routinely updated whenever there is a change in site charac teristics or pollutants monitored. Network Station Description The network station descriptions contained in this document include the following information: 1. Site Description Specific information is provided to show the loca tion of the monitoring equi pment at the site, if the site is located in a CSA/MSA, the AQS iden tification number, the GPS coordinates, and that monitors and monitor probes c onform to the siting criteria.
2. Date Established The date when each existing monitoring station was established is shown in the description. For those stations, which are proposed, a date is provide d when it is expected for the station to be in operation. 3. Site Approval Status Each monitoring station in the existing netw ork has been reviewed with the purpose of determining whether it meets all design criteria for inclusion in the SLAMS network. Stations that do not meet the criteria will either be relo cated in the immediate areaor when possible, resited at the present location. 4. Monitoring Objectives The monitoring network was designed to provide information to be used as a basis for the following actions: (a) To determine compliance with ambient air qual ity standards and to plan measures to attain these standards. (b) To activate emergency control procedures in the event of an impe nding air pollution episode. (c) To observe pollution trends throughout a region including rura l areas and repor t progress made toward meeting ambient air quality standards. (d) To provide a database for the evaluation of th e effects of air quality on population, land use, and transportation planning; to pr ovide a database for the deve lopment and evaluation of air dispersion models.

## 5. Monitoring Stations’ Designations Most stations described in the air quality surv eillance network are designated as "SLAMS”. In addition, some of these stations fulfill other re quirements, which must be identified. In this description of the network, desi gnations are also made for Speci al Purpose Monitors (SPM), Emergency Episode Monitoring sites and Air Qual ity Index sites (AQI). The following is the criteria used for each of these designations.
SLAMS: Requirements for air quality surveillance systems provide for the establishment of a network of monitoring stations designated as State and Local Air Monitoring Stations (SLAMS) that measure ambient concentrations of pollutants for which standards have been established. These stations must meet requirements that relate to four major areas: quality assurance, monitoring methodology, sampling interv al, siting of instruments and instrument probes. EMERGENCY EPISODE MONITORING SITES (EPISODE): Regulations provide for the operation of at least one continuous SLAMS m onitor for each major pollutant in designated locations for emergency episode monitoring. These monitors are placed in areas of worst air quality and provide continual surv eillance during episode conditions. AIR QUALITY INDEX (AQI): Certain stations in the SLAMS network provide data for daily index reporting. Index reporting is required for all urban ar eas with a population exceeding 200,000. However, KYDAQ is providing this service to the general public from all areas where monitoring and attending staff are available. The AQI is a me thod of reporting that converts concentration levels of pollution to a simple number scale of 0-500. Intervals on the AQI scale are related to potential health effects of the daily measured concentrations of the major pollutants. KYDAQ prepares the Index twice daily for release to the public from the pollutant data reported from the Field Offices.
SPM: Not all monitors and monitoring stations in the air quality surveillance network are included in the SLAMS network. In order to a llow the capability of providing monitoring for complaint studies, modeling verifi cation and compliance status, ce rtain monitors are reserved for short-term studies and desi gnated as Special Purpose Monito rs (SPM). These monitors are not committed to any one location or for any sp ecified time period. They may be located as separate monitoring stations or be included at SLAMS locations. Monitoring data may be reported, provided that the monitors and stations conform to all requirements of the SLAMS network. 6. Monitoring Methods All sampling and analytical procedures used in the air-monitoring network conform to Federal reference (FRM), alternate (FAM ) or equivalent (FEM) methods. In case there is no federal method, procedures are described in the Kentucky Air Quality Monitoring and Quality Assurance Manuals. (a) Particulate Matter 10 microns in size (PM 10 

## )
All PM 10 

## samplers operated by the Division for Air Quality are certified as either FRM or FEM samplers and are operated according to the requir ements set forth in 40 CFR 50 and 40 CFR 53.

## Intermittent samplers collect a 24-hour sample every sixth day on 46.2mm PTFE filters. The filter is weighed before and after the sample run. The gain in weight in relation to the volume of air sampled is calculated in micrograms per cubic meter (ug/m 3 

## ). The PTFE filters are to be equilibrated before each weighing for a mini mum of 24 hours at a 20-23 degrees C mean temperature and a 30-40% mean relative humidity.
Continuous PM 10 

## samplers provide 24-hour samples daily for SLAMS reporting. During sampling, ambient air passes through an inlet de signed to pass only particles smaller than 10 microns in diameter. After exiting the inlet, th e sample stream is sent to a mass transducer. Inside the transducer the sample stream passes through a Teflon-co ated glass fibe r filter. This filter is weighed every two seconds. The differen ce between the current f ilter weight and the initial or installed weight gives the total mass of the collected particulate. The mass concentration is computed by dividing the total mass by the flow rate. Data is transmitted by telemetry for entry into the automated central data acquisition system. (b) Particulate Matter 2.5 microns in size (PM 2.5 

## ) With the exception of c ontinuous samplers, all PM 2.5 

## samplers operated by the Division for Air Quality are certified as either FRM or FEM sa mplers. All manual samplers are operated per the requirements set forth in 40 CFR 50, Appendi x L. Samples are collected on 46.2mm PTFE filters over a 24-hour sampling period. Air flow th rough the filter is to be maintained at 16.7 liters per minute. The flow rate must not vary more than +/-5% for five minutes over a 24-hour sample period at actual ambien t temperature and pressure. Samples must be retrieved within 177 hours of the end of the sample run and must be kept cool (4 degrees C or cooler) during transit to meet the thirty-day limit for re-weighing. The PTFE filters are to be equilibrated before each weighing for a minimum of 24 hours at a controlled atmosphere of 20-23 degrees C m ean temperature and 30-40% mean relative humidity. Filters must be used within thirty days of initial weighing. Filte rs must be re-weighed within thirty days of the end of the sample run and must be kept at 4 degrees C or cooler. The gain in weight in relation to the volume of air sampled is calculated in micrograms per cubic meter (ug/m 3 

## ).
Continuous PM 2.5 

## samplers provide 24-hour samples da ily for AQI reporting. During sampling, ambient air passes through an inle t and very sharp cut cyclone designed to pass only particles smaller than 2.5 microns in diameter. After exiting th e inlet, the sample stream is sent to a mass transducer. Inside the transducer the sample stream passes through a Teflon-coated glass fiber filter. This filter is weighed every two seconds . The difference between the current filter weight and the initial or installed weight gives the total mass of the collected particulate. The mass concentration is computed by divi ding the total mass by the flow rate. Another means of measuring PM 2.5 

## continuously is through be ta ray attenuation. During sampling, ambient air passes throug h an inlet and very sharp cut cyclone designed to pass only particles smaller than 2.5 microns in diameter. The sample is collected on filter tape as the air passes through the tape. The filter tape is then placed in between a beta source and a scintillation detector causing an attenua tion of the beta particle signal. Data is transmitted by telemetry for entry into the automated central data acquisition system.

