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1 EO12866_2008 O3 NAAQS CSAPR Update 2060 AS05 NPRM FRN_20150928

For the reasons stated in the preamble, parts 5 2 , 78, and 97 of chapter I of title 40 of the Code of Federal Regulations

are proposed to be amended as follows: PART 52 —

APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1 . The authority citation for part 52 continues to read as
follows: Authority: 42 U.S.C. 7401 et seq . §§ 52.38, 52.39, 52.54, 52.55, 52.184, 52.540, 52.584, 52.585, 52.731, 52.732, 52.789, 52.790, 52.840, 52.841, 52.882, 52.883, 52.940, 52.941, 52.984, 52.1084, 52.1085, 52.1186, 52.1187, 52.1240, 52.1241, 52.1284, 52.1326, 52.1327, 52.1428, 52.1429, 52.1584, 52.1585, 52.1684, 52.1685, 52.1784, 52.1785, 52.1882, 52.1883, 52. 1930, 52.2040, 52. 2041, 52.2140, 52.2141, 52.2240, 52.2241, 52.2283, 52.2284, 52.2440, 52.2441, 52.2540, 52.2541, 52.2587, and 52.2588 [Amended]
2
. Sections 52.38, 52.39, 52.54, 52.55, 52.184, 52.540, 52.584, 52.585, 52.731, 52.732, 52.789, 52.790, 52.840, 52.841, 52.882, 52.883, 52.940, 52.941, 52.984, 52.1084, 52.1085, 52.1186, 52.1187, 52.1240, 52.1241, 52.1284, 52.1326, 52.1327, 52.1428, 52.1429, 52.1584, 52.1585, 52.1684, 52.1685, 52.1784, 52.1785, 52.1882, 52.1883, 52.1930, 52.2040, 52.2041, 52.2140, 52.2141, 52.2240, 52.2241, 52.2283, 52.2284, 52.2440, 52.2441,*** E.O. 12866 Review

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2 52.2540, 52.2541, 52.2587, and 52.2588 are amended by removing “TR Federal Implementation Plan ” wherever it appears and adding in its place “CSAPR Federal Implementation Plan ”, by removing “TR NO X ” wherever it appears and adding in its place “CSAPR NO X ”, and by removing “TR SO 2 ” wherever it appears and adding in its place “CSAPR SO 2 ”. §§ 52.540, 52.840, 52.841, 52.882, 52.883, 52.984, 52.1186, 52.1187, 52.1240, 52.1241, 52.1284, 52.1428, 52.1429, 52.1684, 52.168 5, 52.1784, 52.1785, 52.2140, 52.2141, 52.2283, 52.2284, 52.2587, and 52.2588 [Amended] 3
. Sections 52.540, 52.840, 52.841, 52.882, 52.883, 52.984, 52.1186, 52.1187, 52.1240, 52.1241, 52.1284, 52.1428, 52.1429, 52.1684, 52.1685, 52.1784, 52.1785, 52.2140, 52.2141, 52.2283, 52.2284, 52.2587, and 52.2588 are amended by removing

“ correcting in part the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan” wherever it appears and adding in its place “correcting the SIP’s deficiency that is the basis for the CSAPR Federal Implementation Plan”
. Subpart A

— General Provisions § 52.36 [Amended]
4 . Section 52.36 is amended in paragraph (e)(1)(i) by removing “paragraphs (a) through (e)” and adding in its place “paragraphs (a) through (c)”. 5
. Section 52.38 is amended:*** E.O. 12866 Review

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3 a. By revising t he section heading;
b . In paragraph (a)(2), by removing “the sources in the following States” and adding in its place “ sources in each of the following States”;

c . In paragraph (a)(3)(ii), by adding “the” before “ CSAPR
NO X Annual trading budget” ; d. In paragraph (a)(3)(v)(A), by removing “paragraph” and adding in its place “paragraphs”;

e . In the table in paragraph (a)(4)(i)(B) , b y removing “annual” and adding in its place “Annual” , and b y removing “administrator” and adding in its place “the Administrator”;
f . In paragraph (a)(4)(ii), by removing “for the first control period” and adding in its place “applicable to the first control period”; g. In paragraph (a)(5) introductory text, by removing “in whole or in part, as appropriate,” , and by removing “paragraphs (a)(1) through (4) of this section” and adding in its place “paragraphs (a)(1) through (4) of this section with regard to sources in the State but not sources in any Indian countr y within the borders of the State” ; h . In the table in paragraph (a)(5)(i)(B), by removing “annual” and adding in its place “Annual”, and by removing “administrator” and adding in its place “the Administrator”;*** E.O. 12866 Review

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4 i . In paragraph (a)(5)(iv), by adding after “97.412(b)” the words “of this chapter”; j . In paragraph (a) (5)(v), by removing “97.425, and ” and adding in its place “and 97.425 of this chapter and ”, and by adding after “ other provisions ” the words “ of subpart AAAAA of part 97 of this chapter”;
k . In paragraph (a)(5)(vi), by removing “paragraphs (a)(5)(i) and (ii)” and adding in its place “paragraph (a)(5)(i)”;
l . In paragraph (a)(6), by removing “in whole or in part, as appropriate,”, by removing “ described in paragraphs (a)(1) through (5)” and addi ng in its place “ set forth in paragraphs (a)(1) through (4)” , and by removing “the sources” and adding in its place “ sources” ;

m . In paragraph (a)(7), by removing “a State” and adding in its place “the State”;

n . In paragraph (b)(1), by adding “subpart BBBBB of” before “part 97” ;

o . By revising paragraph (b)(2);
p . By redesignating paragraph (b)(3) as paragraph (b)(3)(i) ; in redesignated paragraph (b)(3)(i), by further redesignating paragraphs (i) through (v) as paragraphs (A) through ( E); and in redesignated paragraph (b)(3)(i)(E), by*** E.O. 12866 Review

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5 further redesignating paragraphs (A) and (B) as paragraphs ( 1 ) and ( 2 );
q . In redesignated paragraph (b)(3)(i) introductory text, by removing “paragraph (b)(2)” and adding in its place “paragraph (b)(2)( i) or (ii)”;

r . In redesignated paragraph (b)(3)(i)(B), by adding “the” before “ CSAPR NO X Ozone Season trading budget”;

s . In redesignated paragraph (b)(3)(i)(E)( 1 ), by removing “paragraph (b)(3)(i) through (iv)” and adding in its place “paragraphs (b)(3)(i)(A) through (D)”;
t . In redesignated paragraph (b)(3)(i)(E)( 2 ), by removing “paragraph (b)(3)(v)(A)” and adding in its place “paragraph (b)(3)(i)(E)( 1 )”;

u . By adding a new paragraph (b)(3)(ii);

v . In paragraph (b)(4) introductory text, by removing “paragraph (b)(2)” and adding in its place “paragraph (b)(2)(ii) or (iii)”;

w . In paragraph (b)(4)(i), by removing “§§” and adding in its place “§”, by adding after “chapter” the words “w ith regard to the State”, and by removing “whenever” and ad ding in its place “wherever”;

x . By revising paragraph (b)(4)(ii) introductory text;
y . In paragraph (b)(4)(ii)(B), by revising the table;*** E.O. 12866 Review

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6 z . In paragraph (b)(5) introductory text, by removing “paragraph (b)(2)” and adding in its place “paragraph (b)(2)(ii) or (iii)” , by removing “in whole or in part, as appropriate,”,
and by removing “paragraphs (b)(1) through (4) of this section” and adding in its place “paragraphs (b)(1) through (4) of this section with regard to sources in the State but not sou rces in any Indian country within the borders of the State”;

aa . In paragraph (b)(5)(i), by removing “§§ ” and adding in its place “§”, by adding after “chapter” the words “ with regard to the State”, and by removing “whenever” and adding in its place “wher ever”; bb
. By revising paragraph (b)(5)(ii) introductory text;

cc . In paragraph (b)(5)(ii)(B) , by removing “auction of
CSAPR ” and adding in its place “ auctions of CSAPR ” , and by revising the table;
dd . In paragraph (b)(5)(ii)(C), by removing “any control period” and adding in its place “ any such control period ” ;

ee . In paragraph (b)(5)(iii), by adding a comma after “May adopt”;
ff . In paragraph (b)(5)(v), by adding after “97.512(b)” the words “of this chapter”;
gg . In paragraph (b) (5)(vi), by removing “97.525, and” and adding in its place “and 97.525 of this chapter and ”, and by*** E.O. 12866 Review

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7 adding after “ other provisions ” the words “ of subpart BBBBB of part 97 of this chapter”;
hh
. In paragraph (b)(5)(vii) , by removing “paragraph (b)(5)(i) through (v)” and adding in its place “paragraph (b)(5)(i) or (ii) of this section and paragraphs (b)(5)(iii) through (v)”, by removing “paragraphs (5)(ii)(B) and (C)” and adding in its place “paragraphs (b)(5)(ii)(B) and (C)”, and by removing “paragraphs ( b)(5)(ii) and (iii)” and adding in its place “paragraph (b)(5)(i) or (ii)” ; ii . In paragraph (b)(6), by removing “in whole or in part, as appropriate,”, and by removing “paragraphs (b)(1) through (5)” and adding in its place “paragraphs (b)(1) through (4) ”; and jj . In paragraph (b)(7), by removing “a State” and adding in its place “the State”;
to read as follows: § 52.38 What are the requirements of the Federal Implementation Plans (FIPs) for the Cross - State Air Pollution Rule ( CSAPR ) relating to emissions of nitrogen oxides?
* * * * * (b) * * * (2) The provisions of subpart BBBBB of part 97 of this chapter apply to sources in each of the following States and*** E.O. 12866 Review

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8 Indian country located within the borders of such States with regard to emissions in the following years: (i) With regard to emissions in 2015 and 2016 only, Florida and South Carolina; (ii) With regard to emissions in 2015 and each subsequent year, Alabama, Arkansas, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisian a, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin; and (iii) With regard to emissions in 2017 and each subsequent year, Kansas. (3) * * * (ii) Notwithstanding the provisions of paragraph (b)(1) of this section, a State other than Georgia listed in paragraph (b)(2)(ii) or (iii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NO X Ozone Season allowance allocation provisions replacing the provisions in § 97.511(a) of this chapter with regard to the State and the control period in 2018, a list of CSAPR NO X Ozone Season units and the amount of CSAPR NO X Ozone Season allowances alloca ted to each unit on such list, provided that the list of units and allocations meets the following requirements:*** E.O. 12866 Review

