Ohio Admin. Code 3745-14-08 - Monitoring and reporting
[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (F) of rule 3745-14-01 of the Administrative Code titled "referenced materials."]
The owners and operators, and to the extent applicable, the designated representative of a NOx budget unit, shall comply with the monitoring and reporting requirements as provided in paragraphs (A) to (G) of this rule, except when complying with approved alternative monitoring and reporting requirements provided in paragraph (H) of this rule.
(A) General requirements.
(1) The owners and operators, and to the
extent applicable, the designated representative of a NOx budget unit, shall
comply with the monitoring and reporting requirements as provided in paragraphs
(A) to (G) of this rule and in 40 CFR Part 75, Subpart H. For purposes of
complying with such requirements, the definitions in paragraph (B) of rule
3745-14-01 of the Administrative
Code and in 40 CFR
72.2
shall apply, and the terms "affected unit" and
"continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75
shall
will be
replaced by the terms "NOx budget unit" and "continuous emission monitoring
system" (or "CEMS"), respectively, as defined in paragraph (B) of rule
3745-14-01 of the Administrative
Code.
(2) The owner or operator of
each NOx budget unit shall meet all of the following requirements:
(a) Install all monitoring systems required
under paragraphs (A) to (G) of this rule for monitoring NOx mass emissions.
(This includes all systems required to monitor NOx emission rate, NOx
concentration, heat input rate, and stack flow rate, in accordance with
40 CFR
75.71 and
40 CFR
75.72.)
(b) Install all monitoring systems for
monitoring heat input rate.
(c)
Successfully complete all certification tests required under paragraph (B) of
this rule and meet all other requirements of paragraphs (A) to (G) of this rule
and 40 CFR Part 75 applicable to the monitoring systems under paragraphs
(A)(2)(a) and (A)(2)(b) of this rule.
(d) Record, report and quality assure the
data from the monitoring systems required under paragraphs (A)(2)(a) and
(A)(2)(b) of this rule.
(3) The owner or operator shall meet the
certification and other requirements of paragraphs (A)(2)(a) to (A)(2)(c) of
this rule on or before the following dates. The owner or operator shall record,
report and quality-assure the data from the monitoring systems under paragraphs
(A)(2)(a) and (A)(2)(b) of this rule on and after the following dates:
(a) For the owner or operator of a NOx budget
unit under paragraph (C)(1) of rule
3745-14-01 of the Administrative
Code that commences operation before January 1, 2003, by May 1, 2003.
(b) For the owner or operator of a NOx budget
unit under paragraph (C)(1)(a) of rule
3745-14-01 of the Administrative
Code that commences operation on or after January 1, 2003 and that reports on
an annual basis under paragraph (E)(4) of this rule, by the later of the
following dates:
(i) May 1, 2003.
(ii) Ninety days after the date on which the
unit commences commercial operation.
(c) For the owner or operator of a NOx budget
unit under paragraph (C)(1)(a) of rule
3745-14-01 of the Administrative
Code that commences operation on or after January 1, 2003 and that reports on a
control period basis under paragraph (E)(4)(b)(i) of this rule, by no later
than ninety days after the date on which the unit commences commercial
operation, provided that this date is during a control period; (If this date
does not occur during a control period, the applicable deadline is May first
immediately following this date.)
(d) For the owner or operator of a NOx budget
unit under paragraph (C)(1)(b) of rule
3745-14-01 of the Administrative
Code that commences operation on or after January 1, 2003 and that reports on
an annual basis under paragraph (E)(4) of this rule, by the later of the
following dates:
(i) May 1, 2003.
(ii) One hundred eighty days after the date
on which the unit commences operation.
(e) For the owner or operator of a NOx budget
unit under paragraph (C)(1)(b) of rule
3745-14-01 of the Administrative
Code that commences operation on or after January 1, 2003 and that reports on a
control period basis under paragraph (E)(4)(b)(ii) of this rule, by one hundred
eighty days after the date on which the unit commences operation, provided that
this date is during a control period. (If this date does not occur during a
control period, the applicable deadline is May first immediately following this
date.)
(f) For the owner or
operator of a NOx budget unit that has a new stack or flue for which
construction is completed after the applicable deadline under paragraph
(A)(3)(a), (A)(3)(b), (A)(3)(c), (A)(3)(d) or (A)(3)(e) of this rule and that
reports on an annual basis under paragraph (E)(4) of this rule, by ninety days
after the date on which emissions first exit to the atmosphere through the new
stack or flue.
(g) For the owner or
operator of a NOx budget unit that has a new stack or flue for which
construction is completed after the applicable deadline under paragraph
(A)(3)(a), (A)(3)(b), (A)(3)(c), (A)(3)(d) or (A)(3)(e) of this rule and that
reports on a control period basis under paragraph (E)(4)(b)(ii) of this rule,
by ninety days after the date on which emissions first exit to the atmosphere
through the new stack or flue, provided that this date is during a control
period. (If this date does not occur during a control period, the applicable
deadline is May first immediately following this date.)
(4) Reporting data prior to initial
certification.
