40 CFR § 75.66 - Petitions to the Administrator.

§ 75.66 Petitions to the Administrator.

(a) General. The designated representative for an affected unit subject to the requirements of this part may submit a petition to the Administrator requesting that the Administrator exercise his or her discretion to approve an alternative to any requirement prescribed in this part or incorporated by reference in this part. Any such petition shall be submitted in accordance with the requirements of this section. The designated representative shall comply with the signatory requirements of § 72.21 of this chapter for each submission.

(b) Alternative flow monitoring method petition. In cases where no location exists for installation of a flow monitor in either the stack or the ducts serving an affected unit that satisfies the minimum physical siting criteria in appendix A of this part or where installation of a flow monitor in either the stack or duct is demonstrated to the satisfaction of the Administrator to be technically infeasible, the designated representative for the affected unit may petition the Administrator for an alternative method for monitoring volumetric flow. The petition shall, at a minimum, contain the following information:

(1) Identification of the affected unit(s);

(2) Description of why the minimum siting criteria cannot be met within the existing ductwork or stack(s). This description shall include diagrams of the existing ductwork or stack, as well as documentation of any attempts to locate a flow monitor; and

(3) Description of proposed alternative method for monitoring flow.

(c) Alternative to standards incorporated by reference. The designated representative for an affected unit may apply to the Administrator for an alternative to any standard incorporated by reference and prescribed in this part. The designated representative shall include the following information in an application:

(1) A description of why the prescribed standard is not being used;

(2) A description and diagram(s) of any equipment and procedures used in the proposed alternative;

(3) Information demonstrating that the proposed alternative produces data acceptable for use in the Acid Rain Program, including accuracy and precision statements, NIST traceability certificates or protocols, or other supporting data, as applicable to the proposed alternative.

(d) Alternative monitoring system petitions. The designated representative for an affected unit may submit a petition to the Administrator for approval and certification of an alternative monitoring system or component according to the procedure in subpart E of this part. Each petition shall contain the information and data specified in subpart E, including the information specified in § 75.48, in a format to be specified by the Administrator.

(e) Parametric monitoring procedure petitions. The designated representative for an affected unit may submit a petition to the Administrator, where each petition shall contain the information specified in § 75.58(b) for the use of a parametric monitoring method. The Administrator will either:

(1) Publish a notice in the Federal Register indicating receipt of a parametric monitoring procedure petition;, or

(2) Notify interested parties of receipt of a parametric monitoring petition.

(f) [Reserved]

(g) Petitions for emissions or heat input apportionments. The designated representative of an affected unit shall provide information to describe a method for emissions or heat input apportionment under §§ 75.13, 75.16, 75.17, or appendix D of this part. This petition may be submitted as part of the monitoring plan. Such a petition shall contain, at a minimum, the following information:

(1) A description of the units, including their fuel type, their boiler type, and their categorization as Phase I units, substitution units, compensating units, Phase II units, new units, or non-affected units;

(2) A formula describing how the emissions or heat input are to be apportioned to which units;

(3) A description of the methods and parameters used to apportion the emissions or heat input; and

(4) Any other information necessary to demonstrate that the apportionment method accurately measures emissions or heat input and does not underestimate emissions or heat input from affected units.

(h) Partial recertification petition. The designated representative of an affected unit may provide information and petition the Administrator to specify which of the certification tests required by § 75.20 apply for partial recertification of the affected unit. Such a petition shall include the following information:

(1) Identification of the monitoring system(s) being changed;

(2) A description of the changes being made to the system;

(3) An explanation of why the changes are being made; and

(4) A description of the possible effect upon the monitoring system's ability to measure, record, and report emissions.

(i) [Reserved]

(j) Petition for alternative method of accounting for emissions prior to completion of certification tests. The designated representative for an affected unit may submit a petition to the Administrator to use an alternative to the procedures in § 75.4(d)(3), (e)(3), (f)(3) or (g)(3) to account for emissions during the period between the compliance date for a unit and the completion of certification testing for that unit. The designated representative shall include:

(1) Identification of the affected unit(s);

(2) A detailed explanation of the alternative method to account for emissions of the following parameters, as applicable: SO2 mass emissions (in lbs), NOX emission rate (in lbs/mmBtu), CO2 mass emissions (in lbs) and, if the unit is subject to the requirements of subpart H of this part, NOX mass emissions (in lbs); and

(3) A demonstration that the proposed alternative does not underestimate emissions.

(k) Petition for an alternative to the stabilization criteria for the cycle time test in section 6.4 of appendix A to this part. The designated representative for an affected unit may submit a petition to the Administrator to use an alternative stabilization criteria for the cycle time test in section 6.4 of appendix A to this part, if the installed monitoring system does not record data in 1-minute or 3-minute intervals. The designated representative shall provide a description of the alternative criteria.

(l) Any other petitions to the Administrator under this part. Except for petitions addressed in paragraphs (b) through (k) of this section, any petition submitted under this paragraph shall include sufficient information for the evaluation of the petition, including, at a minimum, the following information:

(1) Identification of the affected plant and unit(s);

(2) A detailed explanation of why the proposed alternative is being suggested in lieu of the requirement;

(3) A description and diagram of any equipment and procedures used in the proposed alternative, if applicable;

(4) A demonstration that the proposed alternative is consistent with the purposes of the requirement for which the alternative is proposed and is consistent with the purposes of this part and of section 412 of the Act and that any adverse effect of approving such alternative will be de minimis; and

(5) Any other relevant information that the Administrator may require.

[58 FR 3701, Jan. 11, 1993,as amended at 60 FR 26540, 26569, May 17, 1995; 61 FR 59162, Nov. 20, 1996; 64 FR 28623, May 26, 1999; 67 FR 40444, June 12, 2002; 73 FR 4358, Jan. 24, 2008]

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