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9 (A) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2015; (B) The total amount of CSAPR NO X Ozone Season allowance allocations on the list must not exceed the amount, under § 97.510(a) of this chapter for the State and the control period in 2018, of the CSAPR NO X Ozone Season trading budget minus the sum of the new unit set

- a side and Indian country new unit set

aside; (C) The list must be submitted electronically in a format specified by the Administrator; and (D) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter; (E) Provided that: ( 1 ) By November 15, 2016, the State must notify the
Ad ministrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraph s (b)(3)(ii)(A) through (D) of this section by April 1, 2017; and*** E.O. 12866 Review

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10 ( 2 ) The State must submit to the Administrator a complete SIP revision described in paragraph (b)(3)(ii)(E)( 1 ) of this section by April 1, 2017. (4) * * * (ii) The State may adopt, as CSAPR NO X Ozone Season allowance allocation or auction provisions repla cing the provisions in § § 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year or, for Kansas, 2019 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NO X Ozone Season allowances and may adopt, in addition to the definitions in § 97.502 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NO X Ozone Season allowance all ocation or auction provisions, if such methodology

— * * * * * (B) * * * Year of the control period for which CSAPR NO X Ozone Season allowances are allocated or

auctioned Deadline for submission of allocations or auction results to the Administrator
2017 November 1, 2016. 2018 November 1, 2016. 2019 June 1, 2018. 2020 June 1, 2018. 2021 June 1, 2019. 2022 June 1, 2019.*** E.O. 12866 Review

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11 2023 and any year thereafter June 1 of the fourth year before the year of the control

period.
* * * * * (5) * * * (ii) May adopt, as CSAPR NO X Ozone Season allowance allocation provisions replacing the provisions in § § 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the State and the control period in 2019 or any subsequent year or, for Georgia, 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NO X Ozone Season allowances and that

— * * * * * (B) * * * Year of the control period for which CSAPR NO X Ozone Season allowances are allocated or

auctioned Deadline for submission of allocations or auction results to the Administrator
2017 November 1, 2016. 2018 November 1, 2016. 2019 June 1, 2018. 2020 June 1, 2018. 2021 June 1, 2019. 2022 June 1, 2019. 2023 and any year thereafter June 1 of the fourth year before the year of the control

period.
* * * * **** E.O. 12866 Review

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12 § 52.39 What are the requirements of the Federal Implementation Plans (FIPs) for the Cross - State Air Pollution Rule (CSAPR) relating to emissions of sulfur dioxide? 6 . Section 52.3 9 is amended: a. By revising the section heading as set forth above ; b . In paragraph ( d )( 2 ), by adding “the” before “ CSAPR SO 2 Group 1 trading budget”;

c . In paragraph (d)(5)(i), by removing “paragraph” and adding in its place “paragraphs”;
d . In paragraph (e)(1) introductory text, by adding after “with regard to ” the words “the State and ”;

e . In paragraph (e)(1)(ii) , by removing “auction of CSAPR ” and adding in its place “auctions of CSAPR ” , and by removing in
the table “administrator” and adding in its place “the Administrator”; f. In paragraph (f) introductory text, by removing “in whole or in part, as appropriate,”, and by removing “paragraphs (a), (b), (d), and (e) of this section” and adding in its place “paragraphs (a), (b), (d), and (e) of this section with regard to sources in the State but not sources in any Indian country wi thin the borders of the State”;
g . In paragraph (f)(1) introductory text, by adding after “with regard to” the words “the State and”, and by removing “and*** E.O. 12866 Review

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13 any subsequent year” and adding in its place “or any subsequent year”;
h . In paragraph (f)(1)(i), by removing “for such control period” and adding in its place “ for any such control period ” ; i . In paragraph (f)(1)(ii), by removing “auction of CSAPR ” and adding in its place “auctions of CSAPR ” , and by removing in
the table “administrator” and adding in its place “the Administrator”; j . In paragraph (f)(1)(iv), by removing “paragraphs (f)(2)(ii) and (iii)” and adding in its place “paragraphs (f)(1)(ii) and (iii)”;
k . In paragraph (f)(4), by adding after “97.612(b)” the words “of this chapter”;
l . In pa ragraph (f)(5), by removing “97.625, and” and adding in its place “and 97.625 of this chapter and ”, and by adding after “ other provisions ” the words “ of subpart CCCCC of part 97 of this chapter”;

m . In paragraph (f)(6), by removing “ hold an auction under paragraph (f)(1)(ii) and (iii)” and adding in its place “ hold an auction under paragraph (f)(1)”;

n . In paragraph (g) introductory text, by adding after “with regard to” the words “ the State and”;

o . In paragraph (g)(2 ), by adding “the” before “ CSAPR SO 2 Group 2 trading budget” ;*** E.O. 12866 Review

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14 p . In paragraph (g)(5)(i), by removing “paragraph” and adding in its place “paragraphs”;
q . In paragraph (h)(1) introductory text, by adding after “with regard to” the words “the State and”, and by removing “and any subsequent year” and adding in its place “or any subsequent year”;

r . In paragraph (h)(1)(ii), by removing “auction of CSAPR ” and adding in its place “auctions of CSAPR ” , and by removing in
the table “administrator” and adding in its place “the Administrator”;

s . I n paragraph (h)(2), by removing “ hold an auction under paragraph (h)(1)(ii) and (iii)” and adding in its place “ hold an auction under paragraph (h)(1)”;
t . In paragraph (i) introductory text, by removing “in whole or in part, as appropriate,”, and by remo ving “paragraphs (a), (c), (g), and (h) of this section” and adding in its place “paragraphs (a), (c), (g), and (h) of this section with regard to sources in the State but not sources in any Indian country within the borders of the State”;

u . In paragraph (i)(1) introductory text, by adding after “with regard to” the words “the State and”, and by removing “and any subsequent year” and adding in its place “or any subsequent year”;*** E.O. 12866 Review

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15 v . In paragraph (i)(1)(ii), by removing “auction of CSAPR ” and adding in its place “auctions of CSAPR ” , and by removing in
the table “administrator” and adding in its place “the Administrator”;

w . In paragraph (i)(4), by adding after “97.712(b)” the words “of this chapter”;

x . In paragraph (i)(5), by removing “97.725, and” and

a dding in its place “and 97.725 of this chapter and ”, and by adding after “ other provisions ” the words “of subpart DDDDD of part 97 of this chapter”;
y . In paragraph (i)(6), by removing “ hold an auction under paragraphs (i)(1)(ii) and (iii)” and adding in its place “ hold

an auction under paragraph (i)(1)”;

z . In paragraph (j), by removing “in whole or in part, as appropriate,”, by adding after “ CSAPR Federal Implementation Plan” the words “set forth in paragraphs (a), (b), (d), and (e) of this section or paragraphs (a), (c), (g), and (h) of this section, as applicable ”, and by removing “paragraph (b) and (c)” and adding in its place “paragr aph (b) or (c)”; and

aa . In paragraph (k), by removing “a State” and adding in its place “the State”
. Subpart B

— Alabama § 52.54 [Amended]*** E.O. 12866 Review

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16 7 . Section 52.54 is amended in paragraph (b)(2) by removing “the” before “Alabama’s SIP revision”. Subpart K

— Florida 8
. Section 52.540 is amended by adding a new paragraph (c)
to read as follows : § 52.540 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
* * * * * (c) Notwithstanding paragraph (a) of this section, no source or unit located in the State of Florida or Indian country within the borders of the State shall be required under paragraph (a) of this section to comply with the requirements
set forth under the CSAPR NO X Ozone Season Tradin g Program in subpart BBBBB of part 97 of this chapter with regard to emissions after 2016. Subpart R

— Kansas 9 . Section 52.882 is amended by revising paragraph (b) to
read as follows: § 52.882 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
* * * * **** E.O. 12866 Review

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17 (b)(1) The owner and operator of each source and each unit located in the State of Kansas and Indian country within the borders of the State and for which requireme nts are set forth under the CSAPR NO X Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be elimina ted by the promulgation of an approval by the Administrator of a revision to Kansas' State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.38(b), except to the extent the
A dministrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the A dministrator of a revision to Kansas' SIP. (2) Notwithstanding the provisions of paragraph (b)(1) of this section, if, at the time of the approval of Kansas' SIP revision described in paragraph (b)(1) of this section, the Administrator has already started recording any allocations of
CSAPR NO X Ozone Season allowances under subpart BBBBB of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart BBBBB of part 97 of this chapter authorizing the Administrator to complete the allocation*** E.O. 12866 Review

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18 and recordation of CSAPR NO X Ozone Season allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision. Subpart X

— Michigan § 52.1187 [Amended]
1 0 . Section 52.1187 is amended in paragraph (c)(2) by removing “Maryland’s SIP revision” and adding in its place “Michigan’s SIP revision”. Subpart PP

— South Carolina
1 1 . Section 52.2140 is amended by adding a new paragraph (b)(3) to rea d as follows: § 52. 21 40 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
* * * * * (b) * * * ( 3 ) Notwithstanding paragraph ( b ) (1) of this section, no source or unit loca ted in the State of South Carolina or Indian country within the borders of the State shall be required under paragraph ( b ) (1) of this section to comply with the requirements set forth under the CSAPR NO X Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter with regard to emissions after 2016.*** E.O. 12866 Review

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19 PART 78 —

APPEAL PROCEDURES
1 2 . The authority citation for part 78 continues to read as
follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, and 7651, et seq . §§ 78.1 and 78.4 [Amended]
1 3 . Sections 78.1 and 78.4 are amended by removing “TR NO X ” wherever it appears and adding in its place “CSAPR NO X ”, and by removing “TR SO 2 ” wherever it appears a nd adding in its place

“ CSAPR SO 2 ”
. 1 4
. Section 78.1 is amended :

a . In paragraph (a)(1) , b y adding after “part 97 of this chapter” the words “or State regulations approved under § 52.38(a)(4) or (5) or (b)(4) or (5) of this chapter or § 52.39(e), (f), (h), or (i) of this chapter” , and b y adding a

new third sentence at the end of the paragraph ; b . By adding a new paragraph (b)(14)(viii); and

c . I n paragraphs (b)(16)(ii) , (iii), and (v), by removing

“ SO 2 Group 1” and adding in its place “ SO 2 Group 2” ; to read as follows : § 78.1 Purpose and s cope . (a)(1) * * * All references in paragraph (b) of this section and in § 78.3 to subpart AAAAA of part 97 of this chapter, subpart BBBBB of part 97 of this chapter, subpart CCCCC*** E.O. 12866 Review

