[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: 40CFR75.66]

[Page 314-316]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
                    Subpart G--Reporting Requirements
 
Sec. 75.66  Petitions to the Administrator.

    (a) General. The designated representative for an affected unit 
subject to the requirements of this part may submit a petition to the 
Administrator requesting that the Administrator exercise his or her 
discretion to approve an alternative to any requirement prescribed in 
this part or incorporated by reference in this part. Any such petition 
shall be submitted in accordance with the requirements of this section. 
The designated representative shall comply with the signatory 
requirements of Sec. 72.21 of this chapter for each submission.
    (b) Alternative flow monitoring method petition. In cases where no 
location exists for installation of a flow monitor in either the stack 
or the ducts serving an affected unit that satisfies the minimum 
physical siting criteria in appendix A of this part or where 
installation of a flow monitor in either the stack or

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duct is demonstrated to the satisfaction of the Administrator to be 
technically infeasible, the designated representative for the affected 
unit may petition the Administrator for an alternative method for 
monitoring volumetric flow. The petition shall, at a minimum, contain 
the following information:
    (1) Identification of the affected unit(s);
    (2) Description of why the minimum siting criteria cannot be met 
within the existing ductwork or stack(s). This description shall include 
diagrams of the existing ductwork or stack, as well as documentation of 
any attempts to locate a flow monitor; and
    (3) Description of proposed alternative method for monitoring flow.
    (c) Alternative to standards incorporated by reference. The 
designated representative for an affected unit may apply to the 
Administrator for an alternative to any standard incorporated by 
reference and prescribed in this part. The designated representative 
shall include the following information in an application:
    (1) A description of why the prescribed standard is not being used;
    (2) A description and diagram(s) of any equipment and procedures 
used in the proposed alternative;
    (3) Information demonstrating that the proposed alternative produces 
data acceptable for use in the Acid Rain Program, including accuracy and 
precision statements, NIST traceability certificates or protocols, or 
other supporting data, as applicable to the proposed alternative.
    (d) Alternative monitoring system petitions. The designated 
representative for an affected unit may submit a petition to the 
Administrator for approval and certification of an alternative 
monitoring system or component according to the procedure in subpart E 
of this part. Each petition shall contain the information and data 
specified in subpart E, including the information specified in 
Sec. 75.48, in a format to be specified by the Administrator.
    (e) Parametric monitoring procedure petitions. The designated 
representative for an affected unit may submit a petition to the 
Administrator, where each petition shall contain the information 
specified in Sec. 75.58(b) for the use of a parametric monitoring 
method. The Administrator will either:
    (1) Publish a notice in the Federal Register indicating receipt of a 
parametric monitoring procedure petition;, or
    (2) Notify interested parties of receipt of a parametric monitoring 
petition.
    (f) Missing data petitions for units with add-on emission controls. 
The designated representative for an affected unit may submit a petition 
to the Administrator for the use of the maximum controlled emission 
rate, which the Administrator will approve if the petition adequately 
demonstrates that all the requirements in Sec. 75.34(a)(3) are 
satisfied. Each petition shall contain the information listed below for 
the time period (or data gap) during which the affected unit experienced 
the monitor outage that would otherwise result in the substitution of an 
uncontrolled maximum value under the standard missing data procedures 
contained in subpart D of this part:
    (1) Data demonstrating that the affected unit's monitor data 
availability for the time period under petition was less than 90.0 
percent;
    (2) Data demonstrating that the add-on emission controls were 
operating properly during the time period under petition (i.e., 
operating parameters were within the ranges specified for proper 
operation of the add-on emission controls in the quality assurance/
quality control program for the unit);
    (3) A list of the average hourly values for the previous 720 
quality-assured monitor operating hours, highlighting both the maximum 
recorded value and the value corresponding to the maximum controlled 
emission rate; and
    (4) An explanation and information on operation of the add-on 
emission controls demonstrating that the selected historical 
SO2 concentration or NOX emission rate does not 
underestimate the SO2 concentration or NOX 
emission rate during the missing data period.
    (g) Petitions for emissions or heat input apportionments. The 
designated representative of an affected unit shall provide information 
to describe a

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method for emissions or heat input apportionment under Secs. 75.13, 
75.16, 75.17, or appendix D of this part. This petition may be submitted 
as part of the monitoring plan. Such a petition shall contain, at a 
minimum, the following information:
    (1) A description of the units, including their fuel type, their 
boiler type, and their categorization as Phase I units, substitution 
units, compensating units, Phase II units, new units, or non-affected 
units;
    (2) A formula describing how the emissions or heat input are to be 
apportioned to which units;
    (3) A description of the methods and parameters used to apportion 
the emissions or heat input; and
    (4) Any other information necessary to demonstrate that the 
apportionment method accurately measures emissions or heat input and 
does not underestimate emissions or heat input from affected units.
    (h) Partial recertification petition. The designated representative 
of an affected unit may provide information and petition the 
Administrator to specify which of the certification tests required by 
Sec. 75.20 apply for partial recertification of the affected unit. Such 
a petition shall include the following information:
    (1) Identification of the monitoring system(s) being changed;
    (2) A description of the changes being made to the system;
    (3) An explanation of why the changes are being made; and
    (4) A description of the possible effect upon the monitoring 
system's ability to measure, record, and report emissions.
    (i) [Reserved]
    (j) Petition for alternative method of accounting for emissions 
prior to completion of certification tests. The designated 
representative for an affected unit may submit a petition to the 
Administrator to use an alternative to the procedures in 
Sec. 75.4(d)(3), (e)(3), (f)(3) or (g)(3) to account for emissions 
during the period between the compliance date for a unit and the 
completion of certification testing for that unit. The designated 
representative shall include:
    (1) Identification of the affected unit(s);
    (2) A detailed explanation of the alternative method to account for 
emissions of the following parameters, as applicable: SO2 
mass emissions (in lbs), NOX emission rate (in lbs/mmBtu), 
CO2 mass emissions (in lbs) and, if the unit is subject to 
the requirements of subpart H of this part, NOX mass 
emissions (in lbs); and
    (3) A demonstration that the proposed alternative does not 
underestimate emissions.
    (k) Petition for an alternative to the stabilization criteria for 
the cycle time test in section 6.4 of appendix A to this part. The 
designated representative for an affected unit may submit a petition to 
the Administrator to use an alternative stabilization criteria for the 
cycle time test in section 6.4 of appendix A to this part, if the 
installed monitoring system does not record data in 1-minute or 3-minute 
intervals. The designated representative shall provide a description of 
the alternative criteria.
    (l) Any other petitions to the Administrator under this part. Except 
for petitions addressed in paragraphs (b) through (k) of this section, 
any petition submitted under this paragraph shall include sufficient 
information for the evaluation of the petition, including, at a minimum, 
the following information:
    (1) Identification of the affected plant and unit(s);
    (2) A detailed explanation of why the proposed alternative is being 
suggested in lieu of the requirement;
    (3) A description and diagram of any equipment and procedures used 
in the proposed alternative, if applicable;
    (4) A demonstration that the proposed alternative is consistent with 
the purposes of the requirement for which the alternative is proposed 
and is consistent with the purposes of this part and of section 412 of 
the Act and that any adverse effect of approving such alternative will 
be de minimis; and
    (5) Any other relevant information that the Administrator may 
require.

[58 FR 3701, Jan. 11, 1993,as amended at 60 FR 26540, 26569, May 17, 
1995; 61 FR 59162, Nov. 20, 1996; 64 FR 28623, May 26, 1999; 67 FR 
40444, June 12, 2002]

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