[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: 40CFR97.30]
[Page 723-724]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 97--FEDERAL NOX BUDGET TRADING PROGRAM--Table of Contents
Subpart D--Compliance Certification
Sec. 97.30 Compliance certification report.
(a) Applicability and deadline. For each control period in which one
or more NOX Budget units at a source are subject to the
NOX Budget emissions limitation, the NOX
authorized account representative of the source shall submit to the
permitting authority and the Administrator by November 30 of that year,
a compliance certification report for each source covering all such
units.
(b) Contents of report. The NOX authorized account
representative shall include in the compliance certification report
under paragraph (a) of this section the following elements, in a format
prescribed by the Administrator, concerning each unit at the source and
subject to the NOX Budget emissions limitation for the
control period covered by the report:
(1) Identification of each NOX Budget unit;
(2) At the NOX authorized account representative's
option, the serial numbers of the NOX allowances that are to
be deducted from each unit's compliance account under Sec. 97.54 for the
control period;
(3) At the NOX authorized account representative's
option, for units sharing a common stack and having NOX
emissions that are not monitored separately or apportioned in accordance
with subpart H of this part, the percentage of allowances that is to be
deducted from each unit's compliance account under Sec. 97.54(e); and
(4) The compliance certification under paragraph (c) of this
section.
(c) Compliance certification. In the compliance certification report
under paragraph (a) of this section, the NOX authorized
account representative shall certify, based on reasonable inquiry of
those persons with primary responsibility for operating the source and
the NOX Budget units at the source in compliance with the
NOX Budget Trading Program, whether each NOX
Budget unit for which the compliance certification is submitted was
operated during the calendar year covered by
[[Page 724]]
the report in compliance with the requirements of the NOX
Budget Trading Program applicable to the unit, including:
(1) Whether the unit was operated in compliance with the
NOX Budget emissions limitation;
(2) Whether the monitoring plan that governs the unit has been
maintained to reflect the actual operation and monitoring of the unit
and contains all information necessary to attribute NOX
emissions to the unit, in accordance with subpart H of this part;
(3) Whether all the NOX emissions from the unit, or a
group of units (including the unit) using a common stack, were monitored
or accounted for through the missing data procedures and reported in the
quarterly monitoring reports, including whether conditional data were
reported in the quarterly reports in accordance with subpart H of this
part. If conditional data were reported, the owner or operator shall
indicate whether the status of all conditional data has been resolved
and all necessary quarterly report resubmissions have been made;
(4) Whether the facts that form the basis for certification under
subpart H of this part of each monitor at the unit or a group of units
(including the unit) using a common stack, or for using an excepted
monitoring method or alternative monitoring method approved under
subpart H of this part, if any, have changed; and
(5) If a change is required to be reported under paragraph (c)(4) of
this section, specify the nature of the change, the reason for the
change, when the change occurred, and how the unit's compliance status
was determined subsequent to the change, including what method was used
to determine emissions when a change mandated the need for monitor
recertification.