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20 of part 97 of this chapter, and subpart DDDDD of part 97 of this chapter shall be read to include the comparable provisions in State regulations approved under § 52.38(a)(4) or (5) of this chapter, § 52.38(b)(4) or (5) of this chapter, § 52.39(e) or (f)
of this chapter, and § 52.39(h) or (i) of this chapter, respectively.
* * * * * (b) * * * (14) * * * (viii) The determination of the tonnage equivalent of a
CSAPR NO X Ozone Season allowance under § 97.524(f) of this chapter.
* * * * * § 78.4 [Amended]
1 5
. Section 78.4 is amended in paragraph (a)(1) (i) by removing “a affected ” and adding in its place “ an affected ” , b y adding “or” before “ CSAPR SO 2 Group 2 unit” , and b y re moving “, or a unit for which a TR opt

- in application is submitted and not withdrawn”. PART 97 — FEDERAL NO X BUDGET TRADING PROGRAM, CAIR NO X AND SO 2 TRADING PROGRAMS, AND CSAPR NO X AND SO 2 TRADING PROGRAMS
1 6 . The heading of part 97 is revised to read as set forth
above.*** E.O. 12866 Review

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21 1 7 . The authority citation for part 97 continues to read as
follows: Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7601, and 7651, et seq . §§ 97.401 through 97.735 [Amended]
1 8 . Sections 97.401 through 97.735 are amended by removing “Transport Rule (TR) “ wherever it appears and adding in its place “ Cross

- State Air Pollution Rule (CSAPR)”, by removing “TR
NO X ” wherever it appears and adding in its place “CSAPR NO X ”, and by removing “ TR SO 2 ” wherever it appears and adding in its place “CSAPR SO 2 ”. Subpart AAAAA

— CSAPR NO X Annual Trading Program 19 . The heading of subpart AAAAA is revised to read as set
forth above. § 97.402 [Amended]
2 0
. Section 97.402 is amended: a. By re locating all definitions beginning with “ CSAPR ” to their alphabetical locations in the list of definitions ; b . In the definition of “ Cogeneration system ”, by removing “steam turbine generator” and adding in its place “generator”;

c . In the definition of “ Commence commercial operation ”, in paragraph (2) introductory text, by adding after “defined in” the word “the” ;*** E.O. 12866 Review

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22 d . In the definition of “ CSAPR NO X Annual allowances held or hold TR NO 4 Annual allowances ”, by removing “ TR NO 4 ” and adding in its place “ CSAPR NO X ”;

e . In the definition of “ CSAPR SO 2 Group 2 Trading Program ”, by removing “52.39(a)” and a dding in its place “§ 52.39(a)”;
f . In the definition of “ Fossil fuel ”, by removing “§§” and adding in its place §”;
g . In the definition of “ Owner ”, by removing the paragraph designat or “ 3)” and adding in its place the paragraph designat or “(3)” ; and
h . In the definition of “ Sequential use of energy ”, in paragraph (2), by adding after “from” the word “a”
. § 97.404 [Amended]
2 1 . Section 97.40 4 is amended in paragraph (b)(2)(ii) by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(2)(i)”. § 97. 4 06 [Amended]
2 2 . Section 97.406 is amended in the heading of paragraph (c)(4) by adding “ CSAPR NO X Annual” before “allowances ”. § 97.410 State NO X Annual trading budgets, new unit set - asides, Indian country new unit set - asides, and variability limits.
2 3 . Section 97.410 is amended :

a . By revising the heading as set forth above;*** E.O. 12866 Review

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23 b. By removing “NO X annual trading budget” wherever it appears and adding in its place “NO X Annual trading budget”;

c . By removing “NO X annual new unit set

- aside” wherever it appears and adding in its place “new unit set

- aside”;
d . By removing “NO X annual Indian country ne w unit set

aside” wherever it appears and adding in its place “Indian country new unit set

- aside”;

e . By removing “NO X annual variability limit” wherever it appears and adding in its place “variability limit”;
f . In paragraph (a) introductory text, by re moving “new unit

- set aside” and adding in its place “new unit set

- aside”;
g . B y adding and reserving paragraphs (a)(11)(vi) and (a)(16)(vi); and
h
. in paragraph (c) , by adding after “Each” the word “State”, by removing “identified”, and by removing “set aside” wherever it appears and adding in its place “set

- aside”. § 97.411 [Amended]
2 4 . Section 97.411 is amended : a. I n paragraph s (b)(1)(iii) and (b)(2)(iii) , by adding after “November 30 of” the word “the”; b. In paragraph (c)(1)(ii), by removing “ § 52.38(a)(3), (4), or (5)” and adding in its place “ § 52.38(a)(4) or (5)”;

c. In paragraph (c)(5)(i)(B), by adding after

“ § 52.38(a)(4) or (5)” the words “of this chapter” ;*** E.O. 12866 Review

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24 d . In paragraph (c)(5)(ii) introductory text , by removing “of this paragraph” and adding in its place “of this section”; e. In paragraph (c)(5)(ii)(B), by adding after “§ 52.38(a)(4) or (5)” the words “of this chapter”; and f. In paragraph (c)(5)(iii), by removing “of this paragraph” and adding in its place “of this section”. § 97.412 [Amended]
2 5 . Section 97.412 is amended :

a . In paragraph (a)(2), by removing “§§” and adding in its place “§”; b. In paragraph (a)(4)(i), by removing “paragraph (a)(1)(i) through (iii)” and adding in its place “paragraphs (a)(1)(i) through (iii)”;

c . In paragraph (a)(4)(ii), by adding after “paragraph (a)(4)(i)” the words “of this section”;
d
. I n paragraph (a)(9)(i) , by adding after “November 30 of”
the word “the”;

e . In paragraph (b)(4)(ii), by adding after “paragraph (b)(4)(i)” the words “of this s ection”; f. In paragraph (b)(9)(i), by adding after “November 30 of” the word “the”; and
g . In paragraph (b)(10)(ii), by adding after “ § 52.38(a)(4) or (5)” the words “of this chapter”. § 97.421 [Amended]*** E.O. 12866 Review

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25 2 6 . Section 97.421 is amended : a. In paragraphs (c), (d), and (e), by removing “period” and adding in its place “periods”; and
b. I n paragraph (j) , by removing “the date” and adding in its place “the date 15 days after the date”. § 97.425 [Amended]
2 7 . Section 97.425 is amended :

a . In paragraph (b)( 2)(iii) introductory text, by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(1)(ii)”;
b . In paragraph (b)(2)(iii)(B), by adding “the calculations incorporating” before “any adjustments” ;

c . In paragraph (b)(4)(i), by removing “the” before “them” ; and d . I n paragraph (b)(6)(iii)(B) , by removing after “appropriate” the word “at”
. § 97.426 [Amended]
2 8 . Section 97.426 is amended in paragraph (b) by removing

“ 97.427, or 97.428” and adding in its place “§ 97.427, or § 97.428”
. § 97.428 [Amended] 29 . Section 97.428 is amended in paragraph (b) by removing “paragraph (a)(1)” and adding in its place “paragraph (a)”. § 97.430 [Amended]*** E.O. 12866 Review

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26 3 0 . Section 97.430 is amended :

a. In paragraph (b) introductory text, by adding after “operator” the words “of a CSAPR NO X Annual unit”, by adding “the later of” before “the following dates” each time it appears , and by removing the final period and adding in its place a colon; b. By removing paragraphs (b)(1) and (b)(2) introductory text; c. By redes ignating paragraphs (b)(2)(i) and (ii) as paragraphs (b)(1) and (2); d. In redesignated paragraph (b)(2), by removing the final semicolon and adding in its place a period;

e . I n paragraph (b)(3) introductory text by removing “ §§” and adding in its place “§”; and
f . In paragraph (b)(3)(iii), by adding after “§ 75.66” the words “of this chapter”. § 97.431 [Amended] 3 1 . Section 97.431 is amended in paragraph (d)(3) introductory text by removing “§§” and adding in its place “§”. § 97.434 [Amended] 3 2
. Section 97.434 is amended : a. I n paragraph (b) by adding “the” before “requirements”; b. In paragraph (d) (1) introductory text, by removing “the CSAPR” and adding in its place “a CSAPR”, and by adding “the later of” before the final colon;*** E.O. 12866 Review

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27 c. In paragraph (d)(1) (i) , by removing “For a unit that commences commercial operation before July 1, 2014, the” and adding in its place “The”; and d. In paragraph (d)( 1 ) (ii) , by removing “For a unit that commences commercial operation on or after July 1, 2014, the”
and a dding in its place “The”, and by removing “ , unless that quarter is the third or fourth quarter of 2014, in which case reporting shall commence in the quarter covering January 1, 2015 through March 31, 2015”. Subpart BBBBB

— CSAPR NO X Ozone Season Trading Pr ogram 3 3 . The heading of subpart BBBBB is revised to read as set
forth above. 3 4 . Section 97.502 is amended: a. By relocating all definitions beginning with “ CSAPR ” to their alphabetical locations in the list of definitions;
b . In the definition of “ Cogeneration system ”, by removing “steam turbine generator” and adding in its place “generator”;

c . In the definition of “ Commence commercial operation ”, in paragraph (2) introductory text, by adding after “defined in”
the word “the”; d . By revising the definitions of “ CSAPR NO X Ozone Season allowance ” and “ CSAPR NO X Ozone Season emissions limitation ”;*** E.O. 12866 Review

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28 e . In the definitions of “ CSAPR SO 2 Group 1 Trading Program ” and “ CSAPR SO 2 Group 2 Trading Program ”, by removing “52.39(a)” and adding in in its place “§ 52.39(a)”;
f . In the definition of “ Fossil fuel ”, by removing “§§” and adding in its place §”;
g . In the definition of “ Sequential use of energy ”, in paragraph (2), by a dding after “from” the word “a”; and
h . By adding , in alphabetical order, a new definition of