## (c) PM 2.5 

## Speciation sampling and analysis In addition to operating PM 2.5 

## samplers that determine only PM 2.5 

## mass values, KYDAQ also operates PM 2.5 

## speciation samplers that collect sample s that are analyzed to determine the chemical makeup of PM 2.5 

## . Samples are collected on a set of three filters over a 24-hour sampling period. The individual filt ers are composed of different media in order to collect specific types of toxic pollutants. After collection, the samples are shipped in ice chests to an EPA contract laboratory for analysis. At the laboratory, the samples are anal yzed using optical and electron microscopy, thermal optical analysis, ion ch romatography and x-ray fluorescen ce to determine the presence and level of specific toxic compounds. Sample results are entered in the AQS data system. (d) Sulfur Dioxide Instruments used to continuously monitor sulfur dioxide levels in th e atmosphere employ the UV fluorescence and UV open path methods. The conti nuous data output from the instrument is transmitted by telemetry for entry into an automated central data system. Calibration of these instruments is done dynamica lly using certified gas mixtures containing a known concentration of sulfur dioxide gas. This gas is then diluted in a specially designed apparatus to give varying known concentrations of sulfur dioxi de. These known concentrations are supplied to the instruments, which are adjust ed so that instrument output corresponds with the specific concentrations. Calibration curves are prepared for each inst rument and each data point is automatically compared to this curve before entry into the data acquisition system. (e) Carbon Monoxide Continuous monitoring for carbon monoxide is perfor med by use of the non-dispersive infrared correlation method. Data is transm itted by telemetry for entry in an automated central data acquisition system.
Calibration of the instrument is performed periodically by using nitr ogen or zero air to establish the zero baseline and NIST or NIST traceable ga s mixtures of carbon monoxide in air. The span is checked daily using a certified mixture of compressed gas containing approximately 45 parts per million carbon monoxide.
(f) Ozone Ozone is monitored using the UV photometry an d UV open path methods. The continuous data output from the instrument is transmitted by teleme try for entry into an automated central data acquisition system. Monitors are calibrated routinely using an ozone generator, which is calibrated using the ultra violet photometry reference method. Calibration cu rves are prepared for each instrument and each data point is automatically compared to this curve before entry into the data acquisition system. (g) Nitrogen Dioxide

## The chemiluminescence and UV open path methods ar e used in monitoring the nitrogen dioxide level in the ambient air. The continuous data output from the instrument is transmitted by telemetry for entry into an automate d central data acquisition system.
Calibration of these instruments is done dynamically using NIST certi fied gas mixtures of nitric oxide. Through the use of dilution apparatus, va rying concentrations are produced and supplied to the monitors, thus producing a specific calib ration curve for each instrument. Each data point is automatically compared to this curve before entry into the data acquisition system. (h) Lead Lead concentrations are determined from the analysis of suspended particulates collected by high volume particulate samplers. Particulate sa mples are ashed to remove organic matter and acid extracted to dissolve the metals. The lead content is determined by the atomic absorption spectroscopy method or an appr oved Federal Equivalent Method. (i) Mercury Cold vapor atomic fluorescence spectrometry is used to determine elemental gaseous mercury in ambient air at sub-ng/m 3 

## levels. The analyzer uses a dual, ultra pure gold absurbent cartridge design that allows alternating desorption and sampling. The dual cartridge design results in continuous mercury sampling of the air stream. Th e continuous data output from the instrument is transmitted by telemetry for entry into an automated central data acquisition system. (j) Air Toxics Air toxics pollutants are determined in three categories: metals, vola tile organic compounds (VOC), and carbonyls. Metal samples are collected on 46.2 mm PTFE filte r over a 24-hour period similar to the PM 10 

## monitoring method. The filter is we ighed before and after the sample run. The gain in weight in relation to the volume of air sampled is used to calculate the concentration in micrograms per cubic meter (ug/m 3 

## ). The PTFE filter is to be equilibrated before each weighing for a minimum of 24 hours at a 20-23 degrees C mean temperature and a 30-40% mean relative humidity. The filter is then delivered to the Division for Environmental Program Support for inductively coupled plasma/mass spectrometer analysis to de termine the concentratio n of metals in ug/m 3



## . VOC samples are collected in a vacuum canister. Ambient air is pulled into the canister over a 24-hour sampling period. The sample is shippe d to the Division for Environmental Program Support for gas chromatography/mass spectrometer analysis. VOC concentrations determined in the sample are reported in ug/m 3



## . Carbonyl samples are collected on a DPNH cartrid ge. An ambient air stream flows through the cartridge at a (1) liter per mi nute flow rate for a 24-hour samp ling period. The cartridge is packed on ice and shipped to the Division for Environmental Program Support for highpressure liquid chromatography analysis. Carb onyl concentrations dete rmined in the sample are reported in ug/m 3



## .

## (k) Wet Deposition Acid precipitation monitoring st ations operate on a weekly sampling schedule. Cumulative precipitation events occurring during a seven-da y period are collected in one container to represent a one-week sample. An Aerochem pr ecipitation monitor and NCON monitors are used to collect the wet deposition samples. The principle of operation of the samplers is based on the use of a moisture sensor that activates an electrically driven movabl e container lid covering the “wet” container during dry periods and then is moved to uncover the “wet” container when precipitation occurs. The opening and closing of the lid for each precipitation event is indicated on a data logge r providing the time and date of each event. At the end of each weekly sampling period, the sample bag/bottle in the “wet” container is removed and a new sample bag/bottle is installed. The sample is th en analyzed at the Division for Environmental Program Supports’ laboratory. 7. Quality Assurance Status The Division for Air Quality has an extensive qua lity assurance program to ensure that all air monitoring data collected is accurate and prec ise. Staff members audit air monitors on a scheduled basis, including those operated by the Louisville Metro Air Pollution Control District, to ensure that each instrument is calib rated and operating properly. Data validation is performed monthly by verifying th e data reported by each instrument is recorded accurately in the computerized database. 8. Area Representativeness Each station in the monitoring network must be described in terms of the physical dimensions of the air parcel nearest the monitoring stati on throughout which actual po llutant concentrations are reasonably similar. Area dimensions or scal es of representativene ss used in the network description are: (a) Microscale - defines the concen tration in air volumes associated with area dimensions ranging from several meters up to about 100 meters. (b) Middle scale - defines the concentration typical of areas up to several city blocks in size with dimensions ranging from about 100 meters to 0.5 kilometers. (c) Neighborhood scale - defines th e concentrations within an ex tended area of a city that has relatively uniform land use with dimens ions in the 0.5 to 4.0 kilometers. (d) Urban scale - defines an overa ll citywide condition with dimens ions on the order of 4 to 50 kilometers. (e) Regional Scale - defines air qua lity levels over areas having di mensions of 50 to hundreds of kilometers. Closely associated with the area around the monito ring station where polluta nt concentrations are reasonably similar are the basic monitoring exposures of the station. There ar e four basic exposures included in this description: (a) To determine the highest concentrations exp ected to occur in the ar ea covered by the network.

