[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: 40CFR97.71]
[Page 740-743]
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. 97.71 Initial certification and recertification procedures.
(a) The owner or operator of a NOX Budget unit that is
subject to an Acid Rain emissions limitation shall comply with the
initial certification and recertification procedures of part 75 of this
chapter, except that:
(1) If, prior to January 1, 1998, the Administrator approved a
petition under Sec. 75.17(a) or (b) of this chapter for apportioning the
NOX emission rate measured in a common stack or a petition
under Sec. 75.66 of this chapter for an alternative to a requirement in
Sec. 75.17 of this chapter, the NOX authorized account
representative shall resubmit the petition to the Administrator under
Sec. 97.75(a) to determine if the approval applies under the
NOX Budget Trading Program.
(2) For any additional CEMS required under the common stack
provisions in Sec. 75.72 of this chapter or for any NOX
concentration CEMS used under the provisions of Sec. 75.71(a)(2) of this
chapter, the owner or operator shall meet the requirements of paragraph
(b) of this section.
(b) The owner or operator of a NOX Budget unit that is
not subject to an Acid Rain emissions limitation shall comply with the
following initial certification and recertification procedures. The
owner or operator of such a unit that qualifies to use the low mass
emissions excepted monitoring methodology under Sec. 75.19 of this
chapter or that qualifies to use an alternative monitoring system under
subpart E of part 75 of this chapter shall comply with the following
procedures, as modified by paragraph (c) or (d) of this section. The
owner or operator of a NOX Budget unit that is subject to an
Acid Rain emissions limitation and that requires additional CEMS under
the common stack provisions in Sec. 75.72 of this chapter or uses a
NOX concentration CEMS under Sec. 75.71(a)(2) of this chapter
shall comply with the following procedures.
(1) Requirements for initial certification. The owner or operator
shall ensure that each monitoring system required by subpart H of part
75 of this chapter (which includes the automated data acquisition and
handling system) successfully completes all of the initial certification
testing required under Sec. 75.20 of this chapter by the applicable
deadline in Sec. 97.70(b). In addition, whenever the owner or operator
installs a monitoring system in order to meet the requirements of this
part in a location where no such monitoring system was previously
installed, initial certification in accordance with Sec. 75.20 of this
chapter is required.
(2) Requirements for recertification. Whenever the owner or operator
makes a replacement, modification, or change in a certified monitoring
system that may significantly affect the ability of the system to
accurately measure or record NOX mass emissions or heat input
rate or to meet the requirements of Sec. 75.21 of this chapter or
appendix B to part 75 of this chapter, the owner or operator shall
recertify the monitoring system in accordance with Sec. 75.20(b) of this
chapter. Furthermore, whenever the owner or operator makes a
replacement, modification, or change to the flue gas handling system or
the unit's operation that may significantly change the stack flow or
concentration profile, the owner or operator shall recertify the
continuous emissions monitoring system in accordance with Sec. 75.20(b)
of this chapter. Examples of changes that require recertification
include: replacement of the analyzer, complete replacement of an
existing
[[Page 741]]
continuous emission monitoring system, or change in location or
orientation of the sampling probe or site.
(3) Certification approval process for initial certification and
recertification--(i) Notification of certification. The NOX
authorized account representative shall submit to the Administrator, the
appropriate EPA Regional Office and the permitting authority written
notice of the dates of certification in accordance with Sec. 97.73.
(ii) Certification application. The NOX authorized
account representative shall submit to the Administrator, the
appropriate EPA Regional Office and the permitting authority a
certification application for each monitoring system required under
subpart H of part 75 of this chapter. A complete certification
application shall include the information specified in subpart H of part
75 of this chapter.
(iii) Except for units using the low mass emission excepted
methodology under Sec. 75.19 of this chapter, the provisional
certification date for a monitor shall be determined in accordance with
Sec. 75.20(a)(3) of this chapter. A provisionally certified monitor may
be used under the NOX Budget Trading Program for a period not
to exceed 120 days after receipt by the Administrator of the complete
certification application for the monitoring system or component thereof
under paragraph (b)(3)(ii) of this section. Data measured and recorded
by the provisionally certified monitoring system or component thereof,
in accordance with the requirements of part 75 of this chapter, will be
considered valid quality-assured data (retroactive to the date and time
of provisional certification), provided that the Administrator does not
invalidate the provisional certification by issuing a notice of
disapproval within 120 days of receipt of the complete certification
application by the Administrator.
(iv) Certification application formal approval process. The
Administrator will issue a written notice of approval or disapproval of
the certification application to the owner or operator within 120 days
of receipt of the complete certification application under paragraph
(b)(3)(ii) of this section. In the event the Administrator does not
issue such a notice within such 120-day period, each monitoring system
that meets the applicable performance requirements of part 75 of this
chapter and is included in the certification application will be deemed
certified for use under the NOX Budget Trading Program.
(A) Approval notice. If the certification application is complete
and shows that each monitoring system meets the applicable performance
requirements of part 75 of this chapter, then the Administrator will
issue a written notice of approval of the certification application
within 120 days of receipt.
