[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: 40CFR96.74]
[Page 699-701]
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. 96.74 Recordkeeping and reporting.
(a) General provisions. (1) The NOX authorized account
representative shall comply with all recordkeeping and reporting
requirements in this section and with the requirements of Sec. 96.10(e).
(2) If the NOX authorized account representative for a
NOX Budget unit subject to an Acid Rain Emission limitation
who signed and certified any submission that is made under subpart F or
G of part 75 of this chapter and which includes data and information
required under this subpart or subpart H of part 75 of this chapter is
not the same person as the designated representative or the alternative
designated representative for the unit
[[Page 700]]
under part 72 of this chapter, the submission must also be signed by the
designated representative or the alternative designated representative.
(b) Monitoring plans. (1) The owner or operator of a unit subject to
an Acid Rain emissions limitation shall comply with requirements of
Sec. 75.62 of this chapter, except that the monitoring plan shall also
include all of the information required by subpart H of part 75 of this
chapter.
(2) The owner or operator of a unit that is not subject to an Acid
Rain emissions limitation shall comply with requirements of Sec. 75.62
of this chapter, except that the monitoring plan is only required to
include the information required by subpart H of part 75 of this
chapter.
(c) Certification applications. The NOX authorized
account representative shall submit an application to the permitting
authority within 45 days after completing all initial certification or
recertification tests required under Sec. 96.71 including the
information required under subpart H of part 75 of this chapter.
(d) Quarterly reports. The NOX authorized account
representative shall submit quarterly reports, as follows:
(1) If a unit is subject to an Acid Rain emission limitation or if
the owner or operator of the NOX budget unit chooses to meet
the annual reporting requirements of this subpart H, the NOX
authorized account representative shall submit a quarterly report for
each calendar quarter beginning with:
(i) For units that elect to comply with the early reduction credit
provisions under Sec. 96.55 of this part, the calender quarter that
includes the date of initial provisional certification under
Sec. 96.71(b)(3)(iii). Data shall be reported from the date and hour
corresponding to the date and hour of provisional certification; or
(ii) For units commencing operation prior to May 1, 2002 that are
not required to certify monitors by May 1, 2000 under Sec. 96.70(b)(1),
the earlier of the calender quarter that includes the date of initial
provisional certification under Sec. 96.71(b)(3)(iii) or, if the
certification tests are not completed by May 1, 2002, the partial
calender quarter from May 1, 2002 through June 30, 2002. Data shall be
recorded and reported from the earlier of the date and hour
corresponding to the date and hour of provisional certification or the
first hour on May 1, 2002; or
(iii) For a unit that commences operation after May 1, 2002, the
calendar quarter in which the unit commences operation, Data shall be
reported from the date and hour corresponding to when the unit commenced
operation.
(2) If a NOX budget unit is not subject to an Acid Rain
emission limitation, then the NOX authorized account
representative shall either:
(i) Meet all of the requirements of part 75 related to monitoring
and reporting NOX mass emissions during the entire year and
meet the reporting deadlines specified in paragraph (d)(1) of this
section; or
(ii) Submit quarterly reports only for the periods from the earlier
of May 1 or the date and hour that the owner or operator successfully
completes all of the recertification tests required under
Sec. 75.74(d)(3) through September 30 of each year in accordance with
the provisions of Sec. 75.74(b) of this chapter. The NOX
authorized account representative shall submit a quarterly report for
each calendar quarter, beginning with:
(A) For units that elect to comply with the early reduction credit
provisions under Sec. 96.55, the calender quarter that includes the date
of initial provisional certification under Sec. 96.71(b)(3)(iii). Data
shall be reported from the date and hour corresponding to the date and
hour of provisional certification; or
(B) For units commencing operation prior to May 1, 2002 that are not
required to certify monitors by May 1, 2000 under Sec. 96.70(b)(1), the
earlier of the calender quarter that includes the date of initial
provisional certification under Sec. 96.71(b)(3)(iii), or if the
certification tests are not completed by May 1, 2002, the partial
calender quarter from May 1, 2002 through June 30, 2002. Data shall be
reported from the earlier of the date and hour corresponding to the date
and hour of provisional certification or the first hour of May 1, 2002;
or
(C) For units that commence operation after May 1, 2002 during the
control period, the calender quarter in
[[Page 701]]
which the unit commences operation. Data shall be reported from the date
and hour corresponding to when the unit commenced operation; or
(D) For units that commence operation after May 1, 2002 and before
May 1 of the year in which the unit commences operation, the earlier of
the calender quarter that includes the date of initial provisional
certification under Sec. 96.71(b)(3)(iii) or, if the certification tests
are not completed by May 1 of the year in which the unit commences
operation, May 1 of the year in which the unit commences operation. Data
shall be reported from the earlier of the date and hour corresponding to
the date and hour of provisional certification or the first hour of May
1 of the year after the unit commences operation.
(E) For units that commence operation after May 1, 2002 and after
September 30 of the year in which the unit commences operation, the
earlier of the calender quarter that includes the date of initial
provisional certification under Sec. 96.71(b)(3)(iii) or, if the
certification tests are not completed by May 1 of the year after the
unit commences operation, May 1 of the year after the unit commences
operation. Data shall be reported from the earlier of the date and hour
corresponding to the date and hour of provisional certification or the
first hour of May 1 of the year after the unit commences operation.
(3) The NOX authorized account representative shall
submit each quarterly report to the Administrator within 30 days
following the end of the calendar quarter covered by the report.
Quarterly reports shall be submitted in the manner specified in subpart
H of part 75 of this chapter and Sec. 75.64 of this chapter.
(i) For units subject to an Acid Rain Emissions limitation,
quarterly reports shall include all of the data and information required
in subpart H of part 75 of this chapter for each NOX Budget
unit (or group of units using a common stack) as well as information
required in subpart G of part 75 of this chapter.
(ii) For units not subject to an Acid Rain Emissions limitation,
quarterly reports are only required to include all of the data and
information required in subpart H of part 75 of this chapter for each
NOX Budget unit (or group of units using a common stack).
(4) Compliance certification. The NOX authorized account
representative shall submit to the Administrator a compliance
certification in support of each quarterly report based on reasonable
inquiry of those persons with primary responsibility for ensuring that
all of the unit's emissions are correctly and fully monitored. The
certification shall state that:
(i) The monitoring data submitted were recorded in accordance with
the applicable requirements of this subpart and part 75 of this chapter,
including the quality assurance procedures and specifications; and
(ii) For a unit with add-on NOX emission controls and for
all hours where data are substituted in accordance with Sec. 75.34(a)(1)
of this chapter, the add-on emission controls were operating within the
range of parameters listed in the monitoring plan and the substitute
values do not systematically underestimate NOX emissions; and
(iii) For a unit that is reporting on a control period basis under
Sec. 96.74(d) the NOX emission rate and NOX
concentration values substituted for missing data under subpart D of
part 75 of this chapter are calculated using only values from a control
period and do not systematically underestimate NOX emissions.