40 CFR § 75.4 - Compliance dates.

§ 75.4 Compliance dates.

(a) The provisions of this part apply to each existing Phase I and Phase II unit on February 10, 1993. For substitution or compensating units that are so designated under the Acid Rain permit which governs that unit and contains the approved substitution or reduced utilization plan, pursuant to § 72.41 or § 72.43 of this chapter, the provisions of this part become applicable upon the issuance date of the Acid Rain permit. For combustion sources seeking to enter the Opt-in Program in accordance with part 74 of this chapter, the provisions of this part become applicable upon the submission of an opt-in permit application in accordance with § 74.14 of this chapter. The provisions of this part for the monitoring, recording, and reporting of NOX mass emissions become applicable on the deadlines specified in the applicable State or federal NOX mass emission reduction program, to the extent these provisions are adopted as requirements under such a program. In accordance with § 75.20, the owner or operator of each existing affected unit shall ensure that all monitoring systems required by this part for monitoring SO2, NOX, CO2, opacity, moisture and volumetric flow are installed and that all certification tests are completed no later than the following dates (except as provided in paragraphs (d) through (i) of this section):

(1) For a unit listed in table 1 of § 73.10(a) of this chapter, November 15, 1993.

(2) For a substitution or a compensating unit that is designated under an approved substitution plan or reduced utilization plan pursuant to § 72.41 or § 72.43 of this chapter, or for a unit that is designated an early election unit under an approved NOX compliance plan pursuant to part 76 of this chapter, that is not conditionally approved and that is effective for 1995, the earlier of the following dates:

(i) January 1, 1995; or

(ii) 90 days after the issuance date of the Acid Rain permit (or date of approval of permit revision) that governs the unit and contains the approved substitution plan, reduced utilization plan, or NOX compliance plan.

(3) For either a Phase II unit, other than a gas-fired unit or an oil-fired unit, or a substitution or compensating unit that is not a substitution or compensating unit under paragraph (a)(2) of this section: January 1, 1995.

(4) For a gas-fired Phase II unit or an oil-fired Phase II unit, January 1, 1995, except that installation and certification tests for continuous emission monitoring systems for NOX and CO2 or excepted monitoring systems for NOX under appendix E or CO2 estimation under appendix G of this part shall be completed as follows:

(i) For an oil-fired Phase II unit or a gas-fired Phase II unit located in an ozone nonattainment area or the ozone transport region, not later than July 1, 1995; or

(ii) For an oil-fired Phase II unit or a gas-fired Phase II unit not located in an ozone nonattainment area or the ozone transport region, not later than January 1, 1996.

(5) For combustion sources seeking to enter the Opt-in Program in accordance with part 74 of this chapter, the expiration date of a combustion source's opt-in permit under § 74.14(e) of this chapter.

(b) In accordance with § 75.20, the owner or operator of each new affected unit shall ensure that all monitoring systems required under this part for monitoring of SO2, NOX, CO2, opacity, and volumetric flow are installed and all certification tests are completed on or before the later of the following dates:

(1) January 1, 1995, except that for a gas-fired unit or oil-fired unit located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NOX and CO2 monitoring systems shall be July 1, 1995 and for a gas-fired unit or an oil-fired unit not located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NOX and CO2 monitoring systems shall be January 1, 1996; or

(2) 180 calendar days after the date the unit commences commercial operation, notice of which date shall be provided under subpart G of this part.

(c) In accordance with § 75.20, the owner or operator of any unit affected under any paragraph of § 72.6(a)(3) (ii) through (vii) of this chapter shall ensure that all monitoring systems required under this part for monitoring of SO2, NOX, CO2, opacity, and volumetric flow are installed and all certification tests are completed on or before the later of the following dates:

(1) January 1, 1995, except that for a gas-fired unit or oil-fired unit located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NOX and CO2 monitoring systems shall be July 1, 1995 and for a gas-fired unit or an oil-fired unit not located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NOX and CO2 monitoring systems shall be January 1, 1996; or

(2) 180 calendar days after the date on which the unit becomes subject to the requirements of the Acid Rain Program, notice of which date shall be provided under subpart G of this part.

