[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: 40CFR75.20]

[Page 242-256]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
            Subpart C--Operation and Maintenance Requirements
 
Sec. 75.20  Initial certification and recertification procedures.


    (a) Initial certification approval process. The owner or operator 
shall ensure that each continuous emission or opacity monitoring system 
required by this part meets the initial certification requirements of 
this section and shall ensure that all applicable initial certification 
tests under paragraph (c) of this section are completed by the deadlines 
specified in Sec. 75.4 and prior to use in the Acid Rain Program. In 
addition, whenever the owner or operator installs a continuous emission 
or opacity monitoring system in order to meet the requirements of 
Secs. 75.11 through 75.18, where no continuous emission or opacity 
monitoring system was previously installed, initial certification is 
required.
    (1) Notification of initial certification test dates. The owner or 
operator or designated representative shall submit a written notice of 
the dates of initial certification testing at the unit as specified in 
Sec. 75.61(a)(1).
    (2) Certification application. The owner or operator shall apply for 
certification of each continuous emission or opacity monitoring system 
used under the Acid Rain Program. The owner or operator shall submit the 
certification application in accordance with Sec. 75.60 and each 
complete certification application shall include the information 
specified in Sec. 75.63.
    (3) Provisional approval of certification (or recertification) 
applications. Upon the successful completion of the required 
certification (or recertification) procedures of this section, each 
continuous emission or opacity monitoring system shall be deemed 
provisionally certified (or recertified) for use under the Acid Rain 
Program for a period not to exceed 120 days following receipt by the 
Administrator of the complete certification (or recertification) 
application under paragraph (a)(4) of this section. Notwithstanding this 
paragraph, no continuous emission or opacity monitor systems for a 
combustion source seeking to enter the Opt-in Program in accordance with 
part 74 of this chapter shall be deemed provisionally certified (or 
recertified) for use under the Acid Rain Program. Data measured and 
recorded by a provisionally certified (or recertified) continuous 
emission or opacity monitoring system , operated in accordance with the 
requirements of appendix B to this part, will be considered valid 
quality-assured data (retroactive to the date and time of provisional 
certification or recertification), provided that the Administrator does 
not invalidate the provisional certification (or recertification) by 
issuing a notice of disapproval within 120 days of receipt by the 
Administrator of the complete certification (or recertification) 
application. Note that when the conditional data validation procedures 
of paragraph (b)(3) of this section are used for the initial 
certification (or recertification) of a continuous emissions monitoring 
system, the date and time of provisional certification (or 
recertification) of the CEMS may be earlier than the date and time of 
completion of the required certification (or recertification) tests.
    (4) Certification (or recertification) application formal approval 
process. The Administrator will issue a notice of approval or 
disapproval of the certification (or recertification) application to the 
owner or operator within 120 days of receipt of the complete 
certification (or recertification) application. In the event the 
Administrator does not issue such a notice within 120 days of receipt, 
each continuous emission or opacity monitoring system which meets the 
performance requirements of this part and is included in the 
certification (or recertification) application will be deemed certified 
(or recertified) for use under the Acid Rain Program.
    (i) Approval notice. If the certification (or recertification) 
application is complete and shows that each continuous emission or 
opacity monitoring system meets the performance requirements of this 
part, then the Administrator will issue a notice of approval of the 
certification (or recertification) application within 120 days of 
receipt.

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    (ii) Incomplete application notice. A certification (or 
recertification) application will be considered complete when all of the 
applicable information required to be submitted in Sec. 75.63 has been 
received by the Administrator, the EPA Regional Office, and the 
appropriate State and/or local air pollution control agency. If the 
certification (or recertification) application is not complete, then the 
Administrator will issue a notice of incompleteness that provides a 
reasonable timeframe for the designated representative to submit the 
additional information required to complete the certification (or 
recertification) application. If the designated representative has not 
complied with the notice of incompleteness by a specified due date, then 
the Administrator may issue a notice of disapproval specified under 
paragraph (a)(4)(iii) of this section. The 120-day review period shall 
not begin prior to receipt of a complete application.
    (iii) Disapproval notice. If the certification (or recertification) 
application shows that any continuous emission or opacity monitoring 
system does not meet the performance requirements of this part, or if 
the certification (or recertification) application is incomplete and the 
requirement for disapproval under paragraph (a)(4)(ii) of this section 
has been met, the Administrator shall issue a written notice of 
disapproval of the certification (or recertification) application within 
120 days of receipt. By issuing the notice of disapproval, the 
provisional certification (or recertification) is invalidated by the 
Administrator, and the data measured and recorded by each uncertified 
continuous emission or opacity monitoring system shall not be considered 
valid quality-assured data as follows: from the hour of the probationary 
calibration error test that began the initial certification (or 
recertification) test period (if the conditional data validation 
procedures of paragraph (b)(3) of this section were used to 
retrospectively validate data); or from the date and time of completion 
of the invalid certification or recertification tests (if the 
conditional data validation procedures of paragraph (b)(3) of this 
section were not used). The owner or operator shall follow the 
procedures for loss of initial certification in paragraph (a)(5) of this 
section for each continuous emission or opacity monitoring system which 
is disapproved for initial certification. For each disapproved 
recertification, the owner or operator shall follow the procedures of 
paragraph (b)(5) of this section.
    (iv) Audit decertification. The Administrator may issue a notice of 
disapproval of the certification status of a continuous emission or 
opacity monitoring system, in accordance with Sec. 75.21.
    (5) Procedures for loss of certification. When the Administrator 
issues a notice of disapproval of a certification application or a 
notice of disapproval of certification status (as specified in paragraph 
(a)(4) of this section), then:
    (i) Until such time, date, and hour as the continuous emission 
monitoring system can be adjusted, repaired, or replaced and 
certification tests successfully completed (or, if the conditional data 
validation procedures in paragraphs (b)(3)(ii) through (b)(3)(ix) of 
this section are used, until a probationary calibration error test is 
passed following corrective actions in accordance with paragraph 
(b)(3)(ii) of this section), the owner or operator shall substitute the 
following values, as applicable, for each hour of unit operation during 
the period of invalid data specified in paragraph (a)(4)(iii) of this 
section or in Sec. 75.21: the maximum potential concentration of 
SO2, as defined in section 2.1.1.1 of appendix A to this 
part, to report SO2 concentration; the maximum potential 
NOX emission rate, as defined in Sec. 72.2 of this chapter, 
to report NOX emissions in lb/mmBtu; the maximum potential 
concentration of NOX, as defined in section 2.1.2.1 of 
appendix A to this part, to report NOX emissions in ppm (when 
a NOX concentration monitoring system is used to determine 
NOX mass emissions, as defined under Sec. 75.71(a)(2)); the 
maximum potential flow rate, as defined in section 2.1.4.1 of appendix A 
to this part, to report volumetric flow; the maximum potential 
concentration of CO2, as defined in section 2.1.3.1 of 
appendix A to this part, to report CO2 concentration data; 
and either the

