[Code of Federal Regulations]
[Title 40, Volume 18]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR96.70]
[Page 694-696]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 96--NOX Budget Trading Program for State Implementation
Plans--Table of Contents
Subpart H--Monitoring and Reporting
Sec. 96.70 General requirements.
The owners and operators, and to the extent applicable, the
NOX authorized account representative of a NOX
Budget unit, shall comply with the monitoring and reporting requirements
as provided in this subpart and in subpart H of part 75 of this chapter.
For purposes of complying with such requirements, the definitions in
Sec. 96.2 and in Sec. 72.2 of this chapter shall apply, and the terms
``affected unit,'' ``designated representative,'' and ``continuous
emission monitoring system'' (or ``CEMS'') in part 75 of this chapter
shall be replaced by the terms ``NOX Budget unit,''
``NOX authorized account representative,'' and ``continuous
emission monitoring system'' (or ``CEMS''), respectively, as defined in
Sec. 96.2.
(a) Requirements for installation, certification, and data
accounting. The owner or operator of each NOX Budget unit
must meet the following requirements. These provisions also apply to a
unit for which an application for a NOX Budget opt-in permit
is submitted and not denied or withdrawn, as provided in subpart I of
this part:
(1) Install all monitoring systems required under this subpart for
monitoring NOX mass. This includes all systems required to
monitor NOX emission rate, NOX concentration, heat
input, and flow, in accordance with Secs. 75.72 and 75.76.
(2) Install all monitoring systems for monitoring heat input, if
required under Sec. 96.76 for developing NOX allowance
allocations.
(3) Successfully complete all certification tests required under
Sec. 96.71 and meet all other provisions of this subpart and part 75 of
this chapter applicable to the monitoring systems under paragraphs
(a)(1) and (2) of this section.
(4) Record, and report data from the monitoring systems under
paragraphs (a)(1) and (2) of this section.
(b) Compliance dates. The owner or operator must meet the
requirements of paragraphs (a)(1) through (a)(3) of this section on or
before the following dates and must record and report data on and after
the following dates:
(1) NOX Budget units for which the owner or operator
intends to apply for early reduction credits under Sec. 96.55(d) must
comply with the requirements of this subpart by May 1, 2000.
(2) Except for NOX Budget units under paragraph (b)(1) of
this section, NOX Budget units under Sec. 96.4 that commence
operation before January 1, 2002, must comply with the requirements of
this subpart by May 1, 2002.
(3) NOX Budget units under Sec. 96.4 that commence
operation on or after January 1, 2002 and that report on an annual basis
under Sec. 96.74(d) must comply with the requirements of this subpart by
the later of the following dates:
(i) May 1, 2002; or
(ii) The earlier of:
(A) 180 days after the date on which the unit commences operation
or, (B) For units under Sec. 96.4(a)(1), 90 days
[[Page 695]]
after the date on which the unit commences commercial operation.
(4) NOX Budget units under Sec. 96.4 that commence
operation on or after January 1, 2002 and that report on a control
season basis under Sec. 96.74(d) must comply with the requirements of
this subpart by the later of the following dates:
(i) The earlier of:
(A) 180 days after the date on which the unit commences operation
or,
(B) For units under Sec. 96.4(a)(1), 90 days after the date on which
the unit commences commercial operation.
(ii) However, if the applicable deadline under paragraph (b)(4)(i)
section does not occur during a control period, May 1; immediately
following the date determined in accordance with paragraph (b)(4)(i) of
this section.
(5) For a NOX Budget unit with a new stack or flue for
which construction is completed after the applicable deadline under
paragraph ( b)(1), (b)(2) or (b)(3) of this section or subpart I of this
part:
(i) 90 days after the date on which emissions first exit to the
atmosphere through the new stack or flue;
(ii) However, if the unit reports on a control season basis under
Sec. 96.74(d) and the applicable deadline under paragraph (b)(5)(i) of
this section does not occur during the control period, May 1 immediately
following the applicable deadline in paragraph (b)(5)(i) of this
section.
(6) For a unit for which an application for a NOX Budget
opt in permit is submitted and not denied or withdrawn, the compliance
dates specified under subpart I of this part.
(c) Reporting data prior to initial certification. (1) The owner or
operator of a NOX Budget unit that misses the certification
deadline under paragraph (b)(1) of this section is not eligible to apply
for early reduction credits. The owner or operator of the unit becomes
subject to the certification deadline under paragraph (b)(2) of this
section.
(2) The owner or operator of a NOX Budget under
paragraphs (b)(3) or (b)(4) of this section must determine, record and
report NOX mass, heat input (if required for purposes of
allocations) and any other values required to determine NOX
Mass (e.g. NOX emission rate and heat input or NOX
concentration and stack flow) using the provisions of Sec. 75.70(g) of
this chapter, from the date and hour that the unit starts operating
until all required certification tests are successfully completed.
(d) Prohibitions. (1) No owner or operator of a NOX
Budget unit or a non-NOX Budget unit monitored under
Sec. 75.72(b)(2)(ii) shall use any alternative monitoring system,
alternative reference method, or any other alternative for the required
continuous emission monitoring system without having obtained prior
written approval in accordance with Sec. 96.75.
(2) No owner or operator of a NOX Budget unit or a non-
NOX Budget unit monitored under Sec. 75.72(b)(2)(ii) shall
operate the unit so as to discharge, or allow to be discharged,
NOX emissions to the atmosphere without accounting for all
such emissions in accordance with the applicable provisions of this
subpart and part 75 of this chapter except as provided for in Sec. 75.74
of this chapter.
(3) No owner or operator of a NOX Budget unit or a non-
NOX Budget unit monitored under Sec. 75.72(b)(2)(ii) shall
disrupt the continuous emission monitoring system, any portion thereof,
or any other approved emission monitoring method, and thereby avoid
monitoring and recording NOX mass emissions discharged into
the atmosphere, except for periods of recertification or periods when
calibration, quality assurance testing, or maintenance is performed in
accordance with the applicable provisions of this subpart and part 75 of
this chapter except as provided for in Sec. 75.74 of this chapter.
(4) No owner or operator of a NOX Budget unit or a non-
NOX Budget unit monitored under Sec. 75.72(b)(2)(ii) shall
retire or permanently discontinue use of the continuous emission
monitoring system, any component thereof, or any other approved emission
monitoring system under this subpart, except under any one of the
following circumstances:
(i) During the period that the unit is covered by a retired unit
exemption under Sec. 96.5 that is in effect;
(ii) The owner or operator is monitoring emissions from the unit
with another certified monitoring system approved, in accordance with
the applicable provisions of this subpart and part
[[Page 696]]
75 of this chapter, by the permitting authority for use at that unit
that provides emission data for the same pollutant or parameter as the
retired or discontinued monitoring system; or
(iii) The NOX authorized account representative submits
notification of the date of certification testing of a replacement
monitoring system in accordance with Sec. 96.71(b)(2).