(d) This paragraph (d) applies to affected units under the Acid Rain Program and to units subject to a State or Federal pollutant mass emissions reduction program that adopts the emission monitoring and reporting provisions of this part. In accordance with § 75.20, for an affected unit which, on the applicable compliance date, is either in long-term cold storage (as defined in § 72.2 of this chapter) or is shut down as the result of a planned outage or a forced outage, thereby preventing the required continuous monitoring system certification tests from being completed by the compliance date, the owner or operator shall provide notice of such unit storage or outage in accordance with § 75.61(a)(3) or § 75.61(a)(7), as applicable. For the planned and unplanned unit outages described in this paragraph (d), the owner or operator shall ensure that all of the continuous monitoring systems for SO2, NOX, CO2, opacity, and volumetric flow rate required under this part (or under the applicable State or Federal mass emissions reduction program) are installed and that all required certification tests are completed no later than 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit recommences commercial operation, notice of which date shall be provided under § 75.61(a)(3) or § 75.61(a)(7), as applicable. The owner or operator shall determine and report SO2 concentration, NOX emission rate, CO2 concentration, and flow rate data (as applicable) for all unit operating hours after the applicable compliance date until all of the required certification tests are successfully completed, using either:

(1) The maximum potential concentration of SO2 (as defined in section 2.1.1.1 of appendix A to this part), the maximum potential NOX emission rate, as defined in § 72.2 of this chapter, the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, or the maximum potential CO2 concentration, as defined in section 2.1.3.1 of appendix A to this part; or

(2) The conditional data validation provisions of § 75.20(b)(3); or

(3) Reference methods under § 75.22(b); or

(4) Another procedure approved by the Administrator pursuant to a petition under § 75.66.

(e) In accordance with § 75.20, if the owner or operator of an affected unit completes construction of a new stack or flue, or a flue gas desulfurization system or add-on NOX emission controls, after the applicable deadline in paragraph (a), (b), or (c) of this section:

(1) Except as otherwise provided in paragraph (e)(3) of this section, the owner or operator shall ensure that all required certification and/or recertification and/or diagnostic tests of the monitoring systems required under this part (i.e., the SO2, NOX, CO2, O2, opacity, volumetric flow rate, and moisture monitoring systems, as applicable) are completed not later than 90 unit operating days or 180 calendar days (whichever occurs first) after:

(i) For the event of construction of a new stack or flue, the date that emissions first exit to the atmosphere through the new stack or flue, notice of which date shall be provided under subpart G of this part; or

(ii) For the event of installation of a flue gas desulfurization system or add-on NOX emission controls, the date that reagent is first injected into the flue gas desulfurization system or the add-on NOX emission controls, as applicable, notice of which date shall be provided under subpart G of this part.

(2) The owner or operator shall determine and report, as applicable, SO2 concentration, NOX concentration, NOX emission rate, CO2 concentration, O2 concentration, volumetric flow rate, and moisture data for all unit or stack operating hours after emissions first pass through the new stack or flue, or reagent is first injected into the flue gas desulfurization system or add-on NOX emission controls, as applicable, until all required certification and/or recertification and/or diagnostic tests are successfully completed, using:

(i) Quality-assured data recorded by a previously-certified monitoring system for which the event requires no additional testing;

(ii) The applicable missing data substitution procedures under §§ 75.31 through 75.37;

(iii) The conditional data validation procedures of § 75.20(b)(3), except that conditional data validation may, if necessary, be used for the entire window of time provided under paragraph (e)(1) of this section in lieu of the periods specified in § 75.20(b)(3)(iv);

(iv) Reference methods under § 75.22(b);

