[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: 40CFR97.74]
[Page 743-745]
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. 97.74 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. 97.10(e)(1).
(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 that 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 under part 72 of this chapter,
then 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
[[Page 744]]
shall submit an application to the Administrator, the appropriate EPA
Regional Office, and the permitting authority within 45 days after
completing all initial certification or recertification tests required
under Sec. 97.71 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 a unit for which the owner or operator intends to apply or
applies for the early reduction credits under Sec. 97.43, the calendar
quarter that includes the date of initial provisional certification
under Sec. 97.71(b)(3)(iii) or Sec. 97.71(c). Data shall be recorded and
reported from the date and hour corresponding to the date and hour of
provisional certification; or
(ii) For a unit that commences operation on or before May 1, 2003
and that is not subject to paragraph (d)(1)(i) of this section, the
earlier of the calender quarter that includes the date of initial
provisional certification under Sec. 97.71(b)(3)(iii) or Sec. 97.71(c)
or, if the certification tests are not completed by May 1, 2003, the
calendar quarter covering May 1, 2003 through June 30, 2003. 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, 2003; or
(iii) For a unit that commences operation after May 1, 2003, the
calendar quarter in which the unit commences operation. Data shall be
recorded and reported from the date and hour corresponding to when the
unit commences 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 deadlines specified in paragraph (d)(1) of this section; or
(ii) Submit quarterly reports covering the period May 1 through
September 30 of each year and including the data described in
Sec. 75.74(c)(6) of this chapter. The NOX authorized account
representative shall submit such quarterly reports, beginning with:
(A) For a unit for which the owner or operator intends to apply or
applies for early reduction credits under Sec. 97.43, the calendar
quarter that includes the date of initial provisional certification
under Sec. 97.71(b)(3)(iii) or Sec. 97.71(c). Data shall be recorded and
reported from the date and hour corresponding to the date and hour of
provisional certification; or
(B) For a unit that commences operation on or before May 1, 2003 and
that is not subject to paragraph (d)(2)(i) of this section, the calendar
quarter covering May 1, 2003 through June 30, 2003. Data shall be
recorded and reported from the earlier of the date and hour
corresponding to the date and hour of initial provisional certification
under Sec. 97.71(b)(3)(iii) or Sec. 97.71(c) or the first hour of May 1,
2003; or
(C) For a unit that commences operation after May 1, 2003 and during
a control period, the calendar quarter in which the unit commences
operation. Data shall be reported from the date and hour corresponding
to when the unit commences operation; or
(D) For a unit that commences operation after May 1, 2003 and not
during a control period, the calendar quarter covering the first control
period after the unit commences operation. Data shall be recorded and
reported from the earlier of the date and hour corresponding to the date
and hour of initial provisional certification under
Sec. 97.71(b)(3)(iii) or Sec. 97.71(c) or the first hour of May 1 of the
first control period 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.
[[Page 745]]
(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) and the data and
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;
(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 quality assurance/quality control
program under appendix B of part 75 of this chapter and the substitute
values do not systematically underestimate NOX emissions; and
(iii) For a unit that is reporting on a control period basis under
paragraph (d)(2)(ii) of this section, 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.
[65 FR 2727, Jan. 18, 2000, as amended at 67 FR 21530, Apr. 30, 2002]