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minimum potential moisture percentage, as defined in section 2.1.5 of 
appendix A to this part or, if Equation 19-3, 19-4 or 19-8 in Method 19 
in appendix A to part 60 of this chapter is used to determine 
NOX emission rate, the maximum potential moisture percentage, 
as defined in section 2.1.6 of appendix A to this part; and
    (ii) The designated representative shall submit a notification of 
certification retest dates as specified in Sec. 75.61(a)(1)(ii) and a 
new certification application according to the procedures in paragraph 
(a)(2) of this section; and
    (iii) The owner or operator shall repeat all certification tests or 
other requirements that were failed by the continuous emission or 
opacity monitoring system, as indicated in the Administrator's notice of 
disapproval, no later than 30 unit operating days after the date of 
issuance of the notice of disapproval.
    (b) Recertification approval process. Whenever the owner or operator 
makes a replacement, modification, or change in a certified continuous 
emission monitoring system or continuous opacity monitoring system that 
may significantly affect the ability of the system to accurately measure 
or record the SO2 or CO2 concentration, stack gas 
volumetric flow rate, NOX emission rate, percent moisture, or 
opacity, or to meet the requirements of Sec. 75.21 or appendix B to this 
part, the owner or operator shall recertify the continuous emission 
monitoring system or continuous opacity monitoring system, according to 
the procedures in this paragraph. Furthermore, whenever the owner or 
operator makes a replacement, modification, or change to the flue gas 
handling system or the unit operation that may significantly change the 
flow or concentration profile, the owner or operator shall recertify the 
monitoring system according to the procedures in this paragraph. 
Examples of changes which require recertification include: replacement 
of the analyzer; change in location or orientation of the sampling probe 
or site; and complete replacement of an existing continuous emission 
monitoring system or continuous opacity monitoring system. The owner or 
operator shall recertify a continuous opacity monitoring system whenever 
the monitor path length changes or as required by an applicable State or 
local regulation or permit. Any change to a flow monitor or gas 
monitoring system for which a RATA is not necessary shall not be 
considered a recertification event. In addition, changing the polynomial 
coefficients or K factor(s) of a flow monitor shall require a 3-load 
RATA, but is not considered to be a recertification event; however, 
records of the polynomial coefficients or K factor (s) currently in use 
shall be maintained on-site in a format suitable for inspection. 
Changing the coefficient or K factor(s) of a moisture monitoring system 
shall require a RATA, but is not considered to be a recertification 
event; however, records of the coefficient or K factor (s) currently in 
use by the moisture monitoring system shall be maintained on-site in a 
format suitable for inspection. In such cases, any other tests that are 
necessary to ensure continued proper operation of the monitoring system 
(e.g., 3-load flow RATAs following changes to flow monitor polynomial 
coefficients, linearity checks, calibration error tests, DAHS 
verifications, etc.) shall be performed as diagnostic tests, rather than 
as recertification tests. The data validation procedures in paragraph 
(b)(3) of this section shall be applied to RATAs associated with changes 
to flow or moisture monitor coefficients, and to linearity checks, 7-day 
calibration error tests, and cycle time tests, when these are required 
as diagnostic tests. When the data validation procedures of paragraph 
(b)(3) of this section are applied in this manner, replace the word 
``recertification'' with the word ``diagnostic.''
    (1) Tests required. For all recertification testing, the owner or 
operator shall complete all initial certification tests in paragraph (c) 
of this section that are applicable to the monitoring system, except as 
otherwise approved by the Administrator. For diagnostic testing after 
changing the flow rate monitor polynomial coefficients, the owner or 
operator shall complete a 3-level RATA. For diagnostic testing

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after changing the K factor or mathematical algorithm of a moisture 
monitoring system, the owner or operator shall complete a RATA.
    (2) Notification of recertification test dates. The owner, operator, 
or designated representative shall submit notice of testing dates for 
recertification under this paragraph as specified in 
Sec. 75.61(a)(1)(ii), unless all of the tests in paragraph (c) of this 
section are required for recertification, in which case the owner or 
operator shall provide notice in accordance with the notice provisions 
for initial certification testing in Sec. 75.61(a)(1)(i).
    (3) Recertification test period requirements and data validation. 
The data validation provisions in paragraphs (b)(3)(i) through 
(b)(3)(ix) of this section shall apply to all CEMS recertifications and 
diagnostic testing. The provisions in paragraphs (b)(3)(ii) through 
(b)(3)(ix) of this section may also be applied to initial certifications 
(see sections 6.2(a), 6.3.1(a), 6.3.2(a), 6.4(a) and 6.5(f) of appendix 
A to this part) and may be used to supplement the linearity check and 
RATA data validation procedures in sections 2.2.3(b) and 2.3.2(b) of 
appendix B to this part.
    (i) The owner or operator shall use substitute data, according to 
the standard missing data procedures in Secs. 75.33 through 75.37 (or 
shall report emission data using a reference method or another 
monitoring system that has been certified or approved for use under this 
part), in the period extending from the hour of the replacement, 
modification or change made to a monitoring system that triggers the 
need to perform recertification testing, until either: the hour of 
successful completion of all of the required recertification tests; or 
the hour in which a probationary calibration error test (according to 
paragraph (b)(3)(ii) of this section) is performed and passed, following 
all necessary repairs, adjustments or reprogramming of the monitoring 
system. The first hour of quality-assured data for the recertified 
monitoring system shall either be the hour after all recertification 
tests have been completed or, if conditional data validation is used, 
the first quality-assured hour shall be determined in accordance with 
paragraphs (b)(3)(ii) through (b)(3)(ix) of this section. 
Notwithstanding these requirements, if the replacement, modification, or 
change requiring recertification of the CEMS is such that the historical 
data stream is no longer representative (e.g., where the SO2 
concentration and stack flow rate change significantly after 
installation of a wet scrubber), the owner or operator shall substitute 
for missing data as follows, in lieu of using the standard missing data 
procedures in Secs. 75.33 through 75.37: for a change that results in a 
significantly higher concentration or flow rate, substitute maximum 
potential values according to the procedures in paragraph (a)(5) of this 
section; or for a change that results in a significantly lower 
concentration or flow rate, substitute data using the standard missing 
data procedures. The owner or operator shall then use the initial 
missing data procedures in Sec. 75.31, beginning with the first hour of 
quality-assured data obtained with the recertified monitoring system, 
unless otherwise provided by Sec. 75.34 for units with add-on emission 
controls.
    (ii) Once the modification or change to the CEMS has been completed 
and all of the associated repairs, component replacements, adjustments, 
linearization, and reprogramming of the CEMS have been completed, a 
probationary calibration error test is required to establish the 
beginning point of the recertification test period. In this instance, 
the first successful calibration error test of the monitoring system 
following completion of all necessary repairs, component replacements, 
adjustments, linearization and reprogramming shall be the probationary 
calibration error test. The probationary calibration error test must be 
passed before any of the required recertification tests are commenced.
    (iii) Beginning with the hour of commencement of a recertification 
test period, emission data recorded by the CEMS are considered to be 
conditionally valid, contingent upon the results of the subsequent 
recertification tests.
    (iv) Each required recertification test shall be completed no later 
than the following number of unit operating hours (or unit operating 
days) after the