(v) For the event of installation of a flue gas desulfurization system or add-on NOX emission controls, quality-assured data recorded on the high measurement scale of the monitor that measures the pollutant being removed by the add-on emission controls (i.e., SO2 or NOX, as applicable), if, pursuant to section 2 of appendix A to this part, two spans and ranges are required for that monitor and if the high measurement scale of the monitor has been certified according to § 75.20(c), section 6 of appendix A to this part, and, if applicable, paragraph (e)(4)(i) of this section. Data recorded on the certified high scale that ordinarily would be required to be recorded on the low scale, pursuant to section 2.1.1.4(g) or 2.1.2.4(f) of appendix A to this part, may be reported as quality-assured for a period not to exceed 60 unit or stack operating days after the date and hour that reagent is first injected into the control device, after which one or more of the options provided in paragraphs (e)(2)(ii), (e)(2)(iii), (e)(2)(iv) and (e)(2)(vi) of this section must be used to report SO2 or NOX concentration data (as applicable) for each operating hour in which these low emissions occur, until certification testing of the low scale of the monitor is successfully completed; or

(vi) Another procedure approved by the Administrator pursuant to a petition under § 75.66.

(3) If a particular project involves both the event of new stack or flue construction and the event of installation of a flue gas desulfurization system or add-on NOX emission controls, the owner or operator shall either:

(i) Complete all of the monitoring system certification and/or recertification and/or diagnostic testing requirements of both events within the window of time provided under paragraph (e)(1)(i) of this section; or

(ii) Complete all of the monitoring system certification and/or recertification and/or diagnostic testing requirements of each event within the separate window of time applicable to such event provided under paragraph (e)(1) of this section.

(4) For the project described in paragraph (e)(3) of this section, the emissions data from each CEMS installed on the new stack recorded in the interval of time starting on the date and hour on which emissions first exit to the atmosphere through the new stack and ending on the hour before the date and hour on which reagent is first injected into the control device may be reported as quality assured:

(i) For the CEMS that includes the monitor that measures the pollutant being removed by the add-on emission controls (i.e., SO2 or NOX, as applicable):

(A) Only if the relative accuracy test audit (RATA) of the high measurement scale of the monitor is successfully completed either prior to the date and hour of the first injection of reagent into the emission control device, or after that date and hour during a period when the control device is not operating, but still within the window of time provided under paragraph (e)(1)(i) of this section, and the rest of the certification tests required under § 75.20(c) and section 6 of appendix A to this part for the high measurement scale of the monitor are successfully completed within the window of time provided under paragraph (e)(1)(i) of this section;

(B) Beginning with:

(1) The first unit or stack operating hour after successful completion of all of the certification tests in accordance with paragraph (e)(4)(i)(A) of this section; or

(2) The hour of the probationary calibration error test (see § 75.20(b)(3)(ii)), if conditional data validation is used and all of the certification tests are successfully completed in accordance with paragraph (e)(4)(i)(A) of this section, with no test failures. If any required test is failed or aborted or is otherwise not in accordance with paragraph (e)(4)(i)(A) of this section, data validation shall be done according to § 75.20(b)(3)(vii).

(ii) For a CEMS other than one addressed in paragraph (e)(4)(i) of this section:

(A) Only if the relative accuracy test audit (RATA) of the CEMS is successfully completed either prior to the date and hour of the first injection of reagent into the emission control device, or after that date and hour during a period when the control device is not operating, but still within the window of time provided under paragraph (e)(1)(i) of this section, and the rest of the certification tests required under § 75.20(c) and section 6 of appendix A to this part for the CEMS are successfully completed within the window of time provided under paragraph (e)(1)(i) of this section;

(B) Beginning with:

(1) The first unit or stack operating hour after successful completion of all of the certification tests in accordance with paragraph (e)(4)(ii)(A) of this section; or

(2) The hour of the probationary calibration error test (see § 75.20(b)(3)(ii)), if conditional data validation is used and all of the certification tests are successfully completed in accordance with paragraph (e)(4)(ii)(A) of this section, with no test failures. If any required test is failed or aborted or is otherwise not in accordance with paragraph (e)(4)(ii)(A) of this section, data validation shall be done according to § 75.20(b)(3)(vii).