“ Tonnage equivalent ”; to read as follows: § 97.502 Definitions.
* * * * *
CSAPR NO X Ozone Season allowance means a limited authorization under the CSAPR NO X Ozone Season Trading Program issued and allocated or auctioned to a CSAPR NO X Ozone Season unit in a State (or Indian country within the borders of such State) by the Administrator under this subpart, or by the State or permitting authority under a SIP re vision approved by the Administrator under § 52.38(b)(3), (4), or (5) of this chapter, to emit either: (1) O ne ton of NO X in the State (or Indian country located within the borders of such State) during a control period of the specified calendar year for which the authorization is allocated or auctioned ; or*** E.O. 12866 Review

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29 (2) A s determined under § 97.524(f), up to one ton of NO X in
anothe r State (or Indian country located within the borders of
another State) or during a control period after the specified calendar year for which the authorization is allocated or auctioned
. * * * * *
CSAPR NO X Ozone Season emissions limitation mean s, for a
CSAPR NO X Ozone Season source, the tonnage of NO X emissions authorized in a control period in a given year by the tonnage equivalent of CSAPR NO X Ozone Season allowances available for deduction for the source under § 97.524(a) for such control period.
* * * * * Tonnage equivalent means, with regard to a specific individual CSAPR NO X Ozone Season allowance held or deducted for an identified purpose, the portion of one ton represented by the
CSAPR NO X Ozone Season allowance as determined under § 97.524(f) or, with regard to a specific group of CSAPR NO X Ozone Season allowances held or deducted for a common identified purpose, the unrounded sum of the tonnage equivalents of the individual CSAPR
NO X Ozone Season allowances comprising the gr oup. * * * * * § 97.504 [Amended]*** E.O. 12866 Review

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30 3 5 . Section 97.504 is amended i n paragraph (b)(2)(ii) by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(2)(i)”, and by removing “ TR NOX" and adding in its place “ CSAPR NO X ”. 3 6 . Section 97.506 is amended:

a. By revising paragraphs (c)(1) (i) and (ii)(A) , (c)(2)(i) introductory text , and (c)(2) (v)(B) ; b. By redesignating paragraph (c)(3)(i) as (c)(3)(i)(A) , and by revising the redesignated paragraph ;

c . By adding a new paragraph (c)(3)( i )(B); d . In the heading of paragraph (c)(4), by adding “ CSAPR NO X Ozone Season” before “allowances”; and

e . In paragraph (c)(6) introductory text , by revising the first sentence after the paragraph heading ; to read as follows: § 97.506 Standard requirements.
* * * * * (c) * * * (1) * * * ( i) As of the allowance transfer deadline for a control period in a given year, the owners and operators of each CSAPR
NO X Ozone Season source and each CSAPR NO X Ozone Season unit at the source shall hold, in the source's compliance account, a tonnage equivalent of CSAPR NO X Ozone Season allowances available*** E.O. 12866 Review

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31 for deduction for such control period under § 97.524(a) not less
than the tons of total NO X emissions for s uch control period from
all CSAPR NO X Ozone Season units at the source. (ii) * * * (A) The owners and operators of the source and each CSAPR
NO X Ozone Season unit at the source shall hold the tonnage equivalent of CSAPR NO X Ozone Season allowances req uired for deduction under § 97.524(d); and
* * * * * (2) * * * (i) If total NO X emissions during a control period in a given year from all CSAPR NO X Ozone Season units at CSAPR NO X Ozone Season sources in a State (and Indian country within the borders of such State) exceed the State assurance level, then the owners and operators of such sources and units in each group of one or more sources and units having a common designated representative for such control period, where the common designated r epresentative's share of such NO X emissions during such control period exceeds the common designated representative's assurance level for the State and such control period, shall hold (in the assurance account established for the owners and operators of su ch group) a tonnage equivalent of
CSAPR NO X Ozone Season allowances available for deduction for such control period under § 97.525(a) not less than two times*** E.O. 12866 Review

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32 the product (rounded to the nearest whole number), as determined by the Administrator in accordanc e with § 97.525(b), of multiplying

— * * * * * (v) * * * (B) Each ton of the tonnage equivalent of CSAPR NO X Ozone Season allowances that the owners and operators fail to hold for such control period in accordance with paragraphs (c)(2)(i ) through (iii) of this section and each day of such control period shall constitute a separate violation of this subpart and the Clean Air Act. (3) * * * (i)(A) Except as provided in paragraph (c)(3)(i)(B) of this section, a CSAPR NO X Ozone Season un it shall be subject to the requirements under paragraph (c)(1) of this section for the control period starting on the later of May 1, 2015 or the deadline for meeting the unit's monitor certification requirements under § 97.530(b) and for each control peri od thereafter. (B) A CSAPR NO X Ozone Season unit in the State of Kansas (or Indian country within the borders of the State) that is not a
CSAPR NO X Ozone Season unit in another State (or Indian country within the borders of another State) during any portion of a control period in 2015 or 2016 shall be subject to the*** E.O. 12866 Review

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33 requirements under paragraph (c)(1) of this section for the control period starting on the later of May 1, 2017 or the deadline for meeting the unit's monitor certification requirement s under § 97.530(b) and for each control period
thereafter.
* * * * * (6) * * * A CSAPR NO X Ozone Season allowance is a limited authorization to emit up to one ton of NO X during the control period in one year as determined under § 97.524(f). *
* *
* * * * * 3 7 . Section 97.510 is revised to read as follows: § 97.510 State NO X Ozone Season trading budgets, new unit set asides, Indian country new unit set - aside s , and variability limits. (a) The State NO X Ozone Season trading budgets, new unit
set

- asides, and Indian country new unit set

- asides for allocations of CSAPR NO X Ozone Season allowances for the control periods in 2015 and thereafter are as follows: (1) Alabama . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 31,746 tons. (ii) The new unit set

- aside for 2015 and 2016 is 635 tons. (iii) [Reserved]*** E.O. 12866 Review

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34 (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 9,979 tons. (v) The new unit set

- aside for 2017 and therea fter is 20 5
tons. (vi) [Reserved] (2) Arkansas . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 15,110 tons. (ii) The new unit set

- aside for 2015 and 2016 is 756 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 6, 949 tons. (v) The new unit set

- aside for 2017 and thereafter is 1 41
tons. (vi) [Reserved] (3) Florida . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 28,644 tons. (ii) The new unit set

- aside for 2015 and 2016 is 544 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 29 tons. (iv) [Reserved] (v) [Reserved] (vi) [Reserved] (4) Georgia . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 27,944 tons.*** E.O. 12866 Review

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35 (ii) The new unit set

- aside for 2015 and 2016 is 559 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 24,041 tons. (v) The new unit set

- aside for 2017 and thereafter is 481
tons. (vi) [Reserved] (5) Illinois . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 21,208 tons. (ii) The new unit set

- aside for 2015 and 2016 is 1,697
tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 12,0 78 tons. (v) The new unit set

- aside for 2017 and the reafter is 5 91
tons. (vi) [Reserved] (6) Indiana
. (i) The NO X Ozone Season trading budget for 2015 and 2016 is 46,876 tons. (ii) The new unit set

- aside for 2015 and 2016 is 1,406
tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 28,284 tons.*** E.O. 12866 Review

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36 (v) The new unit set

- aside for 2017 and thereafter is 56 5
tons. (vi) [Reserved] (7) Iowa . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 16,532 tons. (ii) The new unit set

- aside for 2015 and 2016 is 314 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 17 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 8,351 tons. (v) The new unit set

- aside for 2017 and thereafter is 411
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 8 tons. (8) Kansas . (i) [Reserved] (ii) [Reserved] (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 9,272 tons. (v) The new unit set

- aside for 2017 and thereafter is 272
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 9 tons.*** E.O. 12866 Review

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37 (9) Kentucky . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 36,167 tons. (ii) The new unit set

- aside for 2015 and 2016 is 1,447
tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 21,519 tons. (v) The new unit set

- aside for 2017 and thereafter is 647
tons. (vi) [Reserved] (10) Louisiana . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 18,115 tons. (ii) The new unit set

- aside for 2015 and 2016 is 344 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 18 tons. (iv) The NO X Ozone Season trading budget for 2017 and ther eafter is 15, 807 tons. (v) The new unit set

- aside for 2017 and thereafter is 612
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 16 tons. (11) Maryland . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 7,179 tons. (ii) The new unit set

- aside for 2015 and 2016 is 144 tons.*** E.O. 12866 Review

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38 (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 4,026 tons. (v) The new unit set

- aside for 2017 and thereafter is 485
tons. (vi) [Reserved] (12) Michigan . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 28,041 tons. (ii) The new unit set

- aside for 2015 and 2016 is 533 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 28 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 19,115 tons. (v) The new unit set

- aside for 2017 and thereafter is 3 63
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 1 9 tons. (13) Mississippi . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 12,429 tons. (ii) The new unit set

- aside for 2015 and 2016 is 237 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 12 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 5, 910 tons.*** E.O. 12866 Review

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39 (v) The new unit set

- aside for 2017 and thereafter is 584
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 6 tons. (14) Missouri . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 22,788 tons. (ii) The new unit set

- aside for 2015 is 684 tons and for 2016 is 1,367 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 1 5,323 tons. (v) The new unit set

- aside for 2017 and thereafter is 314
tons. (vi) [Reserved] (15) New Jersey . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 4,128 tons. (ii) The new unit set

- aside for 2015 and 2016 is 83 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 2,015 tons. (v) The new unit set

- aside for 2017 and thereafter is 1,151
tons. (vi) [Reserved]*** E.O. 12866 Review

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40 (16) New York . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 10,369 tons. (ii) The new unit set

- aside for 2015 and 2016 is 197 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 10 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 4,450 tons. (v) The new unit set

- aside for 2017 and thereafter is 8 9
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 4 tons. (17) North Carolina . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 22,168 tons. (ii) The new unit set

- aside for 2015 and 2016 is 1,308
tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 22 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 12,275 tons. (v) The new unit set

- aside for 2017 and thereafter is 23 6
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 12 tons.*** E.O. 12866 Review

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41 (18) Ohio . (i) The NO X Ozone Season tradin g budget for 2015 and 2016 is 41,284 tons. (ii) The new unit set

- aside for 2015 and 2016 is 826 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 16,660 tons. (v) The new unit set

- aside for 2017 and thereafter is 33 7
tons. (vi) [Reserved] (19) Oklahoma . (i) The NO X Ozone Season trading budget for 2015 is 36,567 tons and for 2016 is 22,694 tons. (ii) The new unit set

- aside for 2015 is 731 tons and for 2016 is 454 tons. (iii) [Reserved ] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 16,215 tons. (v) The new unit set

