[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: 40CFR75.61]
[Page 308-310]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
Subpart G--Reporting Requirements
Sec. 75.61 Notifications.
(a) Submission. The designated representative for an affected unit
(or owner or operator, as specified) shall submit notice to the
Administrator, to the appropriate EPA Regional Office, and to the
applicable State and local air pollution control agencies for the
following purposes, as required by this part.
(1) Initial certification and recertification test notifications.
The owner or operator or designated representative for an affected unit
shall submit written notification of initial certification tests,
recertification tests, and revised test dates as specified in Sec. 75.20
for continuous emission monitoring systems, for alternative monitoring
systems under subpart E of this part, or for excepted monitoring systems
under appendix E to this part, except as provided in paragraphs
(a)(1)(iii), (a)(1)(iv) and (a)(4) of this section . The owner or
operator shall also provide written notification of testing performed
under Sec. 75.19(c)(1)(iv)(A) to establish fuel-and-unit-specific
NOX emission rates for low mass emissions units. Such
notifications are not required, however, for initial certifications and
recertifications of excepted monitoring systems under appendix D to this
part.
(i) Notification of initial certification testing and full
recertification. Initial certification test notifications and
notifications of full recertification testing under Sec. 75.20(b)(2)
shall be submitted not later than 21 days prior to the first scheduled
day of certification or recertification testing. In emergency situations
when full recertification testing is required following an
uncontrollable failure of equipment that results in lost data, notice
shall be sufficient if provided within 2 business days following the
date when testing is scheduled. Testing may be performed on a date other
than that already provided in a notice under this subparagraph as long
as notice of the new date is provided either in writing or by telephone
or other means at least 7 days prior to the original scheduled test date
or the revised test date, whichever is earlier.
(ii) Notification of certification retesting, and partial
recertification testing. For retesting required following a loss of
certification under Sec. 75.20(a)(5) or for partial recertification
testing required under Sec. 75.20(b)(2), notice of the date of any
required RATA testing or any requred retesting under section 2.3 in
appendix E to this part shall be submitted either in writing or by
telephone at least 7 days prior to the first scheduled day of testing;
except that in emergency situations when testing is required following
an uncontrollable failure of equipment that results in lost data, notice
shall be sufficient if provided within 2 business days following the
date when testing is scheduled. Testing may be performed on a date other
than that already provided in a notice under this subparagraph as long
as notice of the new date is provided by telephone or other means at
least 2 business days prior to the original scheduled test date or the
revised test date, whichever is earlier.
(iii) Repeat of testing without notice. Notwithstanding the above
notice requirements, the owner or operator may elect to repeat a
certification or recertification test immediately, without advance
notification, whenever the owner or operator has determined during the
certification or recertification
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testing that a test was failed or must be aborted, or that a second test
is necessary in order to attain a reduced relative accuracy test
frequency.
(iv) Waiver from notification requirements. The Administrator, the
appropriate EPA Regional Office, or the applicable State or local air
pollution control agency may issue a waiver from the notification
requirement of paragraph (a)(1)(ii) of this section, for a unit or a
group of units, for one or more recertification tests or other retests.
The Administrator, the appropriate EPA Regional Office, or the
applicable State or local air pollution control agency may also
discontinue the waiver and reinstate the notification requirement of
paragraph (a)(1)(ii) of this section for future recertification tests
(or other retests) of a unit or a group of units.
(2) New unit, newly affected unit, new stack, or new flue gas
desulfurization system operation notification. The designated
representative for an affected unit shall submit written notification:
For a new unit or a newly affected unit, of the planned date when a new
unit or newly affected unit will commence commercial operation, or
becomes affected, or, for new stack or flue gas desulfurization system,
of the planned date when a new stack or flue gas desulfurization system
will be completed and emissions will first exit to the atmosphere.
(i) Notification of the planned date shall be submitted not later
than 45 days prior to the date the unit commences commercial operation
or becomes affected, or not later than 45 days prior to the date when a
new stack or flue gas desulfurization system exhausts emissions to the
atmosphere.
(ii) If the date when the unit commences commercial operation or
becomes affected, or the date when the new stack or flue gas
desulfurization system exhausts emissions to the atmosphere, whichever
is applicable, changes from the planned date, a notification of the
actual date shall be submitted not later than 7 days following: The date
the unit commences commercial operation or becomes affected, or the date
when a new stack or flue gas desulfurization system exhausts emissions
to the atmosphere.