(B) Incomplete application notice. A certification application will
be considered complete when all of the applicable information required
to be submitted under paragraph (b)(3)(ii) of this section has been
received by the Administrator. If the certification application is not
complete, then the Administrator will issue a written notice of
incompleteness that sets a reasonable date by which the NOX
authorized account representative must submit the additional information
required to complete the certification application. If the
NOX authorized account representative does not comply with
the notice of incompleteness by the specified date, then the
Administrator may issue a notice of disapproval under paragraph
(b)(3)(iv)(C) of this section. The 120-day review period shall not begin
prior to receipt of a complete certification application.
(C) Disapproval notice. If the certification application shows that
any monitoring system or component thereof does not meet the performance
requirements of this part, or if the certification application is
incomplete and the requirement for disapproval under paragraph
(b)(3)(iv)(B) of this section has been met, then the Administrator will
issue a written notice of disapproval of the certification application.
Upon issuance of such notice of disapproval, the provisional
certification is invalidated by the Administrator and the data measured
and recorded by each uncertified monitoring system or component thereof
shall not be considered valid quality-assured data beginning with the
date and hour of provisional certification (as defined
[[Page 742]]
under Sec. 75.20(a)(3) of this chapter). The owner or operator shall
follow the procedures for loss of certification in paragraph (b)(3)(v)
of this section for each monitoring system or component thereof that is
disapproved for initial certification.
(D) Audit decertification. The Administrator may issue a notice of
disapproval of the certification status of a monitor in accordance with
Sec. 97.72(b).
(v) Procedures for loss of certification. If the Administrator
issues a notice of disapproval of a certification application under
paragraph (b)(3)(iv)(C) of this section or a notice of disapproval of
certification status under paragraph (b)(3)(iv)(D) of this section,
then:
(A) The owner or operator shall substitute the following values, for
each hour of unit operation during the period of invalid data specified
under Sec. 75.20(a)(4)(iii), Sec. 75.20(b)(5), Sec. 75.20(h)(4), or
Sec. 75.21(e) and continuing until the date and hour specified under
Sec. 75.20(a)(5)(i) of this chapter:
(1) For units that the owner or operator intends to monitor or
monitors for NOX emission rate and heat input rate or intends
to determine or determines NOX mass emissions using the low
mass emission excepted methodology under Sec. 75.19 of this chapter, the
maximum potential NOX emission rate and the maximum potential
hourly heat input of the unit; and
(2) For units that the owner or operator intends to monitor or
monitors for NOX mass emissions using a NOX
pollutant concentration monitor and a flow monitor, the maximum
potential concentration of NOX and the maximum potential flow
rate of the unit under section 2 of appendix A of part 75 of this
chapter.
(B) The NOX authorized account representative shall
submit a notification of certification retest dates and a new
certification application in accordance with paragraphs (b)(3)(i) and
(ii) of this section.
(C) The owner or operator shall repeat all certification tests or
other requirements that were failed by the monitoring system, as
indicated in the Administrator's notice of disapproval, no later than 30
unit operating days after the date of issuance of the notice of
disapproval.
(c) Initial certification and recertification procedures for low
mass emission units using the excepted methodologies under Sec. 75.19 of
this chapter. The owner or operator of a gas-fired or oil-fired unit
using the low mass emissions excepted methodology under Sec. 75.19 of
this chapter and not subject to an Acid Rain emissions limitation shall
meet the applicable general operating requirements of Sec. 75.10 of this
chapter and the applicable requirements of Sec. 75.19 of this chapter.
The owner or operator of such a unit shall also meet the applicable
certification and recertification procedures of paragraph (b) of this
section, except that the excepted methodology shall be deemed
provisionally certified for use under the NOX Budget Trading
Program as of the following dates:
(i) For a unit that does not have monitoring equipment initially
certified or recertified for the NOX Budget Trading Program
as of the date on which the NOX authorized account
representative submits the certification application under Sec. 75.19 of
this chapter for the unit, starting on the date of such submission until
the completion of the period for the Administrator's review.
(ii) For a unit that has monitoring equipment initially certified or
recertified for the NOX Budget Trading Program as of the date
on which the NOX authorized account representative submits
the certification application under Sec. 75.19 of this chapter for the
unit and that reports data on an annual basis under Sec. 97.74(d),
starting January 1 of the year after the year of such submission until
the completion of the period for the Administrator's review.
(iii) For a unit that has monitoring equipment initially certified
or recertified for the NOX Budget Trading Program as of the
date on which the NOX Authorized Account Representative
submits the certification application under Sec. 75.19 of this chapter
for the unit and that reports on a control season basis under
Sec. 97.74(d), starting May 1 of the control period after the year of
such submission until the completion of the period for the
Administrator's review.
(d) Certification/recertification procedures for alternative
monitoring systems.
[[Page 743]]
The NOX authorized account representative of each unit not
subject to an Acid Rain emissions limitation for which the owner or
operator intends to use an alternative monitoring system approved by the
Administrator under subpart E of part 75 of this chapter shall comply
with the applicable certification procedures of paragraph (b) of this
section before using the system under the NOX Budget Trading
Program. The NOX authorized account representative shall also
comply with the applicable recertification procedures of paragraph (b)
of this section. Section 75.20(f) of this chapter shall apply to such
alternative monitoring system.