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probationary calibration error test that initiates the test period:
    (A) For a linearity check and/or cycle time test, 168 consecutive 
unit operating hours, as defined in Sec. 72.2 of this chapter or, for 
CEMS installed on common stacks or bypass stacks, 168 consecutive stack 
operating hours, as defined in Sec. 72.2 of this chapter;
    (B) For a RATA (whether normal-load or multiple-load), 720 
consecutive unit operating hours, as defined in Sec. 72.2 of this 
chapter or, for CEMS installed on common stacks or bypass stacks, 720 
consecutive stack operating hours, as defined in Sec. 72.2 of this 
chapter; and
    (C) For a 7-day calibration error test, 21 consecutive unit 
operating days, as defined in Sec. 72.2 of this chapter.
    (v) All recertification tests shall be performed hands-off. No 
adjustments to the calibration of the CEMS, other than the routine 
calibration adjustments following daily calibration error tests as 
described in section 2.1.3 of appendix B to this part, are permitted 
during the recertification test period. Routine daily calibration error 
tests shall be performed throughout the recertification test period, in 
accordance with section 2.1.1 of appendix B to this part. The additional 
calibration error test requirements in section 2.1.3 of appendix B to 
this part shall also apply during the recertification test period.
    (vi) If all of the required recertification tests and required daily 
calibration error tests are successfully completed in succession with no 
failures, and if each recertification test is completed within the time 
period specified in paragraph (b)(3)(iv)(A), (B), or (C) of this 
section, then all of the conditionally valid emission data recorded by 
the CEMS shall be considered quality-assured, from the hour of 
commencement of the recertification test period until the hour of 
completion of the required test(s).
    (vii) If a required recertification test is failed or aborted due to 
a problem with the CEMS, or if a daily calibration error test is failed 
during a recertification test period, data validation shall be done as 
follows:
    (A) If any required recertification test is failed, it shall be 
repeated. If any recertification test other than a 7-day calibration 
error test is failed or aborted due to a problem with the CEMS, the 
original recertification test period is ended, and a new recertification 
test period must be commenced with a probationary calibration error 
test. The tests that are required in the new recertification test period 
will include any tests that were required for the initial 
recertification event which were not successfully completed and any 
recertification or diagnostic tests that are required as a result of 
changes made to the monitoring system to correct the problems that 
caused the failure of the recertification test. For a 2- or 3-load flow 
RATA, if the relative accuracy test is passed at one or more load 
levels, but is failed at a subsequent load level, provided that the 
problem that caused the RATA failure is corrected without re-linearizing 
the instrument, the length of the new recertification test period shall 
be equal to the number of unit operating hours remaining in the original 
recertification test period, as of the hour of failure of the RATA. 
However, if re-linearization of the flow monitor is required after a 
flow RATA is failed at a particular load level, then a subsequent 3-load 
RATA is required, and the new recertification test period shall be 720 
consecutive unit (or stack) operating hours. The new recertification 
test sequence shall not be commenced until all necessary maintenance 
activities, adjustments, linearizations, and reprogramming of the CEMS 
have been completed;
    (B) If a linearity check, RATA, or cycle time test is failed or 
aborted due to a problem with the CEMS, all conditionally valid emission 
data recorded by the CEMS are invalidated, from the hour of commencement 
of the recertification test period to the hour in which the test is 
failed or aborted, except for the case in which a multiple-load flow 
RATA is passed at one or more load levels, failed at a subsequent load 
level, and the problem that caused the RATA failure is corrected without 
re-linearizing the instrument. In that case, data invalidation shall be 
prospective, from the hour of failure of the RATA until the commencement 
of the new recertification test period. Data from the CEMS remain 
invalid until