(f) In accordance with § 75.20, the owner or operator of an affected gas-fired or oil-fired peaking unit, if planning to use appendix E of this part, shall ensure that the required certification tests for excepted monitoring systems under appendix E are completed for backup fuel, as defined in § 72.2 of this chapter, no later than 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit first combusts the backup fuel following the certification testing with the primary fuel. If the required testing is completed by this deadline, the appendix E correlation curve derived from the test results may be used for reporting data under this part beginning with the first date and hour that the backup fuel is combusted, provided that the fuel flowmeter for the backup fuel was certified as of that date and hour. If the required appendix E testing has not been successfully completed by the compliance date in this paragraph, then, until the testing is completed, the owner or operator shall report NOX emission rate data for all unit operating hours that the backup fuel is combusted using either:

(1) The fuel-specific maximum potential NOX emission rate, as defined in § 72.2 of this chapter; or

(2) Reference methods under § 75.22(b) of this part; or

(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.

(g) The provisions of this paragraph shall apply unless an owner or operator is exempt from certifying a fuel flowmeter for use during combustion of emergency fuel under section 2.1.4.3 of appendix D to this part, in which circumstance the provisions of section 2.1.4.3 of appendix D shall apply. In accordance with § 75.20, whenever the owner or operator of a gas-fired or oil-fired unit uses an excepted monitoring system under appendix D or E of this part and combusts emergency fuel as defined in § 72.2 of this chapter, then the owner or operator shall ensure that a fuel flowmeter measuring emergency fuel is installed and the required certification tests for excepted monitoring systems are completed by no later than 30 unit operating days after the first date after January 1, 1995 that the unit combusts emergency fuel. For all unit operating hours that the unit combusts emergency fuel after January 1, 1995 until the owner or operator installs a flowmeter for emergency fuel and successfully completes all required certification tests, the owner or operator shall determine and report SO2 mass emission data using either:

(1) The maximum potential fuel flow rate, as described in appendix D of this part, and the maximum sulfur content of the fuel, as described in section 2.1.1.1 of appendix A of this part;

(2) Reference methods under § 75.22(b) of this part; or

(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.

(h) [Reserved]

(i) In accordance with § 75.20, the owner or operator of each affected unit at which SO2 concentration is measured on a dry basis or at which moisture corrections are required to account for CO2 emissions, NOX emission rate in lb/mmBtu, heat input, or NOX mass emissions for units in a NOX mass reduction program, shall ensure that the continuous moisture monitoring system required by this part is installed and that all applicable initial certification tests required under § 75.20(c)(5), (c)(6), or (c)(7) for the continuous moisture monitoring system are completed no later than the following dates:

(1) April 1, 2000, for a unit that is existing and has commenced commercial operation by January 2, 2000;

(2) For a new affected unit which has not commenced commercial operation by January 2, 2000, 90 unit operating days or 180 calendar days (whichever occurs first) after the date the unit commences commercial operation; or

(3) For an existing unit that is shutdown and is not yet operating by April 1, 2000, 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit recommences commercial operation.

(j) If the certification tests required under paragraph (b) or (c) of this section have not been completed by the applicable compliance date, the owner or operator shall determine and report SO2 concentration, NOX emission rate, CO2 concentration, and flow rate data for all unit operating hours after the applicable compliance date in this paragraph until all required certification tests are successfully completed using either:

(1) The maximum potential concentration of SO2, as defined in section 2.1.1.1 of appendix A to this part, the maximum potential NOX emission rate, as defined in § 72.2 of this chapter, the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, or the maximum potential CO2 concentration, as defined in section 2.1.3.1 of appendix A to this part;

(2) Reference methods under § 75.22(b); or

(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.

[60 FR 17131, Apr. 4, 1995, as amended at 60 FR 26516, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 64 FR 28588, May 26, 1999; 67 FR 40421, June 12, 2002; 73 FR 4340, Jan. 24, 2008; 76 FR 17306, Mar. 28, 2011; 76 FR 50132, Aug. 12, 2011]

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