## (b) To determine representative concentr ations in areas of high population density. (c) To determine the impact on ambient pollution le vels of significant sources or source categories. (d) To determine general ba ckground concentration levels. The design intent in siting stations is to correctly match the area di mensions represented by the sample of monitored air with the area dimensions most appropriate for the monitori ng objective of the station. The following relationship of the four basic obj ectives and the area of representativeness are appropriate when siting monitoring stations: Monitoring Exposures Siting Area Scale Highest concentration Micro, Middle, Neighborhood Population Neighborhood, Urban Source impact Micro, Middle, Neighborhood General/background Neighborhood, Regional Data Processing and Reporting All ambient air quality data are stored in a centralized server located at the 14 th 

## floor of the Capital Plaza Tower, the Energy and Environment Cabinet (EEC) headquarters in Fr ankfort, Kentucky. The server is backed up on tape nightly, weekly, and mont hly. The backup tape of the server is stored off site of the EEC headquarters a nd is cycled through use on a monthl y schedule. After each month of data has passed all quality assurance checks, the data is transmitted via telemetry to the U.S. EPA’s national data storage system known as AQS. Sta tistical data summaries are generated from this database and compiled to produce the Ambient Ai r Quality Annual Report. This report may be accessed at the KYDAQ website: http://www.air.ky.gov . The report is located under Public Information

.LMAPCDKYDAQAmbient Air Monitoring NetworkAIR MONITORING STATIONS SUMMARYMetropolitan StatisticalAreaNumberof SitesPM2.5PM10PMcoarseSO2NO2NOyCOO3Pb/MetalsHgWetDepVOCCarbonylSpeciationMETBowling Green, KY 2 4CT00 1 1 0 1 2 01 0 0 0 0 1Cincinnati-Middletown,OH-KY-IN 34T00 1 1 0 0 3 01 1 1 1 1 2Clarksville, TN-KY 1 100 0 0 0 0 1 00 0 0 0 0 0Elizabethtown, KY 13T00 0 0 0 0 1 00 0 0 0 0 0Evansville, IN-KY 1 2T10 1 0 0 0 1 00 0 0 0 0 0Huntington-Ashland,WV-KY-OH 3 2T2C**0 2 1 0 0 2 3C0 0 1 1 1 1Lexington-Fayette, KY 3 3T1**0 2 1 0 0 2 11 1 1 1 1 1Louisville-JeffersonCounty, KY-IN10 12CT4C**1 3 1 1 2500 0 0 0 1 3Owensboro, KY 22CT00 1 1 0 0 2 00 0 0 0 0 1Micorpolitan StatisticalAreaPaducah, KY-IL 4 2T10 2 1 0 0 2 01 1 1 0 0 1Somerset, KY 1 1T00 0 0 0 0 1 00 0 0 0 0 0Middlesborough, KY 1 100 0 0 0 0 1 00 0 0 0 0 1Richmond-Berea, KY 1 100 0 0 0 0 0 10 0 0 0 0 0Frankfort, KY 1 100 0 0 0 0 0 00 0 0 0 0 0Not in a MSACarter County1 12C0 0 0 0 0 1 2C1 2 2 2 1 1Marshall County 4 010 0 0 0 0 0 10 0 5 0 0 1Ohio County 1 2T1**0 0 0 0 0 0 11 1 0 0 0 1Perry County 1 1T00 0 0 0 0 1 00 0 0 0 0 1Pike County 1 3T00 0 0 0 0 1 00 0 0 0 0 0Simpson County1 000 0 0 0 0 1 00 0 0 0 0 1TOTALS434613113713271066115516C=Collocated monitors; D=Duplicate monitors; T= Continuous PM2.5 monitors or continuous PM10 monitors; **=Multiple analysis: PM10 Teflon filters used for PM10 monitoring, Metals monitoring and PMcoarse)Russell County 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0SUMMARY OF NETWORK CHANGES 2009MSA Summary:Cincinnati-Middletown,OH-KY-IN - NKU (21-037-3002)add PM2.5beta attenuation monitorElizabethtown, KY MSA–Elizabethtown(21-093-0006)add PM2.5collocated sampler moved from the Evansville, IN-KY MSA.Evansville, IN-KY MSA–Baskett(21-101-0014)remove the collocated PM2.5sampler and install a PM10sampler.Huntington-Ashland, WV-KY-OH MSA–Lockwood(21-019-0016)establish a site and add a source impact lead sampler.Not in a MSA Summary:Grayson, KY–Grayson Lake(21-043-0500)increase sampling frequency for the duplicate PM10from every twelfth day to every sixthday.Pikeville, KY – Pikeville(21-195-0002)increase sampling frequency for the duplicate PM2.5from every twelfth day to every sixth day.Richmond, KY–Richmond(21-151-0003)and add source impact lead sampler andcollocated source impact lead sampler.Russell Springs, KY-Salem Elementary (TBD)add source impact lead sampler.Somerset, KY - Somerset (21-199-0003)add PM2.5beta attenuation monitor

# Metropolitan Statistical Areas

# Bowling Green, KY

(Rev.5/23/08) AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-061-0501 Alfred Cook Road X(t) X X X X X X X (NPS) Mammoth Cave (Edmonson) 21-227-0008 Oakland School X(ctI) X(sI) Oakland (Warren) TOTAL 

### 4 0 1 1 1 2 0 1 1 0 0 0 1

(c) Collocated Monitor (I) Air Quality Index Monitor (s) Special Purpose Monitor (t) Continuous PM Monitor

## CSA/MSA: Bowling Green, KY MSA 401 KAR 50:020 Air Quality Region: South Central Kentucky Intrastate (105) Site Name: Oakland Primary AQS Site ID: 21-227-0008 Location: Oakland Elementary School, Oakland, KY 42159 County: Warren GPS Coordinates: 37.036667, -86.250556 Date Established: January 1, 2000 Inspection Date: December 4, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Oakland El ementary School in Oakland, Kentucky. The sample inlets are 200 feet from the nearest road. The most recent site inspection was conducted on December 4, 2008. Upon inspection, the sample inlets and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide levels of ozone and part iculate matter for daily index reporting.

Monitors:

Monitor Type Designation Analysis Method Frequency of Sampling

AEM Ozone SPM UV photometry Continuously AQI March 1 – October 31 PM 2.5 

### TEOM SPM AQI Tapered element oscillating microbalance, gravimetric Continuously Inlet Height (meters) 4

5
FEM PM 2.5 

### 5 SLAMS Gravimetric 24-hours every third day
- Collocated FRM PM 2.5 

### 5 SLAMS Gravimetric 24-hours every third day



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents population exposure on an urban scale for particulates. This site also represents maximum concentration on and urban scale for ozone.