(3) Unit shutdown and recommencement of commercial operation. The
designated representative for an affected unit that will be shutdown on
the relevant compliance date in Sec. 75.4(a) and that is relying on the
provisions in Sec. 75.4(d) to postpone certification testing shall
submit notification of unit shutdown and recommencement of commercial
operation as follows:
(i) For planned unit shutdowns, written notification of the planned
shutdown date and planned date of recommencement of commercial operation
shall be submitted 45 calendar days prior to the deadline in
Sec. 75.4(a). For unit shutdowns that are not planned 45 days prior to
the deadline in Sec. 75.4(a), written notification of the planned
shutdown date and planned date of recommencement of commercial operation
shall be submitted no later than 7 days after the date the owner or
operator is able to schedule the shutdown date and date of
recommencement of commercial operation. If the actual shutdown date or
the actual date of recommencement of commercial operation differs from
the planned date, written notice of the actual date shall be submitted
no later than 7 days following the actual date of shutdown or of
recommencement of commercial operation, as applicable;
(ii) For unplanned unit shutdowns, written notification of actual
shutdown date and the expected date of recommencement of commercial
operation shall be submitted no later than 7 days after the shutdown. If
the actual date of recommencement of commercial operation differs from
the expected date, written notice of the actual date shall be submitted
no later than 7 days following the actual date of recommencement of
commercial operation.
(4) Use of backup fuels for appendix E procedures. The designated
representative for an affected oil-fired or gas-fired peaking unit that
is using an excepted monitoring system under appendix E of this part and
that is relying on the provisions in Sec. 75.4(f) to postpone testing of
a fuel shall submit written notification of that fact no later than 45
days prior to the deadline in Sec. 75.4.
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The designated representative shall also submit a notification that such
a fuel has been combusted no later than 7 days after the first date of
combustion of any fuel for which testing has not been performed under
appendix E after the deadline in Sec. 75.4. Such notice shall also
include notice that testing under appendix E either was performed during
the initial combustion or notice of the date that testing will be
performed.
(5) Periodic relative accuracy test audits, appendix E retests, and
low mass emissions unit retests. The owner or operator or designated
representative of an affected unit shall submit written notice of the
date of periodic relative accuracy testing performed under section 2.3.1
of appendix B to this part, of periodic retesting performed under
section 2.2 of appendix E to this part, and of periodic retesting of low
mass emissions units performed under Sec. 75.19(c)(1)(iv)(D), no later
than 21 days prior to the first scheduled day of testing. Testing may be
performed on a date other than that already provided in a notice under
this subparagraph as long as notice of the new date is provided either
in writing or by telephone or other means acceptable to the respective
State agency or office of EPA, and the notice is provided as soon as
practicable after the new testing date is known, but no later than
twenty-four (24) hours in advance of the new date of testing.
(i) Written notification under paragraph (a) (5) of this section may
be provided either by mail or by facsimile. In addition, written
notification may be provided by electronic mail, provided that the
respective State agency or office of EPA agrees that this is an
acceptable form of notification.
(ii) Notwithstanding the notice requirements under paragraph (a)(5)
of this section, the owner or operator may elect to repeat a periodic
relative accuracy test, appendix E restest, or low mass emissions unit
retest immediately, without additional notification whenever the owner
or operator has determined that a test was failed, or that a second test
is necessary in order to attain a reduced relative accuracy test
frequency.
(iii) Waiver from notification requirements. The Administrator, the
appropriate EPA Regional Office, or the applicable State air pollution
control agency may issue a waiver from the requirement of paragraph
(a)(5) of this section to provide notice to the respective State agency
or office of EPA for a unit or a group of units for one or more tests.
The Administrator, the appropriate EPA Regional Office, or the
applicable State air pollution control agency may also discontinue the
waiver and reinstate the requirement of paragraph (a)(5) of this section
to provide notice to the respective State agency or office of EPA for
future tests for a unit or a group of units. In addition, if an observer
from a State agency or EPA is present when a test is rescheduled, the
observer may waive all notification requirements under paragraph (a)(5)
of this section for the rescheduled test.
(6) Notice of combustion of emergency fuel under appendix D or E.
The designated representative of an oil-fired unit or gas-fired unit
using appendix D or E of this part shall, for each calendar quarter in
which emergency fuel is combusted, provide notice of the combustion of
the emergency fuel in the cover letter (or electronic equivalent) which
transmits the next quarterly report submitted under Sec. 75.64. The
notice shall specify the exact dates and hours during which the
emergency fuel was combusted.
(b) The owner or operator or designated representative shall submit
notification of certification tests and recertification tests for
continuous opacity monitoring systems as specified in Sec. 75.20(c)(8)
to the State or local air pollution control agency.
(c) If the Administrator determines that notification substantially
similar to that required in this section is required by any other State
or local agency, the owner or operator or designated representative may
send the Administrator a copy of that notification to satisfy the
requirements of this section, provided the ORISPL unit identification
number(s) is denoted.
[60 FR 26538, May 17, 1995, as amended at 61 FR 25582, May 22, 1996; 61
FR 59162, Nov. 22, 1996; 64 FR 28620, May 26, 1999; 67 FR 40442, 40443,
June 12, 2002]
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