- aside for 2017 and thereafter is 3 09
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 1 6 tons. (20) Pennsylvania . (i ) The NO X Ozone Season trading budget for 2015 and 2016 is 52,201 tons. (ii) The new unit set

- aside for 2015 and 2016 is 1,044
tons.*** E.O. 12866 Review

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42 (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 14,387 tons. (v) The new unit set

- aside for 2017 and thereafter is 1,017
tons. (vi) [Reserved] (21) South Carolina . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 13,909 tons. (ii) The new unit set

- aside for 2015 and 2016 is 264 tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 14 tons. (iv) [Reserved] (v) [Reserved] (vi) [Reserved] (22) Tennessee . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 14,908 tons. (ii) The new unit set

- aside for 2015 and 2016 is 298 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 5,481 tons. (v) The new unit set

- aside for 2017 and thereafter is 1 09
tons. (vi) [Reserved]*** E.O. 12866 Review

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43 (23) Texas . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 65,560 tons. (ii) The new unit set

- aside for 2015 and 2016 is 2,556
tons. (iii) The Indian country new unit set

- aside for 2015 and 2016 is 66 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 5 8,002 tons. (v) The new unit set

- aside for 2017 and thereafter is 2, 852
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 58 tons. (24) Virginia . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 14,452 tons. (ii) The new unit set

- aside for 2015 and 2016 is 723 tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 6,818 tons. (v) The new unit set

- aside for 2017 and thereafter is 1, 844
tons. (vi) [Reserved] (25) West Vir ginia . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 25,283 tons.*** E.O. 12866 Review

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44 (ii) The n ew unit set

- aside for 2015 and 2016 is 1,264
tons. (iii) [Reserved] (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 13,390 tons. (v) The new unit set

- aside for 2017 and thereafter is 268
tons. (vi) [Reserved] (26) Wisconsin . (i) The NO X Ozone Season trading budget for 2015 and 2016 is 14,784 tons. (ii) The new unit set

- aside for 2015 and 2016 is 872 tons. (iii) The Indian country new unit s et

- aside for 2015 and 2016 is 15 tons. (iv) The NO X Ozone Season trading budget for 2017 and thereafter is 5,561 tons. (v) The new unit set

- aside for 2017 and thereafter is 1 1 5
tons. (vi) The Indian country new unit set

- aside for 2017 and thereafter is 6 tons. (b) The States' variability limits for the State NO X Ozone Season trading budgets for the control periods in 2017 and thereafter are as follows: (1) The variability limit for Alabama is 2,096 tons. (2) The variability limit for Arkansas is 1,449 tons.*** E.O. 12866 Review

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45 (3) [Reserved] (4) The variability limit for Georgia is 5,049 tons. (5) The variability limit for Illinois is 2,534 tons. (6) The variability limit for Indiana is 5,940 tons. (7) The variability limit for Iowa is 1,754 tons. (8) The variability limit for Kansas is 1,947 tons. (9) The variability limit for Kentucky is 4,064 tons. (10) The variability limit for Louisiana is 3,316 tons. (11) The variability limit for Maryland is 454 tons. (12) The variability limit for Michigan is 3, 629 tons. (13) The variability limit for Mississippi is 1,241 tons. (14) The variability limit for Missouri is 2,964 tons. (15) The variability limit for New Jersey is 423 tons. (16) The variability limit for New York is 935 tons. (17) The variability limit for North Carolina is 2,578
tons. (18) The variability limit for Ohio is 3,499 tons. (19) The variability limit for Oklahoma is 3,580 tons. (20) The variability limit for Pennsylvania is 3,021 tons. (21) [Reserved] (22) The variability limit fo r Tennessee is 1,151 tons. (23) The variability limit for Texas is 12,174 tons. (24) The variability limit for Virginia is 1,432 tons. (25) The variability limit for West Virginia is 2,812 tons.*** E.O. 12866 Review

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46 (26) The variability limit for Wisconsin is 1,168 tons. (c) Each State NO X Ozone Season trading budget in this section includes any tons in a new unit set

- aside or Indian country new unit set

- aside , but does not include any tons in a variability limit. 3 8 . Section 97.511 is amended:
a. In paragraphs (b)( 1)(iii) and (b)(2)(iii) , by adding
after “August 31 of” the word “the”; b. In paragraph (b)(2)(iv)(B), by adding a paragraph break
after the end of the second sentence and before the paragraph designator “(v)” for the following paragraph (b)(2)(v);

c . In paragraph (c)(1)(ii), by removing “ § 52.38(b)(3), (4), or (5)” and adding in its place “ § 52.38(b)(4) or (5)”, and by removing “January 1” and adding in its place “May 1”;
d
. By revising paragraph (c)(3) ;

e . In paragraph (c)(5)(i)(B), by adding after

“ § 52.38(b)(4) or (5)” the words “of this chapter” ; f . In paragraph (c)(5)(ii) introductory text , by removing “of this paragraph” and adding in its place “of this section”; g. In paragraph (c)(5)(ii)(B), by adding after “§ 52.38(b)(4) or (5)” the words “of this chapter”; and h. In paragraph (c)(5)(iii), by removing “of this paragraph” and adding in its place “of this section”;
to read as follows:*** E.O. 12866 Review

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47 § 97.511 Timing requirements for CSAPR NO X Ozone Season allowance allocations.
* * * * * (c) * * * (3) If the Administrator already recorded such CSAPR NO X Ozone Season allowances under § 97.521 and if the Administrator makes the determination under paragraph (c)(1) of this section before making deductions for the source that includes such recipient u nder § 97.524(b) for such control period, then the Administrator will deduct from the account in which such CSAPR
NO X Ozone Season allowances were recorded a tonnage equivalent of
CSAPR NO X Ozone Season allowances allocated for the same or a prior control period not less than the tonnage equivalent of such already recorded CSAPR NO X Ozone Season allowances. The authorized account representative shall ensure that there is a sufficient tonnage equivalent of CSAPR NO X Ozone Season allowances in such account for completion of the deduction.
* * * * * 39 . Section 97.512 is amended :

a. By revising paragraph (a) introductory text ; b. In paragraph (a)(4)(i), by removing “paragraph (a)(1)(i ) through (iii)” and adding in its place “paragraphs (a)(1)(i) through (iii)”;*** E.O. 12866 Review

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48 c . In paragraph (a)(2), by removing “§§” and adding in its place “§”; d . In paragraph (a)(4)(ii), by adding after “paragraph (a)(4)(i)” the words “of this section”;

e . I n par agraph (a)(9)(i) , by adding after “August 31 of”
the word “the”;
f
. By revising paragraph (b) introductory text;
g . In paragraph (b)(4)(ii), by adding after “paragraph (b)(4)(i)” the words “of this section”; h. In paragraph (b)(9)(i), by adding after “August 31 of” the word “the”; and i . In paragraph (b)(10)(ii), by adding after “ § 52.38(b)(4) or ( 5)” the words “of this chapter”;
to read as follows: § 97.512 CSAPR NO X Ozone Season allowance allocations to new units. (a) For each control period in 2015 and thereafter and for
the CSAPR NO X Ozone Season units in each State for which a new unit set

- aside is set forth in § 97.510 for that control period, the Administrator will allocate CSAPR NO X Ozone Season allowances to the CSAPR NO X Ozone Season unit s as follows:
* * * * * (b) For each control period in 2015 and thereafter and for the CSAPR NO X Ozone Season units located in Indian country within*** E.O. 12866 Review

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49 the borders of each State for which an Indian country new unit
set

- aside is set forth in § 97.510 for that control period, the Administrator will allocate CSAPR NO X Ozone Season allowances to the CSAPR NO X Ozone Season units as follows:
* * * * *
4 0 . Section 97.521 is amended :

a. In paragraph (b) introductory text, by removing

“ § 52.38(b)(3)(i ) through (iv)” and adding in its place

“ § 52.38(b)(3)(i)(A) through (D)”; b. By redesignating paragraph (c) as paragraph (c)(1) , and by revising the redesignated paragraph ;

c . By adding a new paragraph (c)(2); d
. By revising paragraphs (d) and (e); and

e . in paragraph (j) , by removing “the date” and adding in its place “the date 15 days after the date” ; to read as follows: § 97.521 Recordation of CSAPR NO X Ozone Season allowance allocations and auction results.
* * * * * (c)(1) By December 1, 2016, the Administrator will record in each CSAPR NO X Ozone Season source's compliance account the
CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozone Season units at the source, or in each appropriate Allowance Management System account th e CSAPR NO X Ozone Season*** E.O. 12866 Review

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50 allowances auctioned to CSAPR NO X Ozone Season units, in accordance with § 97.511(a), or with a SIP revision approved
under § 52.38(b)(4) or (5) of this chapter, for the control period in 2017 or, for such sources in Georgia, the c ontrol periods in 2017 and 2018
. (2) For the CSAPR NO X Ozone Season sources not in Georgia, by December 1, 2016, the Administrator will record in each such source’s compliance account the CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozone Season units at the source in accordance with § 97.511(a) for the control period in 2018, unless the State in which the source is located notifies the Administrator in writing by November 15, 2016 of the State's intent to submit to the Administrator a complete SIP revision by April 1, 2017 meeting the requirements of § 52.38(b)(3)(ii)(A) through (D) of this chapter. (A) If the State does not submit to the Administrator by April 1, 2017 such complete SIP revision, the Administrator will record by Apr il 15, 2017 in each CSAPR NO X Ozone Season source's compliance account the CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozone Season units at the source in accordance with § 97.511(a) for the control period in 2018. (B) If the State submits to the Administrator by April 1, 2017 and the Administrator approves by October 1, 2017 such complete SIP revision, the Administrator will record by October*** E.O. 12866 Review

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51 1, 2017 in each CSAPR NO X Ozone Season source's compliance
account the CSA PR NO X Ozone Season allowances allocated to the
CSAPR NO X Ozone Season units at the source as provided in such approved, complete SIP revision for the control period in 2018. (C) If the State submits to the Administrator by April 1, 2017 and the Administr ator does not approve by October 1, 2017 such complete SIP revision, the Administrator will record by October 1, 2017 in each CSAPR NO X Ozone Season source's compliance account the CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozone Season u nits at the source in accordance with § 97.511(a) for the control period in 2018. (d) By July 1, 2018, the Administrator will record in each
CSAPR NO X Ozone Season source's compliance account the CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozone Season units at the source, or in each appropriate Allowance Management System account the CSAPR NO X Ozone Season allowances auctioned to
CSAPR NO X Ozone Season units, in accordance with § 97.511(a), or with a SIP revision approved under § 52.38(b)(4) or (5) of this chapter, for the control periods in 2019 and 2020. (e) By July 1, 2019, the Administrator will record in each
CSAPR NO X Ozone Season source's compliance account the CSAPR NO X Ozone Season allowances allocated to the CSAPR NO X Ozo ne Season units at the source, or in each appropriate Allowance Management System account the CSAPR NO X Ozone Season allowances auctioned to*** E.O. 12866 Review