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the hour in which a new recertification test period is commenced, 
following corrective action, and a probationary calibration error test 
is passed, at which time the conditionally valid status of emission data 
from the CEMS begins again;
    (C) If a 7-day calibration error test is failed within the 
recertification test period, previously-recorded conditionally valid 
emission data from the CEMS are not invalidated. The conditionally valid 
data status is unaffected, unless the calibration error on the day of 
the failed 7-day calibration error test exceeds twice the performance 
specification in section 3 of appendix A to this part, as described in 
paragraph (b)(3)(vii)(D) of this section; and
    (D) If a daily calibration error test is failed during a 
recertification test period (i.e., the results of the test exceed twice 
the performance specification in section 3 of appendix A to this part), 
the CEMS is out-of-control as of the hour in which the calibration error 
test is failed. Emission data from the CEMS shall be invalidated 
prospectively from the hour of the failed calibration error test until 
the hour of completion of a subsequent successful calibration error test 
following corrective action, at which time the conditionally valid 
status of data from the monitoring system resumes. Failure to perform a 
required daily calibration error test during a recertification test 
period shall also cause data from the CEMS to be invalidated 
prospectively, from the hour in which the calibration error test was due 
until the hour of completion of a subsequent successful calibration 
error test. Whenever a calibration error test is failed or missed during 
a recertification test period, no further recertification tests shall be 
performed until the required subsequent calibration error test has been 
passed, re-establishing the conditionally valid status of data from the 
monitoring system. If a calibration error test failure occurs while a 
linearity check or RATA is still in progress, the linearity check or 
RATA must be re-started.
    (E) Trial gas injections and trial RATA runs are permissible during 
the recertification test period, prior to commencing a linearity check 
or RATA, for the purpose of optimizing the performance of the CEMS. The 
results of such gas injections and trial runs shall not affect the 
status of previously-recorded conditionally valid data or result in 
termination of the recertification test period, provided that the 
following specifications and conditions are met:
    (1) For gas injections, the stable, ending monitor response is 
within 5 percent or within 5 ppm of the tag value of the 
reference gas;
    (2) For RATA trial runs, the average reference method reading and 
the average CEMS reading for the run differ by no more than 
10% of the average reference method value or 15 
ppm, or 1.5% H2O, or 0.02 lb/mmBtu 
from the average reference method value, as applicable;
    (3) No adjustments to the calibration of the CEMS are made following 
the trial injection(s) or run(s), other than the adjustments permitted 
under section 2.1.3 of appendix B to this part; and
    (4) The CEMS is not repaired, re-linearized or reprogrammed (e.g., 
changing flow monitor polynomial coefficients, linearity constants, or 
K-factors) after the trial injection(s) or run(s).
    (F) If the results of any trial gas injection(s) or RATA run(s) are 
outside the limits in paragraphs (b)(3)(vii)(E)(1) or (2) of this 
section or if the CEMS is repaired, re-linearized or reprogrammed after 
the trial injection(s) or run(s), the trial injection(s) or run(s) shall 
be counted as a failed linearity check or RATA attempt. If this occurs, 
follow the procedures pertaining to failed and aborted recertification 
tests in paragraphs (b)(3)(vii)(A) and (b)(3)(vii)(B) of this section.
    (viii) If any required recertification test is not completed within 
its allotted time period, data validation shall be done as follows. For 
a late linearity test, RATA, or cycle time test that is passed on the 
first attempt, data from the monitoring system shall be invalidated from 
the hour of expiration of the recertification test period until the hour 
of completion of the late test. For a late 7-day calibration error test, 
whether or not it is passed on the first attempt, data from the 
monitoring system shall also be invalidated from the

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hour of expiration of the recertification test period until the hour of 
completion of the late test. For a late linearity test, RATA, or cycle 
time test that is failed on the first attempt or aborted on the first 
attempt due to a problem with the monitor, all conditionally valid data 
from the monitoring system shall be considered invalid back to the hour 
of the first probationary calibration error test which initiated the 
recertification test period. Data from the monitoring system shall 
remain invalid until the hour of successful completion of the late 
recertification test and any additional recertification or diagnostic 
tests that are required as a result of changes made to the monitoring 
system to correct problems that caused failure of the late 
recertification test.
    (ix) If any required recertification test of a monitoring system has 
not been completed by the end of a calendar quarter and if data 
contained in the quarterly report are conditionally valid pending the 
results of test(s) to be completed in a subsequent quarter, the owner or 
operator shall indicate this by means of a suitable conditionally valid 
data flag in the electronic quarterly report for that quarter. The owner 
or operator shall resubmit the report for that quarter if the required 
recertification test is subsequently failed. In the resubmitted report, 
the owner or operator shall use the appropriate missing data routine in 
Sec. 75.31 or Sec. 75.33 to replace with substitute data each hour of 
conditionally valid data that was invalidated by the failed 
recertification test. Alternatively, if any required recertification 
test is not completed by the end of a particular calendar quarter but is 
completed no later than 30 days after the end of that quarter (i.e., 
prior to the deadline for submitting the quarterly report under 
Sec. 75.64), the test data and results may be submitted with the earlier 
quarterly report even though the test date(s) are from the next calendar 
quarter. In such instances, if the recertification test(s) are passed in 
accordance with the provisions of paragraph (b)(3) of this section, 
conditionally valid data may be reported as quality-assured, in lieu of 
reporting a conditional data flag. If the recertification test(s) is 
failed and if conditionally valid data are replaced, as appropriate, 
with substitute data, then neither the reporting of a conditional data 
flag nor resubmission is required. In addition, if the owner or operator 
uses a conditionally valid data flag in any of the four quarterly 
reports for a given year, the owner or operator shall indicate the final 
status of the conditionally valid data (i.e., resolved or unresolved) in 
the annual compliance certification report required under Sec. 72.90 of 
this chapter for that year. The Administrator may invalidate any 
conditionally valid data that remains unresolved at the end of a 
particular calendar year and may require the owner or operator to 
resubmit one or more of the quarterly reports for that calendar year, 
replacing the unresolved conditionally valid data with substitute data 
values determined in accordance with Sec. 75.31 or Sec. 75.33, as 
appropriate.
    (4) Recertification application. The designated representative shall 
apply for recertification of each continuous emission or opacity 
monitoring system used under the Acid Rain Program. The owner or 
operator shall submit the recertification application in accordance with 
Sec. 75.60, and each complete recertification application shall include 
the information specified in Sec. 75.63.
    (5) Approval or disapproval of request for recertification. The 
procedures for provisional certification in paragraph (a)(3) of this 
section shall apply to recertification applications. The Administrator 
will issue a notice of approval, disapproval, or incompleteness 
according to the procedures in paragraph (a)(4) of this section. In the 
event that a recertification application is disapproved, data from the 
monitoring system are invalidated and the applicable missing data 
procedures in Secs. 75.31 or 75.33 shall be used from the date and hour 
of receipt of the disapproval notice back to the hour of the adjustment 
or change to the CEMS that triggered the need for recertification 
testing or, if the conditional data validation procedures in paragraphs 
(b)(3)(ii) through (b)(3)(ix) of this section were used, back to the 
hour of the probationary calibration error test that began the 
recertification test period. Data from the monitoring system remain 
invalid