Urban Scale

# Cincinnati-Middletown, OH-KY-IN

(Rev.6/30/09 AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-015-0003 KY 338 & Lower River Road X X East Bend (Boone)
21-037-3002 524A John’s Hill Road X(It) X(I) X X(Ie) X HG Highland Heights(Campbell) 21-117-0007 1401 Dixie Highway X(tIe) X(I) X X X X Covington (Kenton) TOTAL 

### 4 0 1 1 0 3 0 1 1 1 1 1 2

(e) Emergency Episode Monitor (I) Air Quality Index Monitor

(t) Continuous PM Monitor (s) Special Purpose

## CSA/MSA: Cincinnati-Middletow n-Wilmington, OH-KY-IN CSA/Cincinnati-Middletown, OH-KYIN MSA 401 KAR 50:020 Air Quality Region: Metropolitan Cincinnati (O hio) Interstate (079) Site Name: East Bend AQS Site ID: 21-015-0003 Location: KY 338 and Lower River Road, East Bend, KY 41005 County: Boone GPS Coordinates: 38.918056, -84.852778 Date Established: July 1, 1977 Inspection Date: November 4, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located at the intersection of KY 338 and Lower River Road in East Bend, Kentucky. The sample inlets are 50 feet from the nearest road. The most recent site inspection was conducted on November 4, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D and E.

Monitoring Objective: The monitoring objective is to determine compliance with National Ambient Air Quality Standards.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.3 SLAMS UV photometry Continuously AQI March 1 – October 31 Meteorological 5.5 Other AQM grade instruments for wind speed, wind direction, humidity, barometric pressure and temperature Continuously



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents background levels on an urban scale for ozone.

Urban Scale

## CSA/MSA: Cincinnati-Middletow n-Wilmington, OH-KY-IN CSA/Cincinnati-Middletown, OH-KYIN MSA 401 KAR 50:020 Air Quality Region: Metropolitan Cincinnati (O hio) Interstate (079) Site Name: Covington AQS Site ID: 21-117-0007 Location: University College, 1401 Di xie Hwy, Covington, KY 41011 County: Kenton GPS Coordinates: 39.072500, -84.525000 Date Established: August 22, 1975 Inspection Date: November 4, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network. The monitoring site is a stati onary equipment shelter located on the grounds of the Univer sity College in Covington, Kentucky. The sample inlets are 40 feet from the nearest road. The most recent site inspection was conducted on November 4, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to provide ozone, particulate and sulf ur dioxide levels for daily index reporting; and to detect elevated pollutant levels for activation of emerge ncy control procedures for particulates. Monitors:

Monitor Type Designation Analysis Method Frequency of Sampling

AEM Ozone SLAMS UV photometry Continuously AQI March 1 – October 31 FRM PM 2.5 

### SLAMS Gravimetric 24-hours every third day
PM 2.5 

### Speciation SLAMS Thermal optical, ion chromatography, and X-ray fluorescence 24-hours every sixth day

PM 2.5 

### TEOM SPM AQI EPISODE Tapered element oscillating microbalance, gravimetric Continuously

Volatile Organics Compound SPM EPA method TO-15 24-hours every sixth day Carbonyls SPM EPA method TO-11A 24-hours every sixth day Meteorological Other AQM grade instruments for wind speed, wind direction, humidity, barometric pressure and temperature Continuously Inlet Height (meters) 3.6

4.6
4.5

4.5

4.3

4.3 7.6

## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.
Area Representativeness: This site represents population exposure on a neighborhood scale for ozone and particulates.

Neighborhood Scale

## CSA/MSA: Cincinnati-Middletow n-Wilmington, OH-KY-IN CSA/Cincinnati-Middletown, OH-KYIN MSA 401 KAR 50:020 Air Quality Region: Metropolitan Cincinnati (O hio) Interstate (079) Site Name: Northern Kentucky University “NKU” AQS Site ID: 21-037-3002 Location: 524A John’s Hill Road, Highland Heights, KY 41076 County: Campbell GPS Coordinates: 39.02181, -84.47445 Date Established: August 1, 2007 Inspection Date: November 4, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network. The monitoring site is a stati onary equipment shelter located on farmland owned by the Northern Kentucky University in Highland Heights, Kentucky. The sample inlets are 72 feet from the nearest road, which is a dirt service drive for a radio tower. The most recent site inspection was conducted on November 4, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.
Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to provide ozone, particulate and sulf ur dioxide levels for daily index reporting; and to detect elevated pollutant levels for activation of emergency control procedures for ozone. Monitors:

Monitor Type Designation Analysis Method Frequency of Sampling

AEM Nitrogen Dioxide SLAMS Chemiluminescence Continuously
AEM Ozone SLAMS UV photometry Continuously AQI EPISODE March 1 – October 31
FRM PM 2.5 

### SLAMS Gravimetric 24-hours every third day
PM 2.5 

### BAM SPM AQI Beta Attenuation Mass Monitor Continuously
AEM Sulfur Dioxide SLAMS AQI UV fluorescence Continuously Mercury - ambient SPM Cold vapour atomic fluorescence spectrometry Continuously Mercury – Wet Deposition SPM Wet deposition collected, analysis of sample by the Environmental Services laboratory Weekly Inlet Height (meters)
3.8
3.8

4.6
4
3.9
3.7
1.5

Meteorological 1.5 Other Rain gauge Continuously

## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.
Area Representativeness: This site represents population exposure for nitrogen dioxide, ozone, sulfur dioxide and mercury on an urban scale. This site also represents population exposure on a neighborhood scale for particulate matter.

Urban Scale

Neighborhood Scale

# Clarksville, TN-KY

(Rev.5/23/08) AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-047-0006 10800 Pilot Rock Road X X Hopkinsville (Christian) TOTAL 

### 1 0 0 0 0 1 0 0 0 0 0 0 0

## CSA/MSA: Clarksville, TN- KY MSA 401 KAR 50:020 Air Quality Region: Paducah - Cairo Interstate (072) Site Name: Hopkinsville AQS Site ID: 21-047-0006 Location: 10800 Pilot Rock Road, Hopkinsville, KY 42240 County: Christian GPS Coordinates: 36.911667, -87.323611 Date Established: January 1, 1999 Inspection Date: December 18, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is on a platform in a field and a stationary equipment shelter ad jacent to a residence located at 10800 Pilot Rock Road in Hopkinsville, Kentucky. The sample inlet is 300 feet from the nearest road. The most recent site inspection was conducted on December 17, 2008. Upon inspection, the sample inlets and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D and E.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality standards and to determine levels of interstate transport of fine particulate matter.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.8 SLAMS UV photometry Continuously AQI March 1 – October 31 FEM PM 2.5 

### 3 SLAMS Gravimetric 24-hours every third day



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents population exposure on a regional scale.

Regional Scale

# Elizabethtown, KY

(Rev.5/20/09) AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-093-0006 801 N Miles St, Am Legion Park X(ct) X(s) Elizabethtown (Hardin) TOTAL 

### 3 0 0 0 0 1 0 0 0 0 0 0 0

(s) Special Purpose Monitor (t) Continuous PM Monitor (c) Continuous Monitor

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / Elizabethtown, KY MSA 401 KAR 50:020 Air Quality Region: North Central Kentucky Intrastate (104) Site Name: Elizabethtown AQS Site ID: 21-093-0006 Location: American Legion Park, 801 North M iles Street, Elizabethtown, KY 42701 County: Hardin GPS Coordinates: 37.706389, -85.851667 Date Established: February 24, 2000 Inspection Date: December 17, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.

