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EO12866_2008 O3 NAAQS CSAPR Update 2060 AS05 NPRM FRN_20150928

For the reasons stated in the preamble, parts 52, 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, 
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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 NOX” wherever it appears and adding in its place “CSAPR NOX”, 

and by removing “TR SO2” wherever it appears and adding in its 

place “CSAPR SO2”.

§§ 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 [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:
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a. By revising the 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

NOX 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), by removing 

“annual” and adding in its place “Annual”, and by 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 country 

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”;
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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 adding 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 
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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 NOX 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 “with regard 

to the State”, and by removing “whenever” and adding in its 

place “wherever”;

x. By revising paragraph (b)(4)(ii) introductory text;

y. In paragraph (b)(4)(ii)(B), by revising the table;
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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 sources 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 “wherever”;

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 
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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 
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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, Louisiana, 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 NOX

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 NOX Ozone 

Season units and the amount of CSAPR NOX Ozone Season allowances 

allocated to each unit on such list, provided that the list of 

units and allocations meets the following requirements:
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(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 NOX 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 NOX Ozone Season trading budget minus the 

sum of the new unit set-aside and Indian country new unit setaside;

(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 

Administrator 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 paragraphs (b)(3)(ii)(A) through (D) of this section by April 

1, 2017; and
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(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 NOX Ozone Season 

allowance allocation or auction 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 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 NOX 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 NOX Ozone Season allowance 

allocation or auction provisions, if such methodology—

* * * * *

(B) * * *

Year of the control period for 

which CSAPR NOX 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.
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2023 and any year thereafter June 1 of the fourth year 

before the year of the control 

period.

* * * * *

(5) * * *

(ii) May adopt, as CSAPR NOX 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 NOX Ozone Season allowances and that—

* * * * *

(B) * * *

Year of the control period for 

which CSAPR NOX 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.

* * * * *
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§ 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 52.39 is amended:

a. By revising the section heading as set forth above;

b. In paragraph (d)(2), by adding “the” before “CSAPR SO2

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 

within 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 
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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 paragraph (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 SO2

Group 2 trading budget”;
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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. In 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 removing “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”;
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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 

adding 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 “paragraph (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]
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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 NOX Ozone Season Trading 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?

* * * * *
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(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 requirements are set forth 

under the CSAPR NOX 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 eliminated 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 

Administrator'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 Administrator 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 NOX 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 
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and recordation of CSAPR NOX 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]

10. 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

11. Section 52.2140 is amended by adding a new paragraph 

(b)(3) to read as follows:

§ 52.2140 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 located 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 NOX Ozone Season Trading Program in 

subpart BBBBB of part 97 of this chapter with regard to 

emissions after 2016.
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PART 78—APPEAL PROCEDURES

12. 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]

13. Sections 78.1 and 78.4 are amended by removing “TR NOX”

wherever it appears and adding in its place “CSAPR NOX”, and by 

removing “TR SO2” wherever it appears and adding in its place 

“CSAPR SO2”.

14. Section 78.1 is amended:

a. In paragraph (a)(1), by 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 by adding a 

new third sentence at the end of the paragraph; 

b. By adding a new paragraph (b)(14)(viii); and

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

“SO2 Group 1” and adding in its place “SO2 Group 2”;

to read as follows:

§ 78.1 Purpose and scope.

(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 
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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 NOX Ozone Season allowance under § 97.524(f) of this 

chapter. 

* * * * * 

§ 78.4 [Amended]

15. Section 78.4 is amended in paragraph (a)(1)(i) by 

removing “a affected” and adding in its place “an affected”, by 

adding “or” before “CSAPR SO2 Group 2 unit”, and by removing “, 

or a unit for which a TR opt-in application is submitted and not 

withdrawn”.

PART 97—FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2

TRADING PROGRAMS, AND CSAPR NOX AND SO2 TRADING PROGRAMS

16. The heading of part 97 is revised to read as set forth 

above.
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17. 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]

18. 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 

NOX” wherever it appears and adding in its place “CSAPR NOX”, and 

by removing “TR SO2” wherever it appears and adding in its place 

“CSAPR SO2”.

Subpart AAAAA—CSAPR NOX Annual Trading Program

19. The heading of subpart AAAAA is revised to read as set 

forth above.

§ 97.402 [Amended]

20. Section 97.402 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”;
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d. In the definition of “CSAPR NOX Annual allowances held or 

hold TR NO4 Annual allowances”, by removing “TR NO4” and adding 

in its place “CSAPR NOX”;

e. In the definition of “CSAPR SO2 Group 2 Trading Program”, 

by removing “52.39(a)” and adding 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 

designator “3)” and adding in its place the paragraph designator

“(3)”; and

h. In the definition of “Sequential use of energy”, in 

paragraph (2), by adding after “from” the word “a”.

§ 97.404 [Amended]

21. Section 97.404 is amended in paragraph (b)(2)(ii) by 

removing “paragraph (b)(1)(i)” and adding in its place 

“paragraph (b)(2)(i)”.

§ 97.406 [Amended]

22. Section 97.406 is amended in the heading of paragraph 

(c)(4) by adding “CSAPR NOX Annual” before “allowances”.

§ 97.410 State NOX Annual trading budgets, new unit set-asides, 

Indian country new unit set-asides, and variability limits.

23. Section 97.410 is amended:

a. By revising the heading as set forth above;
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b. By removing “NOX annual trading budget” wherever it 

appears and adding in its place “NOX Annual trading budget”;

c. By removing “NOX annual new unit set-aside” wherever it 

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

d. By removing “NOX annual Indian country new unit setaside” wherever it appears and adding in its place “Indian 

country new unit set-aside”;

e. By removing “NOX annual variability limit” wherever it 

appears and adding in its place “variability limit”;

f. In paragraph (a) introductory text, by removing “new 

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

g. By 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]

24. Section 97.411 is amended:

a. In 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 “§ 52.38(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”;
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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]

25. 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. In 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 adding after “§ 52.38(a)(4) 

or (5)” the words “of this chapter”.

§ 97.421 [Amended]
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26. Section 97.421 is amended:

a. In paragraphs (c), (d), and (e), by removing “period” 

and adding in its place “periods”; and

b. In paragraph (j), by removing “the date” and adding in 

its place “the date 15 days after the date”.

§ 97.425 [Amended]

27. 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. In paragraph (b)(6)(iii)(B), by removing after 

“appropriate” the word “at”.

§ 97.426 [Amended]

28. 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]
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30. Section 97.430 is amended:

a. In paragraph (b) introductory text, by adding after 

“operator” the words “of a CSAPR NOX 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 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. In 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]

31. Section 97.431 is amended in paragraph (d)(3) 

introductory text by removing “§§” and adding in its place “§”.

§ 97.434 [Amended]

32. Section 97.434 is amended:

a. In 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;
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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 BBBBB—CSAPR NOX Ozone Season Trading Program

33. The heading of subpart BBBBB is revised to read as set 

forth above.

34. 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 NOX Ozone Season 

allowance” and “CSAPR NOX Ozone Season emissions limitation”;
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e. In the definitions of “CSAPR SO2 Group 1 Trading Program” 

and “CSAPR SO2 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 adding 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 NOX Ozone Season allowance means a limited 

authorization under the CSAPR NOX Ozone Season Trading Program 

issued and allocated or auctioned to a CSAPR NOX 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 revision approved by the 

Administrator under § 52.38(b)(3), (4), or (5) of this chapter, 

to emit either:

(1) One ton of NOX 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
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(2) As determined under § 97.524(f), up to one ton of NOX in 

another 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 NOX Ozone Season emissions limitation means, for a 

CSAPR NOX Ozone Season source, the tonnage of NOX emissions 

authorized in a control period in a given year by the tonnage 

equivalent of CSAPR NOX 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 NOX Ozone Season allowance held or deducted for 

an identified purpose, the portion of one ton represented by the 

CSAPR NOX Ozone Season allowance as determined under § 97.524(f) 

or, with regard to a specific group of CSAPR NOX Ozone Season 

allowances held or deducted for a common identified purpose, the 

unrounded sum of the tonnage equivalents of the individual CSAPR 

NOX Ozone Season allowances comprising the group.

* * * * * 

§ 97.504 [Amended]
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35. Section 97.504 is amended in 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 NOX”.

36. 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 NOX

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 

NOX Ozone Season source and each CSAPR NOX Ozone Season unit at 

the source shall hold, in the source's compliance account, a 

tonnage equivalent of CSAPR NOX Ozone Season allowances available 
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for deduction for such control period under § 97.524(a) not less 

than the tons of total NOX emissions for such control period from 

all CSAPR NOX Ozone Season units at the source.

(ii) * * *

(A) The owners and operators of the source and each CSAPR 

NOX Ozone Season unit at the source shall hold the tonnage 

equivalent of CSAPR NOX Ozone Season allowances required for 

deduction under § 97.524(d); and

* * * * *

(2) * * *

(i) If total NOX emissions during a control period in a 

given year from all CSAPR NOX Ozone Season units at CSAPR NOX

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 representative's share of such NOX 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 such group) a tonnage equivalent of

CSAPR NOX Ozone Season allowances available for deduction for 

such control period under § 97.525(a) not less than two times 
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the product (rounded to the nearest whole number), as determined 

by the Administrator in accordance with § 97.525(b), of 

multiplying—

* * * * *

(v) * * *

(B) Each ton of the tonnage equivalent of CSAPR NOX 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 NOX Ozone Season unit 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 period 

thereafter.

(B) A CSAPR NOX Ozone Season unit in the State of Kansas (or 

Indian country within the borders of the State) that is not a 

CSAPR NOX 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 
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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 

requirements under § 97.530(b) and for each control period 

thereafter.

* * * * *

(6) * * * A CSAPR NOX Ozone Season allowance is a 

limited authorization to emit up to one ton of NOX during the 

control period in one year as determined under § 97.524(f). * 

* *

* * * * *

37. Section 97.510 is revised to read as follows:

§ 97.510 State NOX Ozone Season trading budgets, new unit setasides, Indian country new unit set-asides, and variability 

limits.

(a) The State NOX Ozone Season trading budgets, new unit 

set-asides, and Indian country new unit set-asides for 

allocations of CSAPR NOX Ozone Season allowances for the control 

periods in 2015 and thereafter are as follows:

(1) Alabama. (i) The NOX 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]
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(iv) The NOX Ozone Season trading budget for 2017 and 

thereafter is 9,979 tons.

(v) The new unit set-aside for 2017 and thereafter is 205

tons.

(vi) [Reserved]

(2) Arkansas. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and

thereafter is 6,949 tons.

(v) The new unit set-aside for 2017 and thereafter is 141

tons.

(vi) [Reserved]

(3) Florida. (i) The NOX 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 NOX Ozone Season trading budget for 

2015 and 2016 is 27,944 tons.
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(ii) The new unit set-aside for 2015 and 2016 is 559 tons.

(iii) [Reserved]

(iv) The NOX 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 NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 12,078 tons.

(v) The new unit set-aside for 2017 and thereafter is 591

tons.

(vi) [Reserved]

(6) Indiana. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 28,284 tons.
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(v) The new unit set-aside for 2017 and thereafter is 565

tons.

(vi) [Reserved]

(7) Iowa. (i) The NOX 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 NOX 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 NOX 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.
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(9) Kentucky. (i) The NOX 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 NOX 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 NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter 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 NOX 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.
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(iii) [Reserved]

(iv) The NOX 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 NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 19,115 tons.

(v) The new unit set-aside for 2017 and thereafter is 363

tons.

(vi) The Indian country new unit set-aside for 2017 and 

thereafter is 19 tons.

(13) Mississippi. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 5,910 tons.
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(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 NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 15,323 tons.

(v) The new unit set-aside for 2017 and thereafter is 314

tons.

(vi) [Reserved]

(15) New Jersey. (i) The NOX 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 NOX 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]
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(16) New York. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 4,450 tons.

(v) The new unit set-aside for 2017 and thereafter is 89

tons.

(vi) The Indian country new unit set-aside for 2017 and 

thereafter is 4 tons.

(17) North Carolina. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 12,275 tons.

(v) The new unit set-aside for 2017 and thereafter is 236

tons.

(vi) The Indian country new unit set-aside for 2017 and 

thereafter is 12 tons.
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(18) Ohio. (i) The NOX Ozone Season trading 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 16,660 tons.

(v) The new unit set-aside for 2017 and thereafter is 337

tons.

(vi) [Reserved]

(19) Oklahoma. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 16,215 tons.

(v) The new unit set-aside for 2017 and thereafter is 309

tons.

(vi) The Indian country new unit set-aside for 2017 and 

thereafter is 16 tons.

(20) Pennsylvania. (i) The NOX 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.
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(iii) [Reserved]

(iv) The NOX 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 NOX 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 NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 5,481 tons.

(v) The new unit set-aside for 2017 and thereafter is 109

tons.

(vi) [Reserved]
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(23) Texas. (i) The NOX 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 NOX Ozone Season trading budget for 2017 and 

thereafter is 58,002 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 NOX 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 NOX 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 Virginia. (i) The NOX Ozone Season trading budget 

for 2015 and 2016 is 25,283 tons.
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(ii) The new unit set-aside for 2015 and 2016 is 1,264 

tons.

(iii) [Reserved]

(iv) The NOX 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 NOX 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 set-aside for 2015 and 

2016 is 15 tons.

(iv) The NOX Ozone Season trading budget for 2017 and 

thereafter is 5,561 tons.

(v) The new unit set-aside for 2017 and thereafter is 115

tons.

(vi) The Indian country new unit set-aside for 2017 and 

thereafter is 6 tons.

(b) The States' variability limits for the State NOX 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.
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(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 for 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.
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(26) The variability limit for Wisconsin is 1,168 tons.

(c) Each State NOX 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.

38. 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:
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§ 97.511 Timing requirements for CSAPR NOX Ozone Season 

allowance allocations.

* * * * *

(c) * * *

(3) If the Administrator already recorded such CSAPR NOX

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 under § 97.524(b) for such control period, then the 

Administrator will deduct from the account in which such CSAPR 

NOX Ozone Season allowances were recorded a tonnage equivalent of 

CSAPR NOX Ozone Season allowances allocated for the same or a 

prior control period not less than the tonnage equivalent of 

such already recorded CSAPR NOX Ozone Season allowances. The 

authorized account representative shall ensure that there is a 

sufficient tonnage equivalent of CSAPR NOX 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)”;
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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. In paragraph (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 NOX Ozone Season allowance allocations to new 

units.

(a) For each control period in 2015 and thereafter and for 

the CSAPR NOX 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 NOX Ozone Season allowances 

to the CSAPR NOX Ozone Season units as follows:

* * * * *

(b) For each control period in 2015 and thereafter and for 

the CSAPR NOX Ozone Season units located in Indian country within 
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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 NOX Ozone Season allowances to 

the CSAPR NOX Ozone Season units as follows:

* * * * *

40. 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 NOX Ozone Season allowance 

allocations and auction results.

* * * * *

(c)(1) By December 1, 2016, the Administrator will record 

in each CSAPR NOX Ozone Season source's compliance account the 

CSAPR NOX Ozone Season allowances allocated to the CSAPR NOX

Ozone Season units at the source, or in each appropriate 

Allowance Management System account the CSAPR NOX Ozone Season 
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allowances auctioned to CSAPR NOX 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 control 

periods in 2017 and 2018.

(2) For the CSAPR NOX Ozone Season sources not in Georgia, 

by December 1, 2016, the Administrator will record in each such 

source’s compliance account the CSAPR NOX Ozone Season allowances 

allocated to the CSAPR NOX 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 April 15, 2017 in each CSAPR NOX Ozone Season source's 

compliance account the CSAPR NOX Ozone Season allowances 

allocated to the CSAPR NOX 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 
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1, 2017 in each CSAPR NOX Ozone Season source's compliance 

account the CSAPR NOX Ozone Season allowances allocated to the 

CSAPR NOX 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 Administrator does not approve by October 1, 2017 

such complete SIP revision, the Administrator will record by 

October 1, 2017 in each CSAPR NOX Ozone Season source's 

compliance account the CSAPR NOX Ozone Season allowances 

allocated to the CSAPR NOX Ozone Season units 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 NOX Ozone Season source's compliance account the CSAPR NOX

Ozone Season allowances allocated to the CSAPR NOX Ozone Season 

units at the source, or in each appropriate Allowance Management 

System account the CSAPR NOX Ozone Season allowances auctioned to 

CSAPR NOX 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 NOX Ozone Season source's compliance account the CSAPR NOX

Ozone Season allowances allocated to the CSAPR NOX Ozone Season 

units at the source, or in each appropriate Allowance Management 

System account the CSAPR NOX Ozone Season allowances auctioned to 
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CSAPR NOX 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 2021 and 2022.

* * * * *

41. 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 NOX Ozone Season emissions 

limitation.

* * * * *

(b) * * *

(1) Until the tonnage equivalent of CSAPR NOX Ozone Season 

allowances deducted equals or exceeds the number of tons of 

total NOX emissions from all CSAPR NOX Ozone Season units at the 

source for such control period; or

* * * * *

(c) * * *

(2) Default order of deductions. The Administrator will 

deduct CSAPR NOX Ozone Season allowances under paragraph (b) or 

(d) of this section from the source's compliance account in 
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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 NOX Ozone 

Season allowances in such request, in the following order:

(i) Any CSAPR NOX Ozone Season allowances determined under 

paragraph (f)(1) of this section to have a tonnage equivalent of 

one ton per allowance that were allocated or auctioned from the 

NOX 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 NOX Ozone Season allowances determined under 

paragraph (f)(1) of this section to have a tonnage equivalent of 

one ton per allowance that were not allocated or auctioned from 

the NOX Ozone Season trading budget 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;

(iii) Any CSAPR NOX Ozone Season allowances determined under 

paragraph (f)(2) of this section to have a tonnage equivalent of 

four tenths of one ton per allowance, in the order of 

recordation;

(iv) Any CSAPR NOX Ozone Season allowances determined under 

paragraph (f)(3) of this section to have a tonnage equivalent of 
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one fourth of one ton per allowance that were allocated or 

auctioned from the NOX 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 NOX Ozone Season allowances determined under 

paragraph (f)(3) of this section to have a tonnage equivalent of 

one fourth of one ton per allowance that were not allocated or 

auctioned from the NOX Ozone Season trading budget 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 the 

deductions for compliance under paragraph (b) of this section 

for a control period in a year in which the CSAPR NOX Ozone 

Season source has excess emissions, the Administrator will 

deduct from the source's compliance account a tonnage equivalent 

of CSAPR NOX 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.

* * * * *
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(f) Tonnage equivalents of CSAPR NOX Ozone Season 

allowances. Where a determination is needed of the tonnage 

equivalent of a CSAPR NOX 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 NOX Ozone Season allowances, the Administrator 

will make the determination as follows, provided that 

notwithstanding any such determination the CSAPR NOX Ozone Season 

allowance remains 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 NOX Ozone 

Season allowance shall be one ton per allowance.

(2) Where a CSAPR NOX Ozone Season allowance has been 

allocated or auctioned for a control period in 2017 or a 

subsequent year from the NOX Ozone Season trading budget for 

Georgia, and where the CSAPR NOX Ozone Season allowance is held 

or deducted for any purpose related to emissions from a CSAPR NOX

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 NOX Ozone 

Season unit in another State (or Indian country within the 

borders of another State), the tonnage equivalent of the CSAPR

NOX Ozone Season allowance shall be four tenths of one ton per 

allowance.
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(3) Where a CSAPR NOX Ozone Season allowance has been 

allocated or auctioned for a control period in 2015 or 2016, and 

where the CSAPR NOX Ozone Season allowance is held or deducted 

for any purpose related to emissions from a CSAPR NOX 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 NOX Ozone 

Season unit in any State except Georgia (or Indian country 

within the borders of such a State) for a control period in 2017 

or a subsequent year, the tonnage equivalent of the CSAPR NOX

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 NOX Ozone Season allowance 

was allocated or auctioned and the State from whose NOX Ozone 

Season trading budget the CSAPR NOX Ozone Season allowance was 

allocated or auctioned based on the records maintained in the 

Allowance Management System.

42. 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)”;
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c. In paragraph (b)(2)(iii)(B), by adding “the calculations 

incorporating” before “any adjustments”; and

d. By revising paragraphs (b)(4)(i) and (5) through 

(6)(iii)(B); 

to read as follows:

§ 97.525 Compliance with CSAPR NOX 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 representative for 

such control period for a group of one or more CSAPR NOX 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 NOX emissions from all CSAPR 

NOX Ozone Season units at CSAPR NOX 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 NOX Ozone Season allowances 

that the owners and operators of such group of sources and units 

must hold in accordance with the calculation formula in 
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§ 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 NOX Ozone Season sources, CSAPR NOX 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 CSAPR NOX 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 Indian 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 NOX Ozone Season allowance 
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transfers submitted by midnight of such date, the Administrator 

will determine whether the owners and operators described in 

paragraph (b)(3) of this section hold, in the assurance account 

for the appropriate CSAPR NOX Ozone Season sources, CSAPR NOX

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 NOX Ozone Season 

allowances available under paragraph (a) of this section that 

the owners 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 given year, of any data used in making the calculations 

referenced in such notice, the tonnage equivalents of CSAPR NOX

Ozone Season allowances that the owners and operators are 

required to hold in accordance with § 97.506(c)(2)(i) for such 

control period shall continue to be such tonnage equivalents as 

calculated by the Administrator and referenced in such notice 
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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 decision in or settlement of litigation concerning 

such data on appeal under part 78 of this chapter of such 

notice, or on appeal under section 307 of the Clean Air Act of a 

decision rendered under part 78 of this chapter on appeal of 

such notice, then the Administrator will use the data as so 

revised to recalculate the tonnage equivalents of CSAPR NOX 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 NOX Ozone Season 

sources, CSAPR NOX 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 chapter that resulted in the 

decision appealed in such litigation under section 307 of the 

Clean Air Act, was initiated no later than 30 days after 

promulgation of such notice required in paragraph (b)(2)(iii)(B) 

of this section.

(ii) If any such data are revised by the owners and 

operators of a CSAPR NOX Ozone Season source and CSAPR NOX Ozone 

Season unit whose designated representative submitted such data 

under paragraph (b)(2)(i) of this section, as a result of a 
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decision in or settlement of litigation concerning such 

submission, then the Administrator will use the data as so 

revised to recalculate the tonnage equivalents of CSAPR NOX 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 NOX Ozone Season 

sources, CSAPR NOX 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 after 

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 NOX Ozone Season allowances that 

the owners and operators are required to hold for such control 

period with regard to the CSAPR NOX Ozone Season sources, CSAPR 

NOX Ozone Season units, and State (and Indian country within the 

borders of such State) involved—

(A) Where the tonnage equivalent of CSAPR NOX 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 owners and operators shall hold the additional tonnage 

equivalent of CSAPR NOX Ozone Season allowances in the assurance 
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account established by the Administrator for the appropriate 

CSAPR NOX Ozone Season sources, CSAPR NOX Ozone Season units, and 

State (and Indian 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 owners' 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 NOX Ozone Season allowances that 

the owners and operators fail 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 NOX Ozone Season allowances required to be 

held decreases as a result of the use of all such revised data, 

the Administrator will record, in all accounts from which CSAPR 

NOX Ozone Season allowances were transferred by such owners and 

operators for such control period to the assurance account 

established by the Administrator for the appropriate CSAPR NOX

Ozone Season sources, CSAPR NOX 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 NOX Ozone Season allowances held in such assurance 
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account not more than the amount of the decrease. If CSAPR NOX

Ozone Season allowances were transferred to such assurance 

account from more than one account, the tonnage equivalent of

CSAPR NOX Ozone Season allowances recorded in each such 

transferor account will be in proportion to the percentage of 

the total tonnage equivalent of CSAPR NOX Ozone Season allowances 

transferred to such assurance account for such control period 

from such transferor account.

* * * * *

§ 97.528 [Amended]

43. Section 97.528 is amended in paragraph (b) by removing 

“paragraph (a)(1)” and adding in its place “paragraph (a)”.

§ 97.530 [Amended]

44. Section 97.530 is amended:

a. By revising paragraphs (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 NOX Ozone 
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Season unit shall meet the monitoring system certification and 

other requirements of paragraphs (a)(1) and (2) of this section 

on or before 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 in 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 NOX 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]

45. Section 97.531 is amended:
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a. In paragraph (d)(3) introductory text, by removing “§§” 

and adding in its place “§”; and

b. By redesignating paragraphs (d)(3)(v)(A)(1) through (5) 

as paragraphs (d)(3)(v)(A)(1) through (5).

46. Section 97.534 is amended:

a. In paragraph (b), by adding “the” before “requirements”; 

b. By revising paragraphs (d)(1) and (2);

c. By 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 “paragraph (d)(2)(ii)(B)”.

to read as follows:

§ 97.534 Recordkeeping and reporting.

* * * * *

(d) * * *

(1) The designated representative shall report the NOX mass 

emissions data and heat input data for a CSAPR NOX 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 latest of:

(i)(A) For a unit other than a unit described in paragraph 

(d)(1)(i)(B) of this section, the calendar quarter covering May 

1, 2015 through June 30, 2015; or 
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(B) For a unit in the State of Kansas (or Indian country 

within the borders of the State) that is not a CSAPR NOX 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 provisional 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 NOX Ozone Season unit is subject to the 

Acid Rain Program or a CSAPR NOX 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 chapter (concerning monitoring of NOX mass emissions) 

for such unit for the entire year and report the NOX mass 

emissions data and heat input data for such unit for the entire 

year. 
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(ii) If a CSAPR NOX Ozone Season unit is not subject to the 

Acid Rain Program or a CSAPR NOX 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 NOX mass 

emissions data and heat input data for 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 NOX

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 SO2 Group 1 Trading Program

47. The heading of subpart CCCCC is revised to read as set 

forth above.

§ 97.602 [Amended]

48. 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 definition of “Cogeneration system”, by removing 

“steam turbine generator” and adding in its place “generator”;
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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]

50. Section 97.606 is amended:

a. In the heading of paragraph (c)(4), by adding “CSAPR SO2

Group 1” before “allowances”; and

b. In paragraph (d)(2), by removing “subpart H” and adding 

in its place “subpart B”.

§ 97.610 State SO2 Group 1 trading budgets, new unit setasides, Indian country new unit set-asides, and variability 

limits.

51. Section 97.610 is amended:

a. By revising the heading as set forth above;

b. By removing “SO2 trading budget” wherever it appears and 

adding in its place “SO2 Group 1 trading budget”;
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c. By removing “SO2 new unit set-aside” wherever it appears 

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

d. By removing “SO2 Indian country new unit set-aside” 

wherever it appears and adding in its place “Indian country new 

unit set-aside”;

e. By removing “SO2 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. By adding and reserving paragraphs (a)(2)(vi) and 

(a)(11)(vi); and

h. In paragraph (c), by adding after “Each” the word 

“State”, and by removing “set aside” wherever it appears and 

adding in its place “set-aside”.

§ 97.611 [Amended]

52. Section 97.611 is amended:

a. In 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”; 
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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 “§ 52.39(e) 

or (f)” 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”.

§ 97.612 [Amended]

53. 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. In 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
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h. In paragraph (b)(11), by adding after “paragraphs 

(b)(9), (10) and (12)” the words “of this section”.

§ 97.621 [Amended]

54. Section 97.621 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(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]

55. 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]

56. Section 97.628 is amended in paragraph (b) by removing 

“paragraph (a)(1)” and adding in its place “paragraph (a)”.

§ 97.630 [Amended]

57. Section 97.630 is amended:

a. In paragraph (b) introductory text, by adding after 

“operator” the words “of a CSAPR SO2 Group 1 unit”, by adding 
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“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. In 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]

58. Section 97.631 is amended:

a. In paragraph (d)(3) introductory text, by removing “§§” 

and adding in its place “§”; and

b. By 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”;
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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 SO2 Group 2 Trading Program

60. The heading of subpart DDDDD is revised to read as set 

forth above.

§ 97.702 [Amended]

61. 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 definition of “Commence commercial operation”, in 

paragraph (2) introductory text, by adding after “defined in” 

the word “the”;
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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]

62. 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]

63. Section 97.706 is amended:

a. In the heading of paragraph (c)(4), by adding “CSAPR SO2

Group 2” before “allowances”; and

b. In paragraph (d)(2), by removing “subpart H” and adding 

in its place “subpart B”.

§ 97.710 State SO2 Group 2 trading budgets, new unit setasides, Indian country new unit set-asides, and variability 

limits.

64. Section 97.710 is amended:

a. By revising the heading as set forth above;

b. By removing “SO2 trading budget” wherever it appears and 

adding in its place “SO2 Group 2 trading budget”;

c. By removing “SO2 new unit set-aside” wherever it appears 

and adding in its place “new unit set-aside”;
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d. By removing “SO2 Indian country new unit set-aside” 

wherever it appears and adding in its place “Indian country new 

unit set-aside”;

e. By removing “SO2 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]

65. Section 97.711 is amended:

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”;
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e. In paragraph (c)(5)(ii) introductory text, by removing 

“of this paragraph” and adding in its place “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]

66. 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. In 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]
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67. 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. In 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]

68. 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]

70. Section 97.730 is amended:

a. In paragraph (b) introductory text, by adding after 

“operator” the words “of a CSAPR SO2 Group 2 unit”, by adding 
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“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. In 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”.

§ 97.731 [Amended]

71. Section 97.731 is amended:

a. In paragraph (d)(3) introductory text, by removing “§§” 

and adding in its place “§”; and

b. By redesignating paragraphs (d)(3)(v)(A)(1) through (3) 

as paragraphs (d)(3)(v)(A)(1) through (3).

§ 97.734 [Amended]

72. Section 97.734 is amended:

a. In paragraph (b) by adding “the” before “requirements”;
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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”.