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until all required recertification tests have been passed or until a 
subsequent probationary calibration error test is passed, beginning a 
new recertification test period. The owner or operator shall repeat all 
recertification tests or other requirements, as indicated in the 
Administrator's notice of disapproval, no later than 30 unit operating 
days after the date of issuance of the notice of disapproval. The 
designated representative shall submit a notification of the 
recertification retest dates, as specified in Sec. 75.61(a)(1)(ii), and 
shall submit a new recertification application according to the 
procedures in paragraph (b)(4) of this section.
    (c) Initial certification and recertification procedures. Prior to 
the deadline in Sec. 75.4, the owner or operator shall conduct initial 
certification tests and in accordance with Sec. 75.63, the designated 
representative shall submit an application to demonstrate that the 
continuous emission or opacity monitoring system and components thereof 
meet the specifications in appendix A to this part. The owner or 
operator shall compare reference method values with output from the 
automated data acquisition and handling system that is part of the 
continuous emission monitoring system being tested. Except as otherwise 
specified in paragraphs (b)(1), (d), and (e) of this section, and in 
sections 6.3.1 and 6.3.2 of appendix A to this part, the owner or 
operator shall perform the following tests for initial certification or 
recertification of continuous emission or opacity monitoring systems or 
components according to the requirements of appendix A to this part:
    (1) For each SO2 pollutant concentration monitor, each 
NOX concentration monitoring system used to determine 
NOX mass emissions, as defined under Sec. 75.71(a)(2), and 
for each NOX-diluent continuous emission monitoring system:
    (i) A 7-day calibration error test, where, for the NOX-
diluent continuous emission monitoring system, the test is performed 
separately on the NOX pollutant concentration monitor and the 
diluent gas monitor;
    (ii) A linearity check, where, for the NOX-diluent 
continuous emission monitoring system, the test is performed separately 
on the NOX pollutant concentration monitor and the diluent 
gas monitor;
    (iii) A relative accuracy test audit. For the NOX-diluent 
continuous emission monitoring system, the RATA shall be done on a 
system basis, in units of lb/mmBtu. For the NOX concentration 
monitoring system, the RATA shall be done on a ppm basis.
    (iv) A bias test; and
    (v) A cycle time test.
    (2) For each flow monitor:
    (i) A 7-day calibration error test;
    (ii) Relative accuracy test audits, as follows:
    (A) A single-load (or single-level) RATA at the normal load (or 
level), as defined in section 6.5.2.1(d) of appendix A to this part, for 
a flow monitor installed on a peaking unit or bypass stack, or for a 
flow monitor exempted from multiple-level RATA testing under section 
6.5.2(e) of appendix A to this part;
    (B) For all other flow monitors, a RATA at each of the three load 
levels (or operating levels) corresponding to the three flue gas 
velocities described in section 6.5.2(a) of appendix A to this part;
    (iii) A bias test for the single-load (or single-level) flow RATA 
described in paragraph (c)(2)(ii)(A) of this section; and
    (iv) A bias test (or bias tests) for the 3-level flow RATA described 
in paragraph (c)(2)(ii)(B) of this section, at the following load or 
operational level(s):
    (A) At each load level designated as normal under section 6.5.2.1(d) 
of appendix A to this part, for units that produce electrical or thermal 
output, or
    (B) At the operational level identified as normal in section 
6.5.2.1(d) of appendix A to this part, for units that do not produce 
electrical or thermal output.
    (3) The initial certification test data from an O2 or a 
CO2 diluent gas monitor certified for use in a NOX 
continuous emission monitoring system may be submitted to meet the 
requirements of paragraph (c)(4) of this section. Also, for a diluent 
monitor that is used both as a CO2 monitoring system and to 
determine heat input, only one set of diluent monitor certification data 
need be

[[Page 250]]

submitted (under the component and system identification numbers of the 
CO2 monitoring system).
    (4) For each CO2 pollutant concentration monitor, each 
CO2 monitoring system that uses an O2 monitor to 
determine CO2 concentration, and each diluent gas monitor 
used only to monitor heat input rate:
    (i) A 7-day calibration error test;
    (ii) A linearity check;
    (iii) A relative accuracy test audit, where, for an O2 
monitor used to determine CO2 concentration, the 
CO2 reference method shall be used for the RATA; and
    (iv) A cycle-time test.
    (5) For each continuous moisture monitoring system consisting of 
wet- and dry-basis O2 analyzers:
    (i) A 7-day calibration error test of each O2 analyzer;
    (ii) A cycle time test of each O2 analyzer;
    (iii) A linearity test of each O2 analyzer; and
    (iv) A RATA, directly comparing the percent moisture measured by the 
monitoring system to a reference method.
    (6) For each continuous moisture sensor: A RATA, directly comparing 
the percent moisture measured by the monitor sensor to a reference 
method.
    (7) For a continuous moisture monitoring system consisting of a 
temperature sensor and a data acquisition and handling system (DAHS) 
software component programmed with a moisture lookup table:
    (i) A demonstration that the correct moisture value for each hour is 
being taken from the moisture lookup tables and applied to the emission 
calculations. At a minimum, the demonstration shall be made at three 
different temperatures covering the normal range of stack temperatures 
from low to high.
    (ii) [Reserved]
    (8) The owner or operator shall ensure that initial certification or 
recertification of a continuous opacity monitor for use under the Acid 
Rain Program is conducted according to one of the following procedures:
    (i) Performance of the tests for initial certification or 
recertification, according to the requirements of Performance 
Specification 1 in appendix B to part 60 of this chapter; or
    (ii) A continuous opacity monitoring system tested and certified 
previously under State or other Federal requirements to meet the 
requirements of Performance Specification 1 shall be deemed certified 
for the purposes of this part.
    (9) For the automated data acquisition and handling system, tests 
designed to verify:
    (i) Proper computation of hourly averages for pollutant 
concentrations, flow rate, pollutant emission rates, and pollutant mass 
emissions; and
    (ii) Proper computation and application of the missing data 
substitution procedures in subpart D of this part and the bias 
adjustment factors in section 7 of appendix A to this part.
    (10) The owner or operator shall provide adequate facilities for 
initial certification or recertification testing that include:
    (i) Sampling ports adequate for test methods applicable to such 
facility, such that:
    (A) Volumetric flow rate, pollutant concentration, and pollutant 
emission rates can be accurately determined by applicable test methods 
and procedures; and
    (B) A stack or duct free of cyclonic flow during performance tests 
is available, as demonstrated by applicable test methods and procedures.
    (ii) Basic facilities (e.g., electricity) for sampling and testing 
equipment.
    (d) Initial certification and recertification and quality assurance 
procedures for optional backup continuous emission monitoring systems. 
(1) Redundant backups. The owner or operator of an optional redundant 
backup CEMS shall comply with all the requirements for initial 
certification and recertification according to the procedures specified 
in paragraphs (a), (b), and (c) of this section. The owner or operator 
shall operate the redundant backup CEMS during all periods of unit 
operation, except for periods of calibration, quality assurance, 
maintenance, or repair. The owner or operator shall perform upon the 
redundant backup CEMS all quality assurance and quality control 
procedures specified in appendix B to this part, except that the daily 
assessments