The monitoring site is a stationary equipment shelter located near the tennis courts on the grounds of the American Legion Park in Elizabethtown, Kentucky. The sample inlets are 800 feet from the nearest road. The most recent site inspection was conducted on December 17, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G. Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide ozone and particulat e levels for daily index reporting.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.3 SPM UV photometry Continuously AQI March 1 – October 31 FEM PM 2.5 

### 4.5 SLAMS Gravimetric 24-hours every third day
- Collocated FEM PM 2.5 

### 4.5 SLAMS Gravimetric 24-hours every sixth day
PM 2.5 

### TEOM 4.2 SPM Tapered element oscillating microbalance, gravimetric Continuously AQI



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents populati on exposure on a neighborhood scale for particulates and population exposure on an urban scale for ozone.

Ozone Urban Scale

Particulates Neighborhood Scale

# Evansville, IN-KY

(Rev.5/20/09) AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-101-0014 Baskett Fire Department X(t) X X X(s) Baskett (Henderson) TOTAL 

### 2 1 1 0 0 1 0 0 0 0 0 0 0

(s) Special Purpose Monitor (t) Continuous PM Monitor

## CSA/MSA: Evansville, IN-KY MSA 401 KAR 50:020 Air Quality Region: Evansville-Owensboro-Henderson Interstate (077) Site Name: Baskett AQS Site ID: 21-101-0014 Location: Baskett Fire Department, Baskett, KY 42402 County: Henderson GPS Coordinates: 37.871389, -87.463333 Date Established: February 27, 1992 Inspection Date: December 18, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Baskett Fi re Department in Baskett, Kentucky. The sample inlets are 25 feet from the nearest road. The most recent site inspec tion was conducted on December 18, 2008 Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide ozone, particulate and sulfur dioxide levels for daily index reporting.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.3 SPM UV photometry Continuously AQI March 1 – October 31 FEM PM 2.5 

### 4.5 SLAMS Gravimetric 24-hours every third day
PM 2.5 

### TEOM 4.5 SPM Tapered element oscillating microbalance, gravimetric Continuously AQI FRM PM 10 

### 4.5 SLAMS Gravimetric 24-hours every sixth day AEM Sulfur Dioxide 4 SLAMS UV fluorescence Continuously AQI


## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents maximum concentration on an urban scale for ozone. This site also represents population exposure on a neighborhood scale fo r particulates and sulfur dioxide.
Neighborhood Scale

Ozone Urban Scale

# Huntington-Ashland, WV-KY-OH

(Rev.5/20/09) AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Pb/ Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-019-0002 21st & Greenup X(c) X(c) Ashland (Boyd)

21-019-0017 2924 Holt St, FIVCO Health Dept X(It) X(eI) X(e) X(eI) X(s) X(s) X(s) X Ashland (Boyd) 21-089-0007 Water Tower, Scott & Center Sts. X(s) X Worthington (Greenup) TOTAL 

### 2 2 2 1 0 2 3 0 0 1 1 1 1

(c) Collocated Monitor (e) Emergency Episode Monitor (I) Air Quality Index Monitor (s) Special Purpose Monitor (t) Continuous PM Monitor Catlettsburg (Boyd) 21-019-0016 18138 Cherry Wood X

## CSA/MSA: Huntington-Ashland, WV-KY-OH MSA 401 KAR 50:020 Air Quality Region: Huntington (WV)-Ashland (KY )-Portsmouth-Ironton (OH) Interstate (103) Site Name: Ashland - Greenup AQS Site ID: 21-019-0002 Location: 122 22 nd 

## Street, Ashland, KY 41101 County: Boyd GPS Coordinates: 38.478611, -82.631944 Date Established: April 2, 1978 Inspection Date: October 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network. The monitoring site is located on the west end of the roof of the Ashland Valvoline Oil complex building in Ashland, Kentucky. The building is one story tall. The sample inlets are 100 feet from the nearest road. The most recent site inspection was conducted on October 24, 2008. Upon inspection, the sample inlets and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D and E.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to measure concentrations of a sub-group of air toxics.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling

FRM PM 10 

### SLAMS Gravimetric 24-hours every sixth day
- Collocated FRM PM 10 

## SPM Gravimetric 24-hours every sixth day
- Metals PM 10 

### SPM Determined from the PM 10 

### sample using EPA method IO 3.4 Same as PM 10 

### Inlet Height (meters) 6.6
6.6

## Area Representativeness: The site represents maximum concentrations on a middle scale for particulates. This site also represents population exposure on a neighbor hood scale for air toxics.

Particulate Middle Scale

Air Toxics Neighborhood Scale

## CSA/MSA: Huntington-Ashland, WV-KY-OH MSA 401 KAR 50:020 Air Quality Region: Huntington (WV)-Ashland (KY )-Portsmouth-Ironton (OH) Interstate (103) Site Name: Lockwood AQS Site ID: 21-019-0016 Location: Catlettsburg, KY County: Boyd GPS Coordinates: To be determined Date Established: January 1, 2010 Inspection Date: Not Applicable Inspection By: Site Approval Status:

Calgon Carbon, located in Catlettsburg, Kentucky, was identified as a lead source emitting over 6 tons per year of actual reported emissions in 2007. In acco rdance with 40 CFR Part 58 Appendix D, a lead source monitoring site will be located in the Lockw ood Estates off U.S. 23 in Catlettsburg, Kentucky. The location of this source-oriented lead mo nitor was determined through the use of AERMOD modeling analysis. The model indicate d that majority of the source impa ct would be in West Virginia. However, the model indicated that Lockwood Estates was within the deposition boundary.
Monitoring Objective: The monitoring objective is to determine compliance with National Ambient Air Quality Standards.

Monitors:

Quality Assurance Status: All Quality Assurance procedures will be implem ented in accordance with 40 CFR 58, Appendix A. Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

FRM Lead SLAMS Gravimetric 24-hours every sixth day

## Area Representativeness: The site represents maximum concentrations , from a source, on a middle scale for lead.

## CSA/MSA: Huntington-Ashland, WV-KY-OH MSA 401 KAR 50:020 Air Quality Region: Huntington (WV)-Ashland (KY )-Portsmouth-Ironton (OH) Interstate (103) Site Name: Ashland Primary (FIVCO) AQS Site ID: 21-019-0017 Location: FIVCO Health Department, 2924 Holt Street, Ashland, KY 41101 County: Boyd GPS Coordinates: 38.459167, -82.640556 Date Established: January 1, 1999 Inspection Date: October 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network. The monitoring site is a stationary equipment shelter located on the grounds of the health department building in Ashland, Kentucky. The sample inlets are 240 feet from the nearest road. The most recent si te inspection was conducted on October 24, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to detect elevated pollutant levels for activation of emergency control procedures for nitrogen dioxide, ozone and sulfur dioxide; and to provide polluta nt levels for daily ai r quality index reporting.
Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Nitrogen Dioxide 4.3 SLAMS EPISODE Chemiluminescence Continuously
AEM Ozone 4.3 SLAMS AQI UV photometry Continuously March 1 – October 31 EPISODE FRM PM 2.5 

