[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: 40CFR97.70]
[Page 738-740]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 97--FEDERAL NOX BUDGET TRADING PROGRAM--Table of Contents
Subpart H--Monitoring and Reporting
Sec. 97.70 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, recordkeeping, 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. 97.2 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 deemed to refer to the
terms ``NOX Budget unit,'' ``NOX authorized
account representative,'' and ``continuous emission monitoring system''
(or ``CEMS'') respectively, as defined in Sec. 97.2. The owner or
operator of a unit that is not a NOX Budget unit but that is
monitored under Sec. 75.72(b)(2)(ii) of this chapter shall comply with
the monitoring, recordkeeping, and reporting requirements for a
NOX Budget unit under this part.
(a) Requirements for installation, certification, and data
accounting. The owner or operator of each NOX Budget unit
shall meet the following requirements. These provisions shall 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permit is submitted and not denied or withdrawn, as provided in subpart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 emissions. This includes all systems
required to monitor NOX emission rate, NOX
concentration, heat input rate, and stack flow rate, in accordance with
Secs. 75.72 and 75.76 of this chapter.
(2) Install all monitoring systems for monitoring heat input rate.
(3) Successfully complete all certification tests required under
Sec. 97.71 and meet all other requirements 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, report, and quality-assure the data from the monitoring
systems under paragraphs (a)(1) and (2) of this section.
(b) Compliance deadlines. The owner or operator shall meet the
certification and other requirements of paragraphs (a)(1) through (a)(3)
of this section on or before the following dates. The owner or operator
shall record, report and quality-assure the data from the monitoring
systems under paragraphs (a)(1) and (a)(2) of this section on and after
the following dates.
(1) For the owner or operator of a NOX Budget unit for
which the owner or operator intends to apply for early reduction credits
under Sec. 97.43, by May 1, 2001. If the owner or operator of a
NOX Budget unit fails to meet this deadline, he or she is not
eligible to apply for early reduction credits and is subject to the
deadline under paragraph (b)(2) of this section.
(2) For the owner or operator of a NOX Budget unit under
Sec. 97.4(a) that commences operation before January 1, 2003 and that is
not subject to or does not meet the deadline under paragraph (b)(1) of
this section, by May 1, 2003.
(3) For the owner or operator of a NOX Budget unit under
Sec. 97.4(a)(1) that commences operation on or after January 1, 2003 and
that reports on an annual basis under Sec. 97.74(d) by the later of the
following dates:
(i) May 1, 2003; or
(ii) 90 days after the date on which the unit commences commercial
operation.
(4) For the owner or operator of a NOX Budget unit under
Sec. 97.4(a)(1) that commences operation on or after January 1, 2003 and
that reports on a control period basis under Sec. 97.74(d)(2)(ii), by no
later than 90 days after the date on which the unit commences commercial
operation, provided that this date is
[[Page 739]]
during a control period. If this date does not occur during a control
period, the applicable deadline is May 1 immediately following this
date.
(5) For the owner or operator of a NOX Budget unit under
Sec. 97.4(a)(2) that commences operation on or after January 1, 2003 and
that reports on an annual basis under Sec. 97.74(d), by the later of the
following dates:
(i) May 1, 2003; or
(ii) 180 days after the date on which the unit commences operation.
(6) For the owner or operator of a NOX Budget unit under
Sec. 97.4(a)(2) that commences operation on or after January 1, 2003 and
that report on a control period basis under Sec. 97.74(d)(2)(ii), by 180
days after the date on which the unit commences operation, provided that
this date is during a control period. If this date does not occur during
a control period, the applicable deadline is May 1 immediately following
this date.
(7) For the owner or operator of a NOX Budget unit that
has a new stack or flue for which construction is completed after the
applicable deadline under paragraph (b)(1), (b)(2), (b)(3), (b)(4),
(b)(5), or (b)(6) of this section or under subpart I of this part and
that reports on an annual basis under Sec. 97.74(d), by 90 days after
the date on which emissions first exit to the atmosphere through the new
stack or flue.
(8) For the owner or operator of a NOX Budget unit that
has a new stack or flue for which construction is completed after the
applicable deadline under paragraph (b)(1), (b)(2), (b)(3), (b)(4),
(b)(5), or (b)(6) of this section or under subpart I of this part and
that reports on a control period basis under Sec. 97.74(d)(2)(ii), by 90
days after the date on which emissions first exit to the atmosphere
through the new stack or flue, provided that this date is during a
control period. If this date does not occur during the control period,
the applicable deadline is May 1 immediately following this date.
(9) For the owner or operator of a unit for which an application for
a NOX Budget opt-in permit is submitted and not denied or
withdrawn, by the date specified under subpart I of this part.
(c) Reporting data prior to initial certification. The owner or
operator of a NOX Budget unit under paragraph (b)(3), (b)(4),
(b)(5), or (b)(6) of this section shall determine, record and report
NOX mass emissions, heat input rate, and any other values
required to determine NOX mass emissions (e.g.,
NOX emission rate and heat input rate, or NOX
concentration and stack flow rate) in accordance with Sec. 75.70(g) of
this chapter, from the date and hour that the unit starts operating
until the date and hour on which the continuous emission monitoring
system, excepted monitoring system under appendix D or E of part 75 of
this chapter, or excepted monitoring methodology under Sec. 75.19 of
this chapter is provisionally certified.
(d) Prohibitions. (1) No owner or operator of a NOX
Budget unit 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. 97.75.
(2) No owner or operator of a NOX Budget unit 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 in Sec. 75.74 of
this chapter.
(3) No owner or operator of a NOX Budget unit 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 or except as provided in Sec. 75.74 of this chapter.
(4) No owner or operator of a NOX Budget unit 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:
[[Page 740]]
(i) During the period that the unit is covered by an exemption under
Sec. 97.4(b) or Sec. 97.5 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 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 for the retired or discontinued monitoring system in
accordance with Sec. 97.71(b)(2).
[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002]