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in section 2.1 of appendix B to this part are optional for days on which 
the redundant backup CEMS is not used to report emission data under this 
part. For any day on which a redundant backup CEMS is used to report 
emission data, the system must meet all of the applicable daily 
assessment criteria in appendix B to this part.
    (2) Non-redundant backups. The owner or operator of an optional non-
redundant backup CEMS or like-kind replacement analyzer shall comply 
with all of the following requirements for initial certification, 
quality assurance, recertification, and data reporting:
    (i) Except as provided in paragraph (d)(2)(v) of this section, for a 
regular non-redundant backup CEMS (i.e., a non-redundant backup CEMS 
that has its own separate probe, sample interface, and analyzer), or a 
non-redundant backup flow monitor, all of the tests in paragraph (c) of 
this section are required for initial certification of the system, 
except for the 7-day calibration error test.
    (ii) For a like-kind replacement non-redundant backup analyzer 
(i.e., a non-redundant backup analyzer that uses the same probe and 
sample interface as a primary monitoring system), no initial 
certification of the analyzer is required. A non-redundant backup 
analyzer, connected to the same probe and interface as a primary CEMS in 
order to satisfy the dual span requirements of section 2.1.1.4 or 
2.1.2.4 of appendix A to this part, shall be treated in the same manner 
as a like-kind replacement analyzer.
    (iii) Each non-redundant backup CEMS or like-kind replacement 
analyzer shall comply with the daily and quarterly quality assurance and 
quality control requirements in appendix B to this part for each day and 
quarter that the non-redundant backup CEMS or like-kind replacement 
analyzer is used to report data, and shall meet the additional linearity 
and calibration error test requirements specified in this paragraph. The 
owner or operator shall ensure that each non-redundant backup CEMS or 
like-kind replacement analyzer passes a linearity check (for pollutant 
concentration and diluent gas monitors) or a calibration error test (for 
flow monitors) prior to each use for recording and reporting emissions. 
For a primary NOX-diluent CEMS consisting of the primary 
pollutant analyzer and a like-kind replacement diluent analyzer (or 
vice-versa), provided that the primary pollutant or diluent analyzer (as 
applicable) is operating and is not out-of-control with respect to any 
of its quality assurance requirements, only the like-kind replacement 
analyzer must pass a linearity check before the system is used for data 
reporting. When a non-redundant backup CEMS or like-kind replacement 
analyzer is brought into service, prior to conducting the linearity 
test, a probationary calibration error test (as described in paragraph 
(b)(3)(ii) of this section), which will begin a period of conditionally 
valid data, may be performed in order to allow the validation of data 
retrospectively, as follows. Conditionally valid data from the CEMS or 
like-kind replacement analyzer are validated back to the hour of 
completion of the probationary calibration error test if the following 
conditions are met: if no adjustments are made to the CEMS or like-kind 
replacement analyzer other than the allowable calibration adjustments 
specified in section 2.1.3 of appendix B to this part between the 
probationary calibration error test and the successful completion of the 
linearity test; and if the linearity test is passed within 168 unit (or 
stack) operating hours of the probationary calibration error test. 
However, if the linearity test is performed within 168 unit or stack 
operating hours but is either failed or aborted due to a problem with 
the CEMS or like-kind replacement analyzer, then all of the 
conditionally valid data are invalidated back to the hour of the 
probationary calibration error test, and data from the non-redundant 
backup CEMS or from the primary monitoring system of which the like-kind 
replacement analyzer is a part remain invalid until the hour of 
completion of a successful linearity test. Notwithstanding this 
requirement, the conditionally valid data status may be re-established 
after a failed or aborted linearity check, if corrective action is taken 
and a calibration

[[Page 252]]

error test is subsequently passed. However, in no case shall the use of 
conditional data validation extend for more than 168 unit or stack 
operating hours beyond the date and time of the original probationary 
calibration error test when the analyzer was brought into service.
    (iv) When data are reported from a non-redundant backup CEMS or 
like-kind replacement analyzer, the appropriate bias adjustment factor 
shall be determined as follows:
    (A) For a regular non-redundant backup CEMS, as described in 
paragraph (d)(2)(i) of this section, apply the bias adjustment factor 
from the most recent RATA of the non-redundant backup system (even if 
that RATA was done more than 12 months previously); or
    (B) When a like-kind replacement non-redundant backup analyzer is 
used as a component of a primary CEMS (as described in paragraph 
(d)(2)(ii) of this section), apply the primary monitoring system bias 
adjustment factor.
    (v) For each parameter monitored (i.e., SO2, 
CO2, NOX or flow rate) at each unit or stack, a 
regular non-redundant backup CEMS may not be used to report data at that 
affected unit or common stack for more than 720 hours in any one 
calendar year (or 720 hours in any ozone season, for sources that report 
emission data only during the ozone season, in accordance with 
Sec. 75.74(c)), unless the CEMS passes a RATA at that unit or stack. For 
each parameter monitored (SO2, CO2 or 
NOX) at each unit or stack, the use of a like-kind 
replacement non-redundant backup analyzer (or analyzers) is restricted 
to 720 cumulative hours per calendar year (or ozone season, as 
applicable), unless the owner or operator redesignates the like-kind 
replacement analyzer(s) as component(s) of regular non-redundant backup 
CEMS and each redesignated CEMS passes a RATA at that unit or stack.
    (vi) For each regular non-redundant backup CEMS, no more than eight 
successive calendar quarters shall elapse following the quarter in which 
the last RATA of the CEMS was done at a particular unit or stack, 
without performing a subsequent RATA. Otherwise, the CEMS may not be 
used to report data from that unit or stack until the hour of completion 
of a passing RATA at that location.
    (vii) Each regular non-redundant backup CEMS shall be represented in 
the monitoring plan required under Sec. 75.53 as a separate monitoring 
system, with unique system and component identification numbers. When 
like-kind replacement non-redundant backup analyzers are used, the owner 
or operator shall represent each like-kind replacement analyzer used 
during a particular calendar quarter in the monitoring plan required 
under Sec. 75.53 as a component of a primary monitoring system. The 
owner or operator shall also assign a unique component identification 
number to each like-kind replacement analyzer, beginning with the 
letters ``LK'' (e.g., ``LK1,'' ``LK2,'' etc.) and shall specify the 
manufacturer, model and serial number of the like-kind replacement 
analyzer. This information may be added, deleted or updated as 
necessary, from quarter to quarter. The owner or operator shall also 
report data from the like-kind replacement analyzer using the system 
identification number of the primary monitoring system and the assigned 
component identification number of the like-kind replacement analyzer. 
For the purposes of the electronic quarterly report required under 
Sec. 75.64, the owner or operator may manually enter the appropriate 
component identification number(s) of any like-kind replacement 
analyzer(s) used for data reporting during the quarter.
    (viii) When reporting data from a certified regular non-redundant 
backup CEMS, use a method of determination (MODC) code of ``02.'' When 
reporting data from a like-kind replacement non-redundant backup 
analyzer, use a MODC of ``17'' (see Table 4a under Sec. 75.57). For the 
purposes of the electronic quarterly report required under Sec. 75.64, 
the owner or operator may manually enter the required MODC of ``17'' for 
a like-kind replacement analyzer.
    (3) Reference method backups. A monitoring system that is operated 
as a reference method backup system pursuant to the reference method 
requirements of methods 2, 6C, 7E, or 3A in appendix A of part 60 of 
this chapter need not