### 4.7 SLAMS Gravimetric 24-hours every third day PM 2.5 

### Speciation 4.6 SLAMS Thermal optical, ion chromatography, and X-ray fluorescence 24-hours every sixth day
PM 2.5 

### TEOM 4.7 SPM AQI Tapered element oscillating microbalance, gravimetric Continuously
AEM Sulfur Dioxide 4.3 SLAMS AQI EPISODE UV fluorescence Continuously

Volatile Organics Compound 4 SPM EPA method TO-15 24-hours every sixth day

## Area Representativeness: The site represents maximum concentrations on a middle scale for particulates. This site also represents population exposure on a neighbor hood scale for air toxics. Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

Carbonyls 3.8 SPM EPA method TO-11A 24-hours every sixth day Meteorological 7.7 Other AQM grade instruments for wind speed, wind direction, humidity, barometric pressure and temperature Continuously



## Criteria and Air Toxi cs Neighborhood Scale

Nitrogen Dioxide Urban Scale

## CSA/MSA: Huntington-Ashland, WV-KY-OH MSA 401 KAR 50:020 Air Quality Region: Huntington (WV)-Ashland (KY )-Portsmouth-Ironton (OH) Interstate (103) Site Name: Worthington AQS Site ID: 21-089-0007 Location: Scott Street and Center Avenue, Worthington, KY 41183 County: Greenup GPS Coordinates: 38.548333, -82.731667 Date Established: October 12, 1980 Inspection Date: October 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network. The monitoring site is a stationary equipment shelter located on the grounds of a water tower near the intersection of Scott Street and Center Avenue in Worthington, Kentucky. The sample inlets are 57 feet from the nearest road. The most recent site inspection was conducted on October 24, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to detect elevated pollutant levels for activation of emergency control procedures for nitrogen dioxide, ozone and sulfur dioxide; and to provide polluta nt levels for daily ai r quality index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

Monitor Type Designation Analysis Method Frequency of Sampling

AEM Ozone SLAMS UV photometry Continuously AQI March 1 – October 31 AEM Sulfur Dioxide SPM UV fluorescence Continuously Inlet Height (meters) 4.2

4.2

## Area Representativeness: This site represents population exposure on a neighborhood scale for ozone and sulfur dioxide.

Criteria Neighborhood Scale(Rev.6/30/09) 

# Lexington-Fayette, KY

AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET
21-067-0012 650 Newtown Pike X(t) X(eI) X(e) X (I e) X(s) X(s) X(s) Lexington (Fayette) 21-067-0014 533 South Limestone X X X(s) Lexington (Fayette) 21-113-0001 KY DOT Garage, US 27 Bypass X(s) X X HG X Nicholasville (Jessamine)
TOTAL 

### 3 1 2 1 0 2 1 1 1 1 1 1 1
(e) Emergency Episode Monitor (I) Air Quality Index Monitor (s) Special Purpose Monitor (t) Continuous PM Monitor

## CSA/MSA: Lexington-Fayette-Frankfort-Richmond, KY CSA / Lexington-Fayette, KY MSA 401 KAR 50:020 Air Quality Region: Bluegrass Intrastate (102) Site Name: Lexington Primary AQS Site ID: 21-067-0012 Location: Fayette County Health Departme nt, 650 Newtown Pike, Lexington, KY 40508 County: Fayette GPS Coordinates: 38.065000, -84.500000 Date Established: November 8, 1979 Inspection Date: December 5, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Fayett e County health department building in Lexington, Kentucky. The sample inlets are 385 feet from the nearest road. The most recent site inspection was conducted on December 5, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to detect elevated pollutant levels for activation of emergency control procedures for nitrogen dioxide, ozone and sulfur dioxide; and to provide polluta nt levels for daily ai r quality index reporting.
Monitors: Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

ARM Nitrogen Dioxide 4 SLAMS EPISODE Chemiluminescence Continuously
AEM Ozone 3.8 SLAMS AQI UV photometry Continuously
EPISODE March 1 – October 31 FEM PM 2.5 

### 4.6 SLAMS Gravimetric 24-hours every third day PM 2.5 

### Speciation 4.5 SLAMS Thermal optical, ion chromatography, and X-ray fluorescence 24-hours every sixth day
PM 2.5 

### TEOM 4.6 SPM AQI Tapered element oscillating microbalance, gravimetric Continuously
AEM Sulfur Dioxide 3.6 SLAMS AQI EPISODE UV fluorescence Continuously

Volatile Organics Compound 3.5 SPM EPA method TO-15 24-hours every sixth day Carbonyls 3.5 SPM EPA method TO-11A 24-hours every sixth day

## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.
Area Representativeness: This site represents population exposure on a nei ghborhood scale for particulat es, sulfur dioxide and ozone. This site also represents population expos ure on an urban scale for nitrogen dioxide and air toxics.

Radiation 4 RadNet RadNet fixed stationary monitor, manual and automated methods Continuously & 2 weekly filters



## Criteria Neighborhood Scale

Nitrogen Dioxide and Air Toxics Urban Scale

## CSA/MSA: Lexington-Fayette-Frankfort-Richmond, KY CSA / Lexington-Fayette, KY MSA 401 KAR 50:020 Air Quality Region: Bluegrass Intrastate (102) Site Name: U.K. Lexington AQS Site ID: 21-067-0014 Location: 533 South Limestone, Lexington, KY 40508 County: Fayette GPS Coordinates: 38.038889, -84.507500 Date Established: October 2, 1982 Inspection Date: December 5, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is located on the roof of the Whalen Transportation Research Building on the University of Kentucky campus in Lexington, Kentucky. The sample inlets are 60 feet from the nearest ro ad. The most recent site inspection was conducted on December 5, 2008. Upon inspection, the sample inlets and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D and E.

Monitoring Objective: The monitoring objectives are to determine complianc e with National Ambient Air Quality Standards.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

FRM PM 2.5 

### 11.2 SLAMS Gravimetric 24-hourd every third day FRM PM 10 

### 11 SLAMS Gravimetric 24-hourd every sixth day
- Metals PM 10 

### SPM Determined from the PM 10 

### sample using EPA method IO 3.4 Same as PM 10 

## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: The site represents population e xposure on a neig hborhood scale.
Criteria Neighborhood Scale

## CSA/MSA: Lexington-Fayette-Frankfort-Richmond, KY CSA / Lexington-Fayette, KY MSA 401 KAR 50:020 Air Quality Region: Bluegrass Intrastate (102) Site Name: Nicholasville AQS Site ID: 21-113-0001 Location: DOT Garage, US 27 Bypass, Nicholasville, KY 40356 County: Jessamine GPS Coordinates: 37.893333, -84.589167 Date Established: August 1, 1991 Inspection Date: December 5, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Kentucky DOT Garage in Nicholasville, Kentucky. The sample inlets are 372 feet from the nearest road. The most recent site inspection was conducted on December 5, 2008. Upon inspection, the sample inlets and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine compliance with National Ambient Air Quality Standards; to provide ozone data upwind of the Lexington area; a nd to provide pollutant levels for daily air quality index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.9 SLAMS UV photometry Continuously AQI March 1 – October 31 AEM Sulfur Dioxide 3.9 SPM AQI UV fluorescence Continuously Mercury - ambient 3.8 SPM Cold vapour atomic fluorescence spectrometry Continuously Mercury – Wet Deposition 1.5 SPM Wet deposition collected, analysis of sample by the Environmental Services laboratory Weekly

