40 CFR § 75.60 - General provisions.

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§ 75.60 General provisions.

(a) The designated representative for any affected unit subject to the requirements of this part shall comply with all reporting requirements in this section and with the signatory requirements of § 72.21 of this chapter for all submissions.

(b) Submissions. The designated representative shall submit all reports and petitions (except as provided in § 75.61) as follows:

(1) Initial certifications. The designated representative shall submit initial certification applications according to § 75.63.

(2) Recertifications. The designated representative shall submit recertification applications according to § 75.63.

(3) Monitoring plans. The designated representative shall submit monitoring plans according to § 75.62.

(4) Electronic quarterly reports. The designated representative shall submit electronic quarterly reports according to § 75.64.

(5) Other petitions and communications. The designated representative shall submit petitions, correspondence, application forms, designated representative signature, and petition-related test results in hardcopy to the Administrator. Additional petition requirements are specified in §§ 75.66 and 75.67.

(6) Semiannual or annual RATA reports. If requested in writing (or by electronic mail) by the applicable EPA Regional Office, appropriate State, and/or appropriate local air pollution control agency, the designated representative shall submit a hardcopy RATA report within 45 days after completing a required semiannual or annual RATA according to section 2.3.1 of appendix B to this part, or within 15 days of receiving the request, whichever is later. The designated representative shall report the hardcopy information required by § 75.59(a)(9) to the applicable EPA Regional Office, appropriate State, and/or appropriate local air pollution control agency that requested the RATA report.

(7) Routine appendix E retest reports. If requested in writing (or by electronic mail) by the applicable EPA Regional Office, appropriate State, and/or appropriate local air pollution control agency, the designated representative shall submit a hardcopy report within 45 days after completing a required periodic retest according to section 2.2 of appendix E to this part, or within 15 days of receiving the request, whichever is later. The designated representative shall report the hardcopy information required by § 75.59(b)(5) to the applicable EPA Regional Office, appropriate State, and/or appropriate local air pollution control agency that requested the hardcopy report.

(c) Confidentiality of data. The following provisions shall govern the confidentiality of information submitted under this part.

(1) All emission data reported in quarterly reports under § 75.64 shall remain public information.

(2) For information submitted under this part other than emission data submitted in quarterly reports, the designated representative must assert a claim of confidentiality at the time of submission for any information he or she wishes to have treated as confidential business information (CBI) under subpart B of part 2 of this chapter. Failure to assert a claim of confidentiality at the time of submission may result in disclosure of the information by EPA without further notice to the designated representative.

(3) Any claim of confidentiality for information submitted in quarterly reports under § 75.64 must include substantiation of the claim. Failure to provide substantiation may result in disclosure of the information by EPA without further notice.

(4) As provided under subpart B of part 2 of this chapter, EPA may review information submitted to determine whether it is entitled to confidential treatment even when confidentiality claims are initially received. The EPA will contact the designated representative as part of such a review process.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26538, May 17, 1995; 64 FR 28620, May 26, 1999; 67 FR 40442, June 12, 2002; 73 FR 4356, Jan. 24, 2008; 76 FR 17316, Mar. 28, 2011]

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