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perform and pass the certification tests required by paragraph (c) of 
this section prior to its use pursuant to this paragraph.
    (e) Certification/recertification procedures for either peaking unit 
or by-pass stack/duct continuous emission monitoring systems. The owner 
or operator of either a peaking unit or by-pass stack/duct continuous 
emission monitoring system shall comply with all the requirements for 
certification or recertification according to the procedures specified 
in paragraphs (a), (b), and (c) of this section, except as follows: the 
owner or operator need only perform one nine-run relative accuracy test 
audit for certification or recertification of a flow monitor installed 
on the by-pass stack/duct or on the stack/duct used only by affected 
peaking unit(s). The relative accuracy test audit shall be performed 
during normal operation of the peaking unit(s) or the by-pass stack/
duct.
    (f) Certification/recertification procedures for alternative 
monitoring systems. The designated representative representing the owner 
or operator of each alternative monitoring system approved by the 
Administrator as equivalent to or better than a continuous emission 
monitoring system according to the criteria in subpart E of this part 
shall apply for certification to the Administrator prior to use of the 
system under the Acid Rain Program, and shall apply for recertification 
to the Administrator following a replacement, modification, or change 
according to the procedures in paragraph (c) of this section. The owner 
or operator of an alternative monitoring system shall comply with the 
notification and application requirements for certification or 
recertification according to the procedures specified in paragraphs (a) 
and (b) of this section.
    (1) The Administrator will publish each request for initial 
certification of an alternative monitoring system in the Federal 
Register and, following a public comment period of 60 days, will issue a 
notice of approval or disapproval.
    (2) No alternative monitoring system shall be authorized by the 
Administrator in a permit issued pursuant to part 72 of this chapter 
unless approved by the Administrator in accordance with this part.
    (g) Initial certification and recertification procedures for 
excepted monitoring systems under appendices D and E. The owner or 
operator of a gas-fired unit, oil-fired unit, or diesel-fired unit using 
the optional protocol under appendix D or E to this part shall ensure 
that an excepted monitoring system under appendix D or E to this part 
meets the applicable general operating requirements of Sec. 75.10, the 
applicable requirements of appendices D and E to this part, and the 
initial certification or recertification requirements of this paragraph.
    (1) Initial certification and recertification testing. The owner or 
operator shall use the following procedures for initial certification 
and recertification of an excepted monitoring system under appendix D or 
E to this part.
    (i) When the optional SO2 mass emissions estimation 
procedure in appendix D to this part or the optional NOX 
emissions estimation protocol in appendix E to this part is used, the 
owner or operator shall provide data from a flowmeter accuracy test (or 
shall provide a statement of calibration if the flowmeter meets the 
accuracy standard by design) for each fuel flowmeter, according to 
section 2.1.5.1 of appendix D to this part. For orifice, nozzle, and 
venturi-type flowmeters, the results of primary element visual 
inspections and/or calibrations of the transmitters or transducers shall 
also be provided.
    (ii) For the automated data acquisition and handling system used 
under either the optional SO2 mass emissions estimation 
procedure in appendix D of this part or the optional NOX 
emissions estimation protocol in appendix E of this part, the owner or 
operator shall perform tests designed to verify:
    (A) The proper computation of hourly averages for pollutant 
concentrations, fuel flow rates, emission rates, heat input, and 
pollutant mass emissions; and
    (B) Proper computation and application of the missing data 
substitution procedures in appendix D or E of this part.
    (iii) When the optional NOX emissions protocol in 
appendix E is used, the owner or operator shall complete

[[Page 254]]