Meteorological 1.25 Other Rain gauge Continuously

## Area Representativeness: This site represents population exposure on an urban scale.

Criteria and Air T oxics Urban Scale

# Louisville-Jefferson County, KY-IN

(Rev. 5/21/09) Cannons Lane

AIRS ID ADDRESS PM2.5 PM10 SO2 NO2 CO O3 Metals Hg Wet Dep. VOC Carbonyl Speciation MET 21-029-0006 2nd & Carpenter Streets X X(I) X Shepherdsville (Bullitt) 21-185-0004 DOT Garage, 3995 Morgan Rd X(I) Buckner (Oldham)

21-111-0027 7601 Bardstown Road Xt(sI) X(I) Louisville (Jefferson) 21-111-0043 3621 Southern Avenue X(ctI) X(c) X Louisville (Jefferson) 21-111-0044 1032 Beecher Avenue X(I) X(tI) Louisville (Jefferson) 21-111-0051 7201 Watson Lane X(tsI) X(I) X(I) Louisville (Jefferson)

21-111-1019 1735 Bardstown Road X(I) Louisville (Jefferson) 21-111-1041 4201 Algonquin Parkway X(Ie) Louisville (Jefferson) TOTAL 

### 11 4 3 1 2 5 0 0 0 1 0 1 3

(c) Collocated Monitor (e) Emergency Episode Monitor (I) Air Quality Index Monitor (s) Special Purpose Monitor (t) Continuous PM Monitor Louisville (Jefferson) 21-111-0067 2730 Cannons Lane X(tI) X X(I) X(I) X(I) X(I) X X X

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: North Central Kentucky Intrastate (104) Site Name: Shepherdsville AQS Site ID: 21-029-0006 Location: Second and Carpenter Streets, Shepherdsville, KY 40165 County: Bullitt GPS Coordinates: 37.98556, -85.713056 Date Established: January 30, 1992 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located in a fenced in area near the inte rsection of Second and Carpenter Streets in Shepherdsville, Kentuc ky. The sample inlets are 70 feet from the nearest road. The most recent site inspection was conducted on November 24, 2008. Upon inspection, the sample lines and monitors were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide ozone levels for daily index reporting.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.3 SPM UV photometry Continuously AQI March 1 – October 31 FEM PM 2.5 

### 4.5 SLAMS Gravimetric 24-hourd every third day Meteorological 7.6 Other AQM grade instruments for wind speed, wind direction, humidity, barometric pressure and temperature Continuously



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents populati on exposure on a neighborhood scale for particulates and population exposure on an urban scale for ozone.
Particulates Neighborhood Scale

Ozone Urban Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: North Central Kentucky Intrastate (104) Site Name: Buckner AQS Site ID: 21-185-0004 Location: DOT Garage, 3995 Morgan Road, Buckner, KY 40010 County: Oldham GPS Coordinates: 38.398611, -85.443333 Date Established: May 1, 1981 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitor meet all design criteria for the monitoring network. The monitoring site is a stati onary equipment shelter located on the grounds of the Kentucky DOT Highway Garage in Buckner, Kentucky. The sample inlet is 250 feet from the nearest road. The most recen t site inspecti on was conducted on November 24, 2008. Upon inspection, the sample line and monitor were found to be in good condition. The site meets the requirements of 40 CFR 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide ozone levels for daily index reporting.

Monitors:

Monitor Type Inlet Height (meters) Designation Analysis Method Frequency of Sampling

AEM Ozone 3.3 SPM UV photometry Continuously AQI March 1 – October 31



## Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A.

## Area Representativeness: This site represents maximum c oncentrations on an urban scale.

Ozone Urban Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Bates Elementary AQS Site ID: 21-111-0027 Location: Bates Elementary, 7601 Bardstown Road, Louisville, KY 40291 County: Jefferson GPS Coordinates: 38.13784, -85.57648 Date Established: January 4, 1973 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Bates Elem entary School in Louisville, Kentucky. The sample inlets are 13 feet above ground level and 1000 feet from the nearest road. The most recent site inspection was conducted on November 24, 2008. The air monitoring site was found to be in accordance with 40 CFR Part 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide pollution levels for daily index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling

AEM Ozone SLAMS UV photometry Continuously AQI March 1 – October 31 PM 2.5 

### TEOM Other AQI Tapered element oscillating microbalance, gravimetric Continuously

## Area Representativeness: The site represents population ex posure on an urban scale for ozone. This site also represents population exposure on a neighborhood scale for fine particulates.
Ozone Urban Scale

Particulates Neighborhood Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Southwick Community Center AQS Site ID: 21-111-0043 Location: Southwick Community Center, 3621 S outhern Avenue, Louisville, KY 40211 County: Jefferson GPS Coordinates: 38.23319, -85.81566 Date Established: July 1, 1983 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is located on the roof of the Southwick Community Center in Louisville, Kentucky. The sample inlets are 16 feet above ground level and 200 feet from the nearest road. The most recent site inspection was conducted on November 24, 2008. The air monitoring site was found to be in accordance with 40 CFR Part 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide pollution levels for daily index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling PM 10 

### TEOM AQI Tapered element oscillating microbalance, gravimetric Continuously

- Collocated PM 10 

### TEOM AQI Tapered element oscillating microbalance, gravimetric Continuously

FRM PM 2.5 

### SLAMS Gravimetric 24-hours everyday - Collocated FRM PM 2.5 

### Other Gravimetric 24-hours every sixth day

PM 2.5 

### TEOM Other AQI Tapered element oscillating microbalance, gravimetric Continuously Meteorological Other AQM grade instruments for wind speed, wind direction, humidity, barometric pressure, rainfall and temperature Continuously

## Area Representativeness: This site represents population exposure on a neighbor hood scale for particulates.

Neighborhood Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Wyandotte Park AQS Site ID: 21-111-0044 Location: Wyandotte Park, 1032 Beecher Avenue, Louisville, KY 40215 County: Jefferson GPS Coordinates: 38.19113, -85.77935 Date Established: September 1, 1983 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is located on the roof of the recreation building at Wyandotte Park in Louisville, Kentucky. The sample inlets are 16 feet above ground level and 150 feet from the nearest road. The most recent site inspection was conducted on November 24, 2008. The air monitoring site was found to be in accordance with 40 CFR Part 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide pollution levels for daily index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling

PM 10 

### TEOM AQI Tapered element oscillating microbalance, gravimetric Continuously

FRM PM 2.5 

### SLAMS Gravimetric 24-hours everyday

## Area Representativeness: The site represents population exposure on a ne ighborhood scale. Neighborhood Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Watson Lane AQS Site ID: 21-111-0051 Location: Watson Lane School, 7201 Watson Lane, Louisville, KY 40272 County: Jefferson GPS Coordinates: 38.06091, -85.89804 Date Established: July 16, 1992 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitors meet all design criteria for the monitoring network.
The monitoring site is a stationary equipment shelter located on the grounds of the Watson Lane Elementary School in Louisville, Kentucky. The sample inlets are 13 feet above ground level and 125 feet from the nearest road. The most recent site inspection was c onducted on November 24, 2008. The air monitoring site was found to be in accordance with 40 CFR Part 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide pollution levels for daily index reporting.

Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling AEM Ozone SLAMS UV photometry Continuously AQI March 1 – October 31 FRM PM 2.5 

### Other Gravimetric 24-hours every sixth day
PM 2.5 

### TEOM Other AQI Tapered element oscillating microbalance, gravimetric Continuously

AEM Sulfur Dioxide SLAMS AQI UV fluorescence Continuously

## Area Representativeness: This site represents population exposure on a neighborhood scale. Neighborhood Scale

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Cannons Lane AQS Site ID: 21-111-0067 Location: 2730 Cannons Lane, Louisville, KY 40204 County: Jefferson GPS Coordinates: 38.22883, -85.6544 Date Established: January 1, 2009 Inspection Date: April 17, 2008 (KYDAQ), December 9, 2008 (US EPA) Inspection By: Andrea P. Keatley (KYDAQ), Richard Gu illot and Jerry Burger (US EPA) Site Approval Status: EPA SLAMS approval on December 22, 2008, NCORE approval is pending

The station is located on property leased by LMAPCD. The property was used as a Vehicle Emissions Testing (VET) center but is now used primarily for storage. The location is in the NE quadran t of Jefferson County and is approximately 9 km from the urban core of Metro Louisville.

Monitoring Objective:
The NCore Network addresses th e following monitoring objectives:

• timely reporting of data to the public through AIRNow, air quality forecasting, and other public reporting mechanisms • support development of emission strategies th rough air quality model evaluation and other observational methods • accountability of emission strate gy progress through tr acking long-term trends of criteria and non-criteria pollutant s and their precursors • support long-term health assessments that co ntribute to ongoing reviews of the National Ambient Air Quality Standards (NAAQS) • compliance through establishing nonattainment/attainment ar eas by comparison with the NAAQS • support multiple disciplines of scientific rese arch, including public health, atmospheric and ecological

## Monitors:

* Pending EPA designation



### Monitor Type Designations Analysis Method Frequency of Sampling Startup Date Carbon Monoxide (CO) NCore AQI Automated Referenc e Method* utilizing trace level non-dispersive infrared analysis. Continuously 01/01/2010

Nitrogen Oxide (NO x 

### ) NCore AQI Automated Reference Method utilizing chemiluminescence analysis. Continuously 01/01/2010 Ozone (O 3 

### ) NCore AQI Automated Equivalent Method utilizing UV photometry analysis. Continuously 01/01/2010
Sulfur Dioxide (SO 2 

### ) NCore AQI Automated Equivalent Method utilizing trace level UV fluorescence analysis Continuously 01/01/2010
Total Reactive Nitrogen (NO/ NO y 

### ) NCore Automated method utilizing trace level chemiluminescence analysis. Continuously 01/01/2011

PM 2.5 

### Filter NCore Manual Reference Method utilizing gravimetric analysis. 1/3 days 01/01/2009

PM 2.5 

### Continuous NCore AQI Automated Equivalent Method* utilizing T apered E lement O scillating M icrobalance/gravimetric analysis Continuously 01/01/2009

PM 2.5 

### Speciation NCore Multi-species manual collection method utilizing thermal optical, ion chromatography, gravimetric, and X-ray fluorescence analyses. 1/6 days
1/3 days 01/01/2009

01/01/2011 PM 10c 

### Filter NCore Manual Reference Method* PM 10c 

### utilizing differential gravimetric analysis. 1/3 days 01/01/2009

PM 10-2.5 

### Speciation NCore Method pending 1/3 days Requirement under review Meteorological NCore Air Quality Measurements approved instrumentation for wind speed, wind direction, humidity, temperature, rainfall, and solar radiation Continuously 07/01/2009

Lead SLAMS Manual Reference Method TSP Sampler, Analytical method to be determined. 1/6 01/01/2011

Radiation RadNet RadNet fixed station air monitor, manual and automated methods Continuously + 2 weekly filters 01/01/2009

Volatile Organic Compounds SPM EPA Compendium Method TO-15 utilizing Summa ® 

### passivated canisters 1/12 02/10/2009

## Area Representativeness: Quality Assurance Status: All Quality Assurance procedures shall be implem ented in accordance with 40 CFR 58, Appendix A. The District’s current Quality Assurance Project Plan covers PM 2.5 

## , Ozone, NOx, SO 2 

## , CO, PM 2.5 

## Speciation, and meteorological measurements. The Qua lity Assurance Project Pl an will be revised to include trace level measurements and lead. Standard operating procedures manuals will be adopted or developed for new instrumentation.

Pollutant Spatial Scale Comments Ozone Neighborhood and Urban Scale Use 10 km NO x 

### /NO y 

### Neighborhood and Urban Scale Use 10 km Carbon Monoxide Neighborhood Scale There is no Urban scale for CO SO 2 

### Neighborhood Scale There is no Urban scale for SO 2 

### PM 10 

### /PM 2.5 

### /Lead Urban Radiation Urban VOCs Neighborhood 

## Ozone, PM 2.5 

## , PM 10 

## , and NO x 

## urban scale (50 km)

## CO neighborhood scale (4 km)

## CSA/MSA: Louisville-Jefferson County-El izabethtown-Scottsburg, KY-IN CSA / LouisvilleJefferson, KY-IN MSA 401 KAR 50:020 Air Quality Region: Louisville Interstate (078) Site Name: Fire Station 20 AQS Site ID: 21-111-1019 Location: Fire Station 20, 1735 Bardstow n Road, Louisville, KY 40205 County: Jefferson GPS Coordinates: 38.229, -85.7018 Date Established: January 1, 1973 Inspection Date: November 24, 2008 Inspection By: Andrea P. Keatley Site Approval Status: Site and monitor meet all design criteria for the monitoring network.
The monitoring site is located at Fire Station Number 20 on Bardstown Road in Louisville, Kentucky. The sample inlet is 10 feet above ground level and 13 feet from the nearest road. The most recent site inspection was conduc ted on November 24, 2008. The air monitoring site was found to be in accordance with 40 CFR Part 58, Appendices C, D, E and G.

Monitoring Objective: The monitoring objectives are to determine complia nce with National Ambient Air Quality Standards and to provide pollution levels for daily index reporting.
Monitors:

Quality Assurance Status: All Quality Assurance procedures have been impl emented in accordance with 40 CFR 58, Appendix A. Monitor Type Designation Analysis Method Frequency of Sampling ARM Carbon Monoxide SLAMS AQI Non-dispersive infrared Continuously