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52 CSAPR NO X Ozone Season units, in accordance with § 97.511(a), or with a SIP revision approved under § 52.38(b)(4) o r (5) of this chapter, for the control periods in 2021 and 2022.
* * * * *
4 1 . Section 97.524 is amended:

a . By revising paragraphs (b) (1) , and ( c)(2) introductory text, (i) and (ii); b. By adding new paragraphs (c)(2)(iii) through (v); c. By revising paragraph (d); and d . By adding a new paragraph (f); to read as follows: § 97.524 Compliance with CSAPR NO X Ozone Season emissions limitation.
* * * * * (b) * * * (1) Until the tonnage equivalent of CSAPR NO X Ozone Season allowances deducted equals or exceeds the number of tons of total NO X emissions from all CSAPR NO X Ozone Season units at the source for such control period; or
* * * * * (c) * * * (2) Default order of deductions . The Administrator will
deduct CSAPR NO X Ozone Season allowances under paragraph (b) or (d) of this section from the source's compliance account in*** E.O. 12866 Review

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53 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 CSAPR NO X Ozone Season allowances in such request, in the following order: (i) Any CSAPR NO X Ozone Season allowances determined under paragraph (f)(1) of this section to have a tonnage equivalen t of one ton per allowance that were allocated or auctioned from the
NO X Ozone Season trading budget for the State within whose borders the source is located to the units at the source and were not transferred out of the compliance account, in the order of recordation; (ii) Any CSAPR NO X Ozone Season allowances determined under paragraph (f)(1) of this section to have a tonnage equivalen t of one ton per allowance that were not allocated or auctioned from the NO X Ozone Season trading budget for the State wi thin whose borders the source is located to any unit at the source and were transferred to and recorded in the compliance account pursuant to this subpar t, in the order of recordation; (iii) Any CSAPR NO X Ozone Season allowances determined under paragraph (f)(2) of this section to have a tonnage equivalen t of four tenths of one ton per allowance, in the order of recordation; (iv) Any CSAPR NO X Ozone Season allowances determined under paragraph (f)(3) of this section to have a tonnage equivalen t of*** E.O. 12866 Review

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54 one fou rth of one ton per allowance that were allocated or auctioned from the NO X Ozone Season trading budget for the State within whose borders the source is located to the units at the source and were not transferred out of the compliance account, in the order of recordation; and (v) Any CSAPR NO X Ozone Season allowances determined under paragraph (f)(3) of this section to have a tonnage equivalen t of one fourth of one ton per allowance that were not allocated or auctioned from the NO X Ozone Season trading budg et for the State within whose borders the source is located to any unit at the source and were transferred to and recorded in the compliance account pursuant to this subpart, in the order of recordation. (d) Deductions for excess emissions . After making th e deductions for compliance under paragraph (b) of this section for a control period in a year in which the CSAPR NO X Ozone Season source has excess emissions, the Administrator will deduct from the source's compliance account a tonnage equivalent
of CSAPR NO X Ozone Season allowances, allocated for a control period in a prior year or the control period in the year of the excess emissions or in the immediately following year, not less than two times the number of tons of the source's excess emissions.
* * * * **** E.O. 12866 Review

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55 (f) Tonnage equivalents of CSAPR NO X Ozone Season allowances . Where a determination is needed of the tonnage equivalent of a CSAPR NO X Ozone Season allowance held or deducted under any provision of § 97.506(c), § 97.511(c), § 97.524, § 97.525, § 97.527, or § 97.528 relating to the holding or deduction of CSAPR NO X Ozone Season allowances, the Administrator will make the determination as follows, provided that notwithstanding any such determination the CSAPR NO X Ozone Season allowance rem ains subject to the limitations in § 97.506(c)(6): (1) Except as provided under paragraph (f)(2) or (f)(3) of this section, the tonnage equivalent of each CSAPR NO X Ozone Season allowance shall be one ton per allowance. (2) Where a CSAPR NO X Ozone Season allowance has been allocated or auctioned for a control period in 2017 or a subsequent year from the NO X Ozone Season trading budget for Georgia, and where the CSAPR NO X Ozone Season allowance is held or deducted for any purpose related to emissions from a CSAPR NO X Ozone Season unit in another State (or Indian country within the
borders of another State) or for the purpose of correcting an allocation or recordation error affecting a CSAPR NO X Ozone Season unit in another State (or Indian country within the borders of another State), the tonnage equivalent of the CSAPR
NO X Ozone Season allowance shall be four tenths of one ton per allowance.*** E.O. 12866 Review

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56 (3) Where a CSAPR NO X Ozone Season allowance has bee n allocated or auctioned for a control period in 2015 or 2016, and
where the CSAPR NO X Ozone Season allowance is held or deducted for any purpose related to emissions from a CSAPR NO X Ozone Season unit in any State except Georgia (or Indian country within the borders of such a State) in a control period in 2017 or a subsequent year or for the purpose of correcting an allocation or recordation error affecting a CSAPR NO X Ozone Season unit in any State except Georgia (or Indian country within the borders of s uch a State) for a control period in 2017 or a subsequent year, the tonnage equivalent of the CSAPR NO X Ozone Season allowance shall be one fourth of one ton per allowance. (4) The Administrator will determine the year of the compliance period for which a CSAPR NO X Ozone Season allowance was allocated or auctioned and the State from whose NO X Ozone Season trading budget the CSAPR NO X Ozone Season allowance was allocated or auctioned based on the records maintained in the Allowance Management System.
4 2
. Section 97.525 is amended:

a. By revising paragraph (b)(2)(ii); b. In paragraph (b)(2)( iii) introductory text, by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(1)(ii)”;*** E.O. 12866 Review

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57 c. In paragraph (b)(2)(iii)(B), by adding “the calculations incorporating” before “any adjustments”; and d
. By revising paragraph s (b)(4)(i) and (5) through (6) (iii)(B) ; to read as follows: § 97.525 Compliance with CSAPR NO X Ozone Season assurance provisions.
* * * * * (b) * * * (2) * * * (ii) By August 1 immediately after the promulgation of such notice, the Administrator will calculate, for each such State (and Indian country within the borders of such State) and such control period and each common designated represen tative for such control period for a group of one or more CSAPR NO X Ozone Season sources and units in the State (and Indian country within the borders of such State), the common designated representative's share of the total NO X emissions from all CSAPR
NO X Ozone Season units at CSAPR NO X Ozone Season sources in the State (and Indian country within the borders of such State), the common designated representative's assurance level, and the tonnage equivalent (if any) of CSAPR NO X Ozone Season allowances that the owners and operators of such group of sources and units must hold in accordance with the calculation formula in*** E.O. 12866 Review

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58 § 97.506(c)(2)(i) and will promulgate a notice of data availability of the results of these calculations.
* * * * * (4) * * * (i) As of midnight of November 1 immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(iii)(B) of this section, the owners and operators described in paragraph (b)(3) of this section shall hold in the assurance account established for them and for the appropriate CSAPR NO X Ozone Season sources, CSAPR NO X Ozone Season units, and State (and Indian country within the borders of such State) under paragraph (b)(3) of this section a total
t onnage equivalent of CSAPR NO X Ozone Season allowances, available for deduction under paragraph (a) of this section, not less than the tonnage equivalent such owners and operators are required to hold with regard to such sources, units and State (and India n country within the borders of such State) as calculated by the Administrator and referenced in such notice.
* * * * * (5) After November 1 (or the date described in paragraph (b)(4)(ii) of this section) immediately after the promulgation of each notice of data availability required in paragraph (b)(2)(iii)(B) of this section and after the recordation, in accordance with § 97.523, of CSAPR NO X Ozone Season allowance*** E.O. 12866 Review

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59 transfers submitted by midnight of such date, the Administrator will determine whet her the owners and operators described in paragraph (b)(3) of this section hold, in the assurance account for the appropriate CSAPR NO X Ozone Season sources, CSAPR NO X Ozone Season units, and State (and Indian country within the borders of such State) established under paragraph (b)(3) of this section, the tonnage equivalent of CSAPR NO X Ozone Season allowances available under paragraph (a) of this section that
the owner s and operators are required to hold with regard to such sources, units, and State (and Indian country within the borders of such State) as calculated by the Administrator and referenced in the notice required in paragraph (b)(2)(iii)(B) of this section. ( 6) Notwithstanding any other provision of this subpart and any revision, made by or submitted to the Administrator after the promulgation of the notice of data availability required in paragraph (b)(2)(iii)(B) of this section for a control period in a give n year, of any data used in making the calculations referenced in such notice, the tonnage equivalents of CSAPR NO X Ozone Season allowances that the owners and operators are required to hold in accordance with § 97.506(c)(2)(i) for such control period shal l continue to be such tonnage equivalents as calculated by the Administrator and referenced in such notice*** E.O. 12866 Review

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60 required in paragraph (b)(2)(iii)(B) of this section, except as
follows: (i) If any such data are revised by the Administrator as a result of a decis ion 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 Admi nistrator will use the data as so revised to recalculate the tonnage equivalents of CSAPR NO X Ozone Season allowances that owners and operators are required to hold in accordance with the calculation formula in § 97.506(c)(2)(i) for such control period wit h regard to the CSAPR NO X Ozone Season
sources, CSAPR NO X Ozone Season units, and State (and Indian country within the borders of such State) involved, provided that such litigation under part 78 of this chapter, or the proceeding under part 78 of this cha pter 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)(iii)(B) of this section. (ii) If any such data are rev ised by the owners and operators of a CSAPR NO X Ozone Season source and CSAPR NO X Ozone Season unit whose designated representative submitted such data under paragraph (b)(2)(i) of this section, as a result of a*** E.O. 12866 Review