all initial performance testing under section 2.1 of appendix E.
    (2) Initial certification, recertification, and QA testing 
notification. The designated representative shall provide initial 
certification testing notification, recertification testing 
notification, and routine periodic quality-assurance testing, as 
specified in Sec. 75.61. Initial certification testing notification, 
recertification testing notification, or periodic quality assurance 
testing notification is not required for an excepted monitoring system 
under appendix D to this part.
    (3) Monitoring plan. The designated representative shall submit an 
initial monitoring plan in accordance with Sec. 75.62(a).
    (4) Initial certification or recertification application. The 
designated representative shall submit an initial certification or 
recertification application in accordance with Secs. 75.60 and 75.63.
    (5) Provisional approval of initial certification and 
recertification applications. Upon the successful completion of the 
required initial certification or recertification procedures for each 
excepted monitoring system under appendix D or E to this part, each 
excepted monitoring system under appendix D or E to this part shall be 
deemed provisionally certified (or recertified) for use under the Acid 
Rain Program during the period for the Administrator's review. The 
provisions for the initial certification or recertification application 
formal approval process in paragraph (a)(4) of this section shall apply, 
except that the term ``excepted monitoring system'' shall apply rather 
than ``continuous emission or opacity monitoring system'' and except 
that the procedures for loss of certification or for disapproval of a 
recertification request in paragraph (g)(7) of this section shall apply 
rather than the procedures for loss of certification or denial of a 
recertification request in paragraph (a)(5) or (b)(5) of this section. 
Data measured and recorded by a provisionally certified (or recertified) 
excepted monitoring system under appendix D or E to this part will be 
considered quality-assured data from the date and time of completion of 
the last initial certification or recertification test, provided that 
the Administrator does not revoke the provisional certification or 
recertification by issuing a notice of disapproval in accordance with 
the provisions in paragraph (a)(4) or (b)(5) of this section.
    (6) Recertification requirements. Recertification of an excepted 
monitoring system under appendix D or E to this part is required for any 
modification to the system or change in operation that could 
significantly affect the ability of the system to accurately account for 
emissions and for which the Administrator determines that an accuracy 
test of the fuel flowmeter or a retest under appendix E to this part to 
re-establish the NOX correlation curve is required. Examples 
of such changes or modifications include fuel flowmeter replacement, 
changes in unit configuration, or exceedance of operating parameters.
    (7) Procedures for loss of certification or recertification for 
excepted monitoring systems under appendices D and E to this part. In 
the event that a certification or recertification application is 
disapproved for an excepted monitoring system, data from the monitoring 
system are invalidated, and the applicable missing data procedures in 
section 2.4 of appendix D or section 2.5 of appendix E to this part 
shall be used from the date and hour of receipt of such notice back to 
the hour of the provisional certification. Data from the excepted 
monitoring system remain invalid until all required tests are repeated 
and the excepted monitoring system is again provisionally certified. The 
owner or operator shall repeat all certification or recertification 
tests or other requirements, as indicated in the Administrator's notice 
of disapproval, no later than 30 unit operating days after the date of 
issuance of the notice of disapproval. The designated representative 
shall submit a notification of the certification or recertification 
retest dates if required under paragraph (g)(2) of this section and 
shall submit a new certification or recertification application 
according to the procedures in paragraph (g)(4) of this section.
    (h) Initial certification and recertification procedures for low 
mass emission units using the excepted methodologies under Sec. 75.19. 
The owner or operator of

[[Page 255]]

a gas-fired or oil-fired unit using the low mass emissions excepted 
methodology under Sec. 75.19 shall meet the applicable general operating 
requirements of Sec. 75.10, the applicable requirements of Sec. 75.19, 
and the applicable certification requirements of this paragraph.
    (1) Monitoring plan. The designated representative shall submit a 
monitoring plan in accordance with Secs. 75.53 and 75.62.
    (2) Certification application. The designated representative shall 
submit a certification application in accordance with 
Sec. 75.63(a)(1)(ii).
    (3) Approval of certification applications. The provisions for the 
certification application formal approval process in the introductory 
text of paragraph (a)(4) and in paragraphs (a)(4)(i), (ii), and (iv) of 
this section shall apply, except that ``continuous emission or opacity 
monitoring system'' shall be replaced with ``low mass emissions excepted 
methodology.'' Provisional certification status for the low mass 
emissions methodology begins on the date of submittal (consistent with 
the definition of ``submit'' in Sec. 72.2 of this chapter) of a complete 
certification application, and the methodology is considered to be 
certified either upon receipt of a written approval notice from the 
Administrator or, if such notice is not provided, at the end of the 
Administrator's 120-day review period. However, in contrast to CEM 
systems or appendix D and E monitoring systems, a provisionally 
certified or certified low mass emissions excepted methodology may not 
be used to report data under the Acid Rain Program or in a 
NOX mass emissions reduction program under subpart H of this 
part prior to the applicable commencement date specified in 
Sec. 75.19(a)(2)(i).
    (4) Disapproval of low mass emissions unit certification 
applications. If the Administrator determines that the certification 
application for a low mass emissions unit does not demonstrate that the 
unit meets the requirements of Secs. 75.19(a) and (b), the Administrator 
shall issue a written notice of disapproval of the certification 
application within 120 days of receipt. By issuing the notice of 
disapproval, the provisional certification is invalidated by the 
Administrator, and any emission data reported using the excepted 
methodology during the Administrator's 120-day review period shall be 
considered invalid. The owner or operator shall use the following 
procedures when a certification application is disapproved:
    (i) The owner or operator shall substitute the following values, as 
applicable, for each hour of unit operation in which data were reported 
using the low mass emissions methodology until such time, date, and hour 
as continuous emission monitoring systems or excepted monitoring 
systems, where applicable, are installed and provisionally certified: 
the maximum potential concentration of SO2, as defined in 
section 2.1.1.1 of appendix A to this part; the maximum potential fuel 
flowrate, as defined in section 2.4.2 of appendix D to this part; the 
maximum potential values of fuel sulfur content, GCV, and density (if 
applicable) in Table D-6 of appendix D to this part; the maximum 
potential NOX emission rate, as defined in Sec. 72.2 of this 
chapter; the maximum potential flow rate, as defined in section 2.1.4.1 
of appendix A to this part; or the maximum potential CO2 
concentration as defined in section 2.1.3.1 of appendix A to this part. 
For a unit subject to a State or federal NOX mass reduction 
program where the owner or operator intends to monitor NOX 
mass emissions with a NOX pollutant concentration monitor and 
a flow monitoring system, substitute for NOX concentration 
using the maximum potential concentration of NOX, as defined 
in section 2.1.2.1 of appendix A to this part, and substitute for 
volumetric flow using the maximum potential flow rate, as defined in 
section 2.1.4.1 of appendix A to this part; and
    (ii) The designated representative shall submit a notification of 
certification test dates for the required monitoring systems, as 
specified in Sec. 75.61(a)(1)(i), and shall submit a certification 
application according to the procedures in paragraph (a)(2) of this 
section.
    (5) Recertification. Recertification of an approved low mass 
emissions excepted methodology is not required. Once the Administrator 
has approved the methodology for use, the owner or

[[Page 256]]

operator is subject to the on-going qualification and disqualification 
procedures in Sec. 75.19(b), on an annual or ozone season basis, as 
applicable.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26524, May 17, 1995; 60 
FR 40296, Aug. 8, 1995; 61 FR 59158, Nov. 20, 1996; 63 FR 57506, Oct. 
27, 1998; 64 FR 28592, May 26, 1999; 67 FR 40431, June 12, 2002]