The owner or operator of a NOx budget unit under paragraph (A)(3)(b), (A)(3)(c), (A)(3)(d) or (A)(3)(e) of this rule shall determine, record and report NOx mass emissions, heat input rate, and any other values required to determine NOx mass emissions (e.g., NOx emission rate and heat input rate, or NOx concentration and stack flow rate) in accordance with 40 CFR 75.70(g), from the date and hour that the unit starts operating until the date and hour on which the continuous emission monitoring system, excepted monitoring system under 40 CFR Part 75, Appendix D or 40 CFR Part 75 Appendix E, or excepted monitoring methodology under 40 CFR 75.19, is provisionally certified.
(5) Prohibitions.
(a) No owner or operator of a NOx budget unit
shall use any alternative monitoring system, alternative reference method, or
any other alternative for the required continuous emission monitoring system
without having obtained prior written approval in accordance with paragraph (F)
or (H) of this rule.
(b) No owner
or operator of a NOx budget unit shall operate the unit so as to discharge, or
allow to be discharged, NOx emissions to the atmosphere without accounting for
all such emissions in accordance with the applicable provisions of paragraphs
(A) to (G) of this rule and 40 CFR Part 75 except as provided for in
40 CFR
75.74.
(c) No owner or operator of a NOx budget unit
shall disrupt the continuous emission monitoring system, any portion thereof,
or any other approved emission monitoring method, and thereby avoid monitoring
and recording NOx mass emissions discharged into the atmosphere, except for
periods of recertification or periods when calibration, quality assurance
testing, or maintenance is performed in accordance with the applicable
provisions of paragraphs (A) to (G) of this rule and 40 CFR Part 75 except as
provided for in 40 CFR
75.74.
(d) No owner or operator of a NOx budget unit
shall retire or permanently discontinue use of the continuous emission
monitoring system, any component thereof, or any other approved emission
monitoring system, except under any one of the following circumstances:
(i) During the period that the unit is
covered by an exemption under paragraph (C)(2) of rule
3745-14-01 of the Administrative
Code that is in effect.
(ii) The
owner or operator is monitoring emissions from the unit with another certified
monitoring system approved by the director, in accordance with the applicable
provisions of paragraphs (A) to (G) of this rule and 40 CFR Part 75, for use at
that unit that provides emission data for the same pollutant or parameter as
the retired or discontinued monitoring system.
(iii) The designated representative submits
notification of the date of certification testing of a replacement monitoring
system for the retired or discontinued monitoring system in accordance with
paragraph (B)(2)(b) of this rule.
(iv) When operating under approved
alternative monitoring and reporting requirements in accordance with paragraph
(H) of this rule.
(B) Initial certification and recertification
procedures.
(1) 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 40 CFR Part
75, except as follows:
(a) If, prior to
January 1, 1998, the administrator approved a petition under
40 CFR
75.17(a) or
40 CFR
75.17(b) for apportioning
the NOx emission rate measured in a common stack or a petition under
40 CFR
75.66 for an alternative to a requirement in
40 CFR
75.17, the designated representative shall
resubmit the petition, under paragraph (F)(1) of this rule, to the
administrator to determine if the approval applies under the NOx budget
program.
(b) For any additional
CEMS required under the common stack provisions in
40 CFR
75.72, or for any NOx concentration CEMS used
under the provisions of 40
CFR 75.71(a)(2), the owner
or operator shall meet the requirements of paragraph (B)(2) of this
rule.
(2) 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
40 CFR
75.19 or that qualifies to use an alternative
monitoring system under subpart E of 40 CFR Part 75 shall comply with the
following procedures, as modified by paragraph (B)(3) or (B)(4) of this rule.
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 40 CFR
75.72 or uses a NOx concentration CEMS under
40 CFR
75.71(a)(2) shall comply
with the following:
(a)
The owner or operator shall ensure
Ensure that each monitoring system required by 40 CFR
Part 75, Subpart H (which includes the automated data acquisition and handling
system) successfully completes all of the initial certification testing
required under 40 CFR
75.20 by the applicable deadline in paragraph
(A)(3) of this rule. In addition, whenever the owner or operator installs a
monitoring system in order to meet the requirements of this chapter in a
location where no such monitoring system was previously installed, initial
certification according to 40 CFR 75.20 is
required.
(b) 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 40 CFR
75.21 or Appendix B to 40 CFR Part 75, the
owner or operator shall recertify the monitoring system in accordance with
40 CFR
75.20(b). 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
40 CFR
75.20(b). Examples of
changes that require recertification include: replacement of the analyzer,
complete replacement of an existing continuous emission monitoring system, or
change in location or orientation of the sampling probe or site.
(c) Certification approval process for
initial certifications and recertification.
(i) The designated representative shall
submit to the administrator, the United States environmental protection agency
region 5 office, and the director a written notice of the dates of
certification in accordance with paragraph (D) of this rule.
(ii) The designated representative shall
submit to the administrator, the United States environmental protection agency
region 5 office, and director a certification application for each monitoring
system required under 40 CFR Part 75, Subpart H. A complete certification
application shall include the information specified in. 40 CFR Part 75, Subpart
H.
(iii) Except for units using the
low mass emission excepted methodology under
40 CFR
75.19, the provisional certification date for
a monitor shall be determined in accordance with
40 CFR
75.20(a)(3). A provisionally
certified monitor may be used under the NOx budget program for a period not to
exceed one hundred twenty days after receipt by the director of the complete
certification application for the monitoring system or component thereof under
paragraph (B)(2)(c)(ii) of this rule. Data measured and recorded by the
provisionally certified monitