Withdrawal from NO X Budget Trading Program.

(a) Requesting withdrawal. To withdraw from the NO X Budget Trading Program, the NO X authorized account representative of a NO X Budget opt-in unit shall submit to the Administrator and the permitting authority a request to withdraw effective as of a specified date prior to May 1 or after September 30. The submission shall be made no later than 90 days prior to the requested effective date of withdrawal. (b) Conditions for withdrawal. Before a NO X Budget opt-in unit covered by a request under paragraph (a) of this section may withdraw from the NO X Budget Trading Program and the NO X Budget opt-in permit may be terminated under paragraph (e) of this section, the following conditions must be met: (1) For the control period immediately before the withdrawal is to be effective, the NO X authorized account representative must submit or must have submitted to the Administrator and the permitting authority an annual compliance certification report in accordance with § 97.30. (2) If the NO X Budget opt-in unit has excess emissions for the control period immediately before the withdrawal is to be effective, the Administrator will deduct or has deducted from the NO X Budget opt-in unit's compliance account, or the overdraft account of the NO X Budget source where the NO X Budget opt-in unit is located, the full amount required under § 97.54(d) for the control period. (3) After the requirements for withdrawal under paragraphs (b)(1) and (2) of this section are met, the Administrator will deduct from the NO X Budget opt-in unit's compliance account, or the overdraft account of the NO X Budget source where the NO X Budget opt-in unit is located, NO X allowances equal in number to and allocated for the same or a prior control period as any NO X allowances allocated to that source under § 97.88 for any control period for which the withdrawal is to be effective. The Administrator will close the NO X Budget opt-in unit's compliance account and transfer any remaining allowances to a general account specified by the owners and operators of the NO X Budget opt-in unit. (c) A NO X Budget opt-in unit that withdraws from the NO X Budget Trading Program shall comply with all requirements under the NO X Budget Trading Program concerning all years for which such NO X Budget opt-in unit was a NO X Budget opt-in unit, even if such requirements arise or must be complied with after the withdrawal takes effect. (d) Notification. (1) After the requirements for withdrawal under paragraphs (a) and (b) of this section are met (including deduction of the full amount of NO X allowances required), the Administrator will issue a notification to the permitting authority and the NO X authorized account representative of the NO X Budget opt-in unit of the acceptance of the withdrawal of the NO X Budget opt-in unit as of a specified effective date that is after such requirements have been met and that is prior to May 1 or after September 30. (2) If the requirements for withdrawal under paragraphs (a) and (b) of this section are not met, the Administrator will issue a notification to the permitting authority and the NO X authorized account representative of the NO X Budget opt-in unit that the request to withdraw is denied. If the NO X Budget opt-in unit's request to withdraw is denied, the NO X Budget opt-in unit shall remain subject to the requirements for a NO X Budget opt-in unit. (e) Permit revision. After the Administrator issues a notification under paragraph (d)(1) of this section that the requirements for withdrawal have been met, the permitting authority will revise the NO X Budget permit covering the NO X Budget opt-in unit to terminate the NO X Budget opt-in permit as of the effective date specified under paragraph (d)(1) of this section. A NO X Budget opt-in unit shall continue to be a NO X Budget opt-in unit until the effective date of the termination. (f) Reapplication upon failure to meet conditions of withdrawal. If the Administrator denies the request to withdraw the NO X Budget opt-in unit, the NO X authorized account representative may submit another request to withdraw in accordance with paragraphs (a) and (b) of this section. (g) Ability to return to the NO X Budget Trading Program. Once a NO X Budget opt-in unit withdraws from the NO X Budget Trading Program and its NO X Budget opt-in permit is terminated under paragraph (e) of this section, the NO X authorized account representative may not submit another application for a NO X Budget opt-in permit under § 97.83 for the unit prior to the date that is 4 years after the date on which the terminated NO X Budget opt-in permit became effective.