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61 decision in or settlement of litigation conc erning such submission, then the Administrator will use the data as so revised to recalculate the tonnage equivalents of CSAPR NO X Ozone Season allowances that owners and operators are required to hold in accordance with the calculation formula in § 97.506 (c)(2)(i) for such control period with regard to the CSAPR NO X Ozone Season
sources, CSAPR NO X Ozone Season units, and State (and Indian country within the borders of such State) involved, provided that such litigation was initiated no later than 30 days a fter promulgation of such notice required in paragraph (b)(2)(iii)(B) of this section. (iii) If the revised data are used to recalculate, in accordance with paragraphs (b)(6)(i) and (ii) of this section, the tonnage equivalent of CSAPR NO X Ozone Season all owances that the owners and operators are required to hold for such control period with regard to the CSAPR NO X Ozone Season sources, CSAPR
NO X Ozone Season units, and State (and Indian country within the borders of such State) involved

— (A) Where the tonnage equivalent of CSAPR NO X Ozone Season allowances that the owners and operators are 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 own ers and operators shall hold the additional tonnage equivalent of CSAPR NO X Ozone Season allowances in the assurance*** E.O. 12866 Review

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62 account established by the Administrator for the appropriate
CSAPR NO X Ozone Season sources, CSAPR NO X Ozone Season units, and State (and I ndian country within the borders of such State) under paragraph (b)(3) of this section. The owners' and operators' failure to hold such additional tonnage equivalent, as required, before the new deadline shall not be a violation of the Clean Air Act. The o wners' and operators' failure to hold such additional tonnage equivalent, as required, as of the new deadline shall be a violation of the Clean Air Act. Each ton of the tonnage equivalent of CSAPR NO X Ozone Season allowances that the owners and operators f ail to hold as required as of the new deadline, and each day in such control period, shall be a separate violation of the Clean Air Act. (B) For the owners and operators for which the tonnage equivalent of CSAPR NO X Ozone Season allowances required to be
h eld decreases as a result of the use of all such revised data, the Administrator will record, in all accounts from which CSAPR
NO X Ozone Season allowances were transferred by such owners and operators for such control period to the assurance account establ ished by the Administrator for the appropriate CSAPR NO X Ozone Season sources, CSAPR NO X Ozone Season units, and State (and Indian country within the borders of such State) under paragraph (b)(3) of this section, a total tonnage equivalent of the CSAPR NO X Ozone Season allowances held in such assurance*** E.O. 12866 Review

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63 account not more than the amount of the decrease. If CSAPR NO X Ozone Season allowances were transferred to such assurance account from more than one account, the tonnage equivalent of
CSAPR NO X Ozone Season allowances recorded in each such transferor account will be in proportion to the percentage of the total tonnage equivalent of CSAPR NO X Ozone Season allowances transferred to such assurance account for such control period
from such transferor account.
* * * * * § 97.528 [Amended]
4 3 . Section 97.528 is amended in paragraph (b) by removing “paragraph (a)(1)” and adding in its place “paragraph (a)”. § 97.530 [Amended]
4 4 . Section 97.530 is amended :

a . By revising paragraph s (b) introductory text and (1) through (3) ; b. In paragraph (b)(4) introductory text, by removing “§§” and adding in its place “§”; and c. In paragraph (b)(4)(iii), by adding after “§ 75.66” the words “of this chapter” ; to read as follows:
* * * * * (b) Compliance deadlines . Except as provided in paragraph (e) of this section, the owner or operator of a CSAPR NO X Ozone*** E.O. 12866 Review

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64 Season unit shall meet the monitoring system certification and other requirements of paragraphs (a)(1) and (2) of this section
on or b efore the latest of the following dates and shall record, report, and quality

- assure the data from the monitoring systems under paragraph (a)(1) of this section on and after the latest of the following dates: (1)(i) For a unit other than a unit described i n paragraph (b)(1)(ii) of this section, May 1, 2015; or (ii) For a unit in the State of Kansas (or Indian country within the borders of the State) that is not a CSAPR NO X Ozone Season unit in another State (or Indian country within the
borders of another State) during any portion of a control period in 2015 or 2016, May 1, 2017; (2) 180 calendar days after the date on which the unit commences commercial operation; or (3) Where data for the unit is reported on a control period basis under § 97.534(d)(2)(ii )(B), and where the compliance date under paragraph (b)(2) of this section is not in a month from May through September, May 1 immediately after the compliance date under paragraph (b)(2) of this section.
* * * * * § 97.531 [Amended]
4 5 . Sec t ion 97.531 is amended :*** E.O. 12866 Review

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65 a. In paragraph (d)(3) introductory text, by removing “§§” and adding in its place “§”; and
b. B y redesignating paragraph s (d)(3)(v)(A) (1) through (5) as paragraphs (d)(3)(v)(A) ( 1 ) through ( 5 ).
4 6
. Section 97.534 is amended:

a . In paragraph (b), by adding “the” before “requirements”; b. By revising paragraph s (d) (1) and (2) ;

c . B y redesignating paragraph (d)(6) as paragraph (d)(5)(ii); and d. In paragraph (e)(3), by removing “paragraph (d)(2)(ii)” and adding in its place “p aragraph (d)(2)(ii)(B)”.
to read as follows: § 97.534 Recordkeeping and reporting.
* * * * * (d) * * * (1) The designated representative shall report the NO X mass emissions data and heat input data for a CSAPR NO X Ozone Season unit, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter indicated under paragraph (d)(2) of this section beginning with the late st of: (i)(A) For a unit other than a unit described in par agraph (d)(1)(i)(B) of this section, the calendar quarter covering May
1 , 2015 through June 30, 2015; or*** E.O. 12866 Review

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66 (B) For a unit in the State of Kansas (or Indian country within the borders of the State) that is not a CSAPR NO X Ozone Season unit in another State ( or Indian country within the borders of another State) during any portion of a control period in 2015 or 2016, the calendar quarter covering May 1, 2017 through June 30, 2017; (ii) The calendar quarter corresponding to the earlier of the date of provisiona l certification or the applicable deadline for initial certification under § 97.530(b); or (iii) For a unit that reports on a control period basis under paragraph (d)(2)(ii)(B) of this section, if the calendar quarter under paragraph (d)(1)(ii) of this section does not include a month from May through September, the calendar quarter covering May 1 through June 30 immediately after the calendar quarter under paragraph (d)(1)(ii) of this section. (2)(i) If a CSAPR NO X Ozone Season unit is subject to the
Ac id Rain Program or a CSAPR NO X Annual emissions limitation or if the owner or operator of such unit chooses to report on an annual basis under this subpart, then the designated representative shall meet the requirements of subpart H of part 75 of this chap ter (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 for the entire
year.*** E.O. 12866 Review

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67 (ii) If a CSAPR NO X Ozone Season unit is not subject to the Acid Rain Progra m or a CSAPR NO X Annual emissions limitation, then the designated representative shall either: (A) Meet the requirements of subpart H of part 75 of this chapter for such unit for the entire year and report the NO X mass emissions data and heat input data fo r such unit for the entire year in accordance with paragraph (d)(2)(i) of this section; or (B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NO 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.
* * * * * Subpart CCCCC — CSAPR SO 2 Group 1 Trading Program
4 7 . The heading of subpart CCCCC is revised to read as set forth above. § 97.602 [Amended]
4 8 . Section 97.602 is amended: a. By relocating all definitions beginning with “ CSAPR ” to their alphabetical locations in the list of definitions; b . In the definit ion of “ Cogeneration system ”, by removing “steam turbine generator” and adding in its place “generator”;*** E.O. 12866 Review

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68 c . In the definition of “ Commence commercial operation ”, in paragraph (2) introductory text, by adding after “defined in”
the word “the”; d . In the definition of “ Fossil fuel ”, by removing “§§” and adding in its place §”; and

e . In the definition of “ Sequential use of energy ”, in paragraph (2), by adding after “from” the word “a”
. § 97.604 [Amended] 49 . Section 97.604 is amended in paragraph (b)( 2)(ii) by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(2)(i)”. § 97.606 [Amended]
5 0 . Section 97.606 is amended:
a. In the heading of paragraph (c)(4), by adding “ CSAPR SO 2 Group 1” before “allowances ”; and b
. In paragraph (d)(2) , by removing “subpart H” and adding in its place “subpart B”. § 97.610 State SO 2 Group 1 trading budgets, new unit set asides, Indian country new unit set - asides, and variability limits.
5 1 . Section 97.610 is amended: a. By revising the heading as set forth above; b. By removing “SO 2 trading budget” wherever it appears and adding in its place “SO 2 Group 1 trading budget”;*** E.O. 12866 Review

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69 c. By removing “SO 2 new unit set

- aside” wherever it appears and adding in its place “new unit set

- aside”; d. By removing “SO 2 Indian country new unit set

- aside” wherever it appears and adding in its place “Indian country new unit set

- aside”; e. By removing “SO 2 variability limit” wherever it appears and adding in its place “variability limit”; f. In paragraph (a) introductory text, by adding “Group 1” before “trading budgets”, and by removing “new unit

- set aside” and adding in its place “new unit set

- aside”;
g . B y adding and reserving paragraphs (a)(2)(vi) and (a)(11)(vi); and
h
. In paragraph (c), b y adding after “Each” the word “State”, and by removing “set aside” wherever it appears and adding in its place “set

- aside”. § 97.611 [Amended]
5 2 . Section 97.611 is amended : a. I n paragraphs (b)(1)(iii) and (b)(2)(iii) , by adding
after “November 30 of” the word “the”; b. In paragraph (c)(1)(ii), by removing “ § 52.39(d), (e), or (f)” and adding in its place “ § 52.39(e) or (f)”; c. In paragraph (c)(5)(i)(B), by adding after “§ 52.39(e) or (f)” the words “of this chapter”;*** E.O. 12866 Review

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70 d. In paragraph (c)(5)(ii) int roductory text, by removing “of this paragraph” and adding in its place “of this section”;

e . In paragraph (c)(5)(ii)(B), by adding after “ § 52.39(e) or (f)” the words “of this chapter” ; and
f . In paragraph (c)(5)(iii), by removing “of this paragraph” an d adding in its place “of this section”. § 97.612 [Amended]
5 3 . Section 97.612 is amended :

a . In paragraph (a)(2), by removing “§§” and adding in its place “§”; b. In paragraph (a)(4)(i), by removing “paragraph (a)(1)(i) through (iii)” and adding in its place “paragraphs (a)(1)(i) through (iii)”;

c . In paragraph (a)(4)(ii), by adding after “paragraph (a)(4)(i)” the words “of this section”;
d
. I n paragraph (a)(9)(i) , by adding after “November 30 of”
the word “the”;

e . In paragraph (b)(4)(ii), by adding after “paragraph (b)(4)(i)” the words “of this section”; f. In paragraph (b)(9)(i), by adding after “November 30 of” the word “the”;
g . In paragraph (b)(10 ) (ii), by removing “ § 52.39(d), (e), or (f)” and by adding in its place “ § 52.39(e) or (f)” ; and*** E.O. 12866 Review

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71 h . In paragraph (b)(11), by adding after “paragraphs (b)(9), (10) and (12)” the words “of this section”. § 97.621 [Amended]
5 4 . Section 97.621 is amended : a. In paragraphs (c), (d), and (e), by removing “period” and adding in its place “periods”’;
b
. I n paragraphs (f) and (g) , by removing “ § 52.39(e) and (f)” and adding in its place “ § 52.39(e) or (f)” ; and

c . In paragraph (j), by removing “the date” and adding in its place “the date 15 days after the date”. § 97.625 [Amended]
5 5 . Section 97.625 is amended:

a . In paragraph (b)(2)(iii) introductory text, by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(1)(ii)”; and b . In paragraph (b)(2)(iii)(B), by adding “the calculations incorporating” before “any adjustments”
. § 97.628 [Amended]
5 6
. Section 97.628 is amended in paragraph (b) by removing “paragraph (a)(1)” and adding in its place “paragraph (a)”. § 97.630 [Amended]
5 7 . Section 97.630 is amended : a. In paragraph (b) introductory text, by adding after “operator” the words “of a CSAPR SO 2 Group 1 unit”, by adding*** E.O. 12866 Review

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72 “the later of” before “the following dates” each time it appears, and by removing the final period and adding in its place a colon; b. By removing paragraphs (b)(1) and (b)(2) introductory text; c. By redesignating paragraphs (b)(2)(i) and (ii) as paragraphs (b)(1) and (2); d. In redesignated paragraph (b)(2), by removing the final semicolon and adding in its place a period;

e . I n paragraph (b)(3) introductory text by removing “ §§” and adding in its place “§”; and
f . In paragraph (b)(3)(iii), by adding after “§ 75.66” the words “of this chapter”. § 97.631 [Amended]
5 8 . Section 97.631 is amended : a. In paragraph (d)(3) introductory text, by removing “§§” and adding in its place “§”; and
b. B y redesignating paragraphs (d)(3)(v)(A)(1) through (3) as paragraphs (d)(3)(v)(A)( 1 ) through ( 3 ). § 97.634 [Amended] 59 . Section 97.634 is amended : a. In paragraph (b) by adding “the” before “requirements”;*** E.O. 12866 Review

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73 b. In paragraph (d) (1) introductory text, by removing “the CSAPR” and adding in its place “a CSAPR”, and by adding “the later of” before the final colon; c. In paragraph (d)(1) (i) , by removing “For a unit that commences commercial operation before July 1, 2014, the” and adding in its place “The”; and d. In paragraph (d)( 1 ) (ii) , by removing “For a unit that commences commercial operation on or after July 1, 2014, the” and adding in its place “The”, and by removing “ , unless that quarter is the third or fourth quarter of 2014, in which case reporting shall commence in the quarter covering January 1, 2015 through March 31, 2015”. Subpart DDDDD — CSAPR SO 2 Group 2 Trading Program 6 0 . The heading of subpart DDDDD is revised to read as set forth above. § 97.702 [Amended] 6 1 . Section 97.702 is amended:

a. By relocating all definitions beginning with “ CSAPR ” to their alphabetical locations in the list of definitions; b . In the definition of “ Cogeneration system ”, by removing “steam turbine generator ” and adding in its place “generator” ;

c . In the definitio n of “ Commence commercial operation ”, in paragraph (2) introductory text, by adding after “defined in”
the word “the”;*** E.O. 12866 Review

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74 d . In the definition of “ Fossil fuel ”, by removing “§§” and adding in its place §”; and

e . In the definition of “ Sequential use of energy ”, in paragraph (2), by adding after “from” the word “a”
. § 97.704 [Amended] 6 2 . Section 97.704 is amended in paragraph (b)(2)(ii) by removing “paragraph (b)(1)(i)” and adding in its place “paragraph (b)(2)(i)”. § 97.706 [Amended] 6 3 . Section 97.706 is amended:
a. In the heading of paragraph (c)(4), by adding “ CSAPR SO 2 Group 2” before “ allowances ”; and b
. I n paragraph (d)(2) , by removing “ subpart H” and adding in its place “subpart B”. § 97. 7 10 State SO 2 Group 2 trading budgets, new unit set asides, Indian country new unit set - asides, and variability limits. 6 4 . Section 97. 7 10 is amended: a. By revising the heading as set forth above; b. By removing “ SO 2 trading budget” wherever it appears and adding in its place “ SO 2 Group 2 trading bu dget”; c. By removing “ SO 2 new unit set

- aside” wherever it appears and adding in its place “new unit set

- aside”;*** E.O. 12866 Review

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75 d. By removing “ SO 2 Indian country new unit set

- aside” wherever it appears and adding in its place “Indian country new unit set

- aside”;
e. B y removing “ SO 2 variability limit” wherever it appears and adding in its place “variability limit”; f. In paragraph (a) introductory text, by adding “Group 2” before “trading budgets”, and by removing “new unit

- set aside” and adding in its place “new unit set

- aside”; and
g . In paragraph (c) , by adding after “Each” the word “State”, by removing “identified under” and adding in its place “in”, by removing “excludes” and adding in its place “does not include”, and by removing “set aside” wherever it appears and adding in its place “set

- aside”. § 97.711 [Amended] 6 5 . Section 97.711 is ame nded :

a. In paragraphs (b)(1)(iii) and (b)(2)(iii) , by adding after “November 30 of” the word “the” ; b. In paragraph (c)(1) introductory text , by adding after “approved” each time it appears the word “under” ; c. In paragraph (c)(1)(ii), by removing “ § 52.39(g), (h), or (i)” and adding in its place “ § 52.39(h) or (i)”;
d . In paragraph (c)(5)(i)(B), by adding after “ § 52.39(h) or (i)” the words “of this chapter” ;*** E.O. 12866 Review

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76 e . In paragraph (c)(5)(ii) introductory text , by removing “of this paragraph” and adding in its p lace “of this section”; f. In paragraph (c)(5)(ii)(B), by adding after “§ 52.39(h) or (i)” the words “of this chapter”; and g. In paragraph (c)(5)(iii), by removing “of this paragraph” and adding in its place “of this section”. § 97.712 [Amended] 6 6 . Section 97.712 is amended :

a . In paragraph (a)(2), by removing “§§” and adding in its place “§”; b. In paragraph (a)(4)(i), by removing “paragraph (a)(1)(i) through (iii)” and adding in its place “paragraphs (a)(1)(i) through (iii)”;

c . In paragraph (a)(4)(ii), by adding after “paragraph (a)(4)(i)” the words “of this section”;
d . I n paragraph (a)(9)(i) , by adding after “November 30 of” the word “the” ;

e . In paragraph (b)(4)(ii), by adding after “paragraph (b)(4)(i)” the words “of this section”;
f. In paragraph (b)(9)(i), by adding after “November 30 of” the word “the”; and
g . In paragraph (b)(10 ) (ii), by removing “ § 52.39(g), (h), or (i)” and by adding in its place “ § 52.39(h) or (i)”. § 97.721 [Amended]*** E.O. 12866 Review

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77 6 7 . Section 97.721 is amended : a. In paragraphs (c), (d), and (e), by removing “period” and adding in its place “periods”’;
b . In paragraphs (f) and (g), by removing “ § 52.39( h ) and ( i )” and adding in its place “ § 52.39( h ) or ( i )”; and

c . I n paragraph (j) , by removing “the date” and adding in its place “the date 15 days after the date”, and by removing the comma before “described”. § 97.725 [Amended] 6 8 . Section 97.725 is amended :

a . In paragraph (b)(2)(iii) introductory text, by removing “paragraph (b)(1)(i )” and adding in its place “paragraph (b)(1)(ii)”;
b . In paragraph (b)(2)(iii)(B), by adding “the calculations incorporating” before “any adjustments”; and

c . In paragraph (b)(6)(iii)(B), by removing after “appropriate” the word “at”. § 97.728 [Amended] 69 . Section 97.728 is amended in paragraph (b) by removing “paragraph (a)(1)” and adding in its place “paragraph (a)”. § 97.730 [Amended]
7 0 . Section 97.730 is amended : a. In paragraph (b) introductory text, by adding after “operator” the words “of a CSAPR SO 2 Group 2 unit”, by adding*** E.O. 12866 Review

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78 “the later of” before “the following dates” each time it appears, and by removing the final period and adding in its place a colon; b. By removing paragraphs (b)(1) and (b)(2) introductory text; c. By redesignating paragr aphs (b)(2)(i) and (ii) as paragraphs (b)(1) and (2); d. In redesignated paragraph (b)(2), by removing the final semicolon and adding in its place a period;

e . I n paragraph (b)(3) introductory text by removing “ §§” and adding in its place “§”; and
f . In pa ragraph (b)(3)(iii), by adding after “§ 75.66” the words “of this chapter”. § 97.731 [Amended]
7 1 . Section 97.731 is amended : a. In paragraph (d)(3) introductory text, by removing “§§” and adding in its place “§”; and
b. B y redesignating paragraphs (d)( 3)(v)(A)(1) through (3) as paragraphs (d)(3)(v)(A)( 1 ) through ( 3 ). § 97.734 [Amended]
7 2 . Section 97.734 is amended : a. In paragraph (b) by adding “the” before “requirements”;*** E.O. 12866 Review

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79 b. In paragraph (d) (1) introductory text, by removing “the CSAPR” and adding in its place “a CSAPR”, and by adding “the later of” before the final colon; c. In paragraph (d)(1) (i) , by removing “For a unit that commences commercial operation before July 1, 2014, the” and adding in its place “The”; and d. In paragraph (d)( 1 ) (ii) , by removing “For a unit that commences commercial operation on or after July 1, 2014, the” and adding in its place “The”, and by removing “ , unless that quarter is the third or fourth quarter of 2014, in which case reporting shall commence in the quarter covering January 1, 2015 through March 31, 2015”.