[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR74.43]

[Page 190-191]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 74--SULFUR DIOXIDE OPT-INS--Table of Contents
 
  Subpart E--Allowance Tracking and Transfer and End of Year Compliance
 
Sec. 74.43  Annual compliance certification report.

    (a) Applicability and deadline. For each calendar year in which an 
opt-in source is subject to the Acid Rain emissions limitations, the 
designated representative of the opt-in source shall submit to the 
Administrator, no later than 60 days after the end of the calendar year, 
an annual compliance certification report for the opt-in source in lieu 
of any annual compliance certification report required under subpart I 
of part 72 of this chapter.
    (b) Contents of report. The designated representative shall include 
in the annual compliance certification report the following elements, in 
a format prescribed by the Administrator, concerning the opt-in source 
and the calendar year covered by the report:
    (1) Identification of the opt-in source;
    (2) An opt-in utilization report in accordance with Sec. 74.44 for 
combustion sources and Sec. 74.45 for process sources;

[[Page 191]]

    (3) A thermal energy compliance report in accordance with Sec. 74.47 
for combustion sources and Sec. 74.48 for process sources, if 
applicable;
    (4) Shutdown or reconstruction information in accordance with 
Sec. 74.46, if applicable;
    (5) A statement that the opt-in source has not become an affected 
unit under Sec. 72.6 of this chapter;
    (6) At the designated representative's option, the total number of 
allowances to be deducted for the year, using the formula in Sec. 74.49, 
and the serial numbers of the allowances that are to be deducted; and
    (7) At the designated representative's option, for opt-in sources 
that share a common stack and whose emissions of sulfur dioxide are not 
monitored separately or apportioned in accordance with part 75 of this 
chapter, the percentage of the total number of allowances under 
paragraph (b)(6) of this section for all such affected units that is to 
be deducted from each affected unit's compliance subaccount; and
    (8) The compliance certification under paragraph (c) of this 
section.
    (c) Annual compliance certification. In the annual compliance 
certification report under paragraph (a) of this section, the designated 
representative shall certify, based on reasonable inquiry of those 
persons with primary responsibility for operating the opt-in source in 
compliance with the Acid Rain Program, whether the opt-in source was 
operated during the calendar year covered by the report in compliance 
with the requirements of the Acid Rain Program applicable to the opt-in 
source, including:
    (1) Whether the opt-in source was operated in compliance with 
applicable Acid Rain emissions limitations, including whether the opt-in 
source held allowances, as of the allowance transfer deadline, in its 
compliance subaccount (after accounting for any allowance deductions or 
other adjustments under Sec. 73.34(c) of this chapter) not less than the 
opt-in source's total sulfur dioxide emissions during the calendar year 
covered by the annual report;
    (2) Whether the monitoring plan that governs the opt-in source has 
been maintained to reflect the actual operation and monitoring of the 
opt-in source and contains all information necessary to attribute 
monitored emissions to the opt-in source;
    (3) Whether all the emissions from the opt-in source or group of 
affected units (including the opt-in source) using a common stack were 
monitored or accounted for through the missing data procedures and 
reported in the quarterly monitoring reports in accordance with part 75 
of this chapter;
    (4) Whether the facts that form the basis for certification of each 
monitor at the opt-in source or group of affected units (including the 
opt-in source) using a common stack or of an opt-in source's 
qualifications for using an Acid Rain Program excepted monitoring method 
or approved alternative monitoring method, if any, have changed;
    (5) If a change is required to be reported under paragraph (c)(4) of 
this section, specify the nature of the change, the reason for the 
change, when the change occurred, and how the unit's compliance status 
was determined subsequent to the change, including what method was used 
to determine emissions when a change mandated the need for monitoring 
recertification; and
    (6) When applicable, whether the opt-in source was operating in 
compliance with its thermal energy plan as provided in Sec. 74.47 for 
combustion sources and Sec. 74.48 for process sources.