# 97.6 Standard requirements.
(a) *Permit requirements.* (1) The NO<sub>X</sub> authorized account representative of each NO<sub>X</sub> Budget source required to have a federally enforceable permit and each NO<sub>X</sub> Budget unit required to have a federally enforceable permit at the source shall:
(i) Submit to the permitting authority a complete NO<sub>X</sub> Budget permit application under § 97.22 in accordance with the deadlines specified in § 97.21(b) and (c);
(ii) Submit in a timely manner any supplemental information that the permitting authority determines is necessary in order to review a NO<sub>X</sub> Budget permit application and issue or deny a NO<sub>X</sub> Budget permit.
(2) The owners and operators of each NO<sub>X</sub> Budget source required to have a federally enforceable permit and each NO<sub>X</sub> Budget unit required to have a federally enforceable permit at the source shall have a NO<sub>X</sub> Budget permit issued by the permitting authority and operate the unit in compliance with such NO<sub>X</sub> Budget permit.
(3) The owners and operators of a NO<sub>X</sub> Budget source that is not otherwise required to have a federally enforceable permit are not required to submit a NO<sub>X</sub> Budget permit application, and to have a NO<sub>X</sub> Budget permit, under subpart C of this part for such NO<sub>X</sub> Budget source.
(b) *Monitoring requirements.* (1) The owners and operators and, to the extent applicable, the NO<sub>X</sub> authorized account representative of each NO<sub>X</sub> Budget source and each NO<sub>X</sub> Budget unit at the source shall comply with the monitoring requirements of subpart H of this part.
(2) The emissions measurements recorded and reported in accordance with subpart H of this part shall be used to determine compliance by the unit with the NO<sub>X</sub> Budget emissions limitation under paragraph (c) of this section.
(c) *Nitrogen oxides requirements.* (1) The owners and operators of each NO<sub>X</sub> Budget source and each NO<sub>X</sub> Budget unit at the source shall hold NO<sub>X</sub> allowances available for compliance deductions under § 97.54(a), (b), (e), or (f) as of the NO<sub>X</sub> allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NO<sub>X</sub> emissions for the control period from the unit, as determined in accordance with subpart H of this part, plus any amount necessary to account for actual heat input under § 97.42(e) for the control period or to account for excess emissions for a prior control period under § 97.54(d) or to account for withdrawal from the NO<sub>X</sub> Budget Trading Program, or a change in regulatory status, of a NO<sub>X</sub> Budget opt-in unit under § 97.86 or § 97.87.
(2) Each ton of nitrogen oxides emitted in excess of the NO<sub>X</sub> Budget emissions limitation shall constitute a separate violation of this part, the Clean Air Act, and applicable State law.
(3) A NO<sub>X</sub> Budget unit shall be subject to the requirements under paragraph (c)(1) of this section starting on the later of May 31, 2004 or the date on which the unit commences operation.
(4) NO<sub>X</sub> allowances shall be held in, deducted from, or transferred among NO<sub>X</sub> Allowance Tracking System accounts in accordance with subparts E, F, G, and I of this part.
(5) A NO<sub>X</sub> allowance shall not be deducted, in order to comply with the requirements under paragraph (c)(1) of this section, for a control period in a year prior to the year for which the NO<sub>X</sub> allowance was allocated.
(6) A NO<sub>X</sub> allowance allocated by the Administrator under the NO<sub>X</sub> Budget Trading Program is a limited authorization to emit one ton of nitrogen oxides in accordance with the NO<sub>X</sub> Budget Trading Program. No provision of the NO<sub>X</sub> Budget Trading Program, the NO<sub>X</sub> Budget permit application, the NO<sub>X</sub> Budget permit, or an exemption under § 97.4(b) or § 97.5 and no provision of law shall be construed to limit the authority of the United States to terminate or limit such authorization.
(7) A NO<sub>X</sub> allowance allocated by the Administrator under the NO<sub>X</sub> Budget Trading Program does not constitute a property right.
(8) Upon recordation by the Administrator under subpart F or G of this part, every allocation, transfer, or deduction of a NO<sub>X</sub> allowance to or from a NO<sub>X</sub> Budget unit's compliance account or the overdraft account of the source where the unit is located is incorporated automatically in any NO<sub>X</sub> Budget permit of the NO<sub>X</sub> Budget unit.
(d) *Excess emissions requirements.* (1) The owners and operators of a NO<sub>X</sub> Budget unit that has excess emissions in any control period shall:
(i) Surrender the NO<sub>X</sub> allowances required for deduction under § 97.54(d)(1); and
(ii) Pay any fine, penalty, or assessment or comply with any other remedy imposed under § 97.54(d)(3).
(e) *Recordkeeping and reporting requirements.* (1) Unless otherwise provided, the owners and operators of the NO<sub>X</sub> Budget source and each NO<sub>X</sub> Budget unit at the source shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the permitting authority or the Administrator.
(i) The account certificate of representation under § 97.13 for the NO<sub>X</sub> authorized account representative for the source and each NO<sub>X</sub> Budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation; provided that the certificate and documents shall be retained on site at the source beyond such 5-year period until such documents are superseded because of the submission of a new account certificate of representation under § 97.13 changing the NO<sub>X</sub> authorized account representative.
(ii) All emissions monitoring information, in accordance with subpart H of this part; provided that to the extent that subpart H of this part provides for a 3-year period for recordkeeping, the 3-year period shall apply.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the NO<sub>X</sub> Budget Trading Program.
(iv) Copies of all documents used to complete a NO<sub>X</sub> Budget permit application and any other submission under the NO<sub>X</sub> Budget Trading Program or to demonstrate compliance with the requirements of the NO<sub>X</sub> Budget Trading Program.
(2) The NO<sub>X</sub> authorized account representative of a NO<sub>X</sub> Budget source and each NO<sub>X</sub> Budget unit at the source shall submit the reports and compliance certifications required under the NO<sub>X</sub> Budget Trading Program, including those under subpart D, H, or I of this part.
(f) *Liability.* (1) Any person who knowingly violates any requirement or prohibition of the NO<sub>X</sub> Budget Trading Program, a NO<sub>X</sub> Budget permit, or an exemption under § 97.4(b) or § 97.5 shall be subject to enforcement pursuant to applicable State or Federal law.
(2) Any person who knowingly makes a false material statement in any record, submission, or report under the NO<sub>X</sub> Budget Trading Program shall be subject to criminal enforcement pursuant to the applicable State or Federal law.
(3) No permit revision shall excuse any violation of the requirements of the NO<sub>X</sub> Budget Trading Program that occurs prior to the date that the revision takes effect.
(4) Each NO<sub>X</sub> Budget source and each NO<sub>X</sub> Budget unit shall meet the requirements of the NO<sub>X</sub> Budget Trading Program.
(5) Any provision of the NO<sub>X</sub> Budget Trading Program that applies to a NO<sub>X</sub> Budget source or the NO<sub>X</sub> authorized account representative of a NO<sub>X</sub> Budget source shall also apply to the owners and operators of such source and of the NO<sub>X</sub> Budget units at the source.
(6) Any provision of the NO<sub>X</sub> Budget Trading Program that applies to a NO<sub>X</sub> Budget unit or the NO<sub>X</sub> authorized account representative of a NO<sub>X</sub> budget unit shall also apply to the owners and operators of such unit. Except with regard to the requirements applicable to units with a common stack under subpart H of this part, the owners and operators and the NO<sub>X</sub> authorized account representative of one NO<sub>X</sub> Budget unit shall not be liable for any violation by any other NO<sub>X</sub> Budget unit of which they are not owners or operators or the NO<sub>X</sub> authorized account representative and that is located at a source of which they are not owners or operators or the NO<sub>X</sub> authorized account representative.
(g) *Effect on other authorities.* No provision of the NO<sub>X</sub> Budget Trading Program, a NO<sub>X</sub> Budget permit application, a NO<sub>X</sub> Budget permit, or an exemption under § 97.4(b) or § 97.5 shall be construed as exempting or excluding the owners and operators and, to the extent applicable, the NO<sub>X</sub> authorized account representative of a NO<sub>X</sub> Budget source or NO<sub>X</sub> Budget unit from compliance with any other provision of the applicable, approved State implementation plan, a federally enforceable permit, or the Clean Air Act.
[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21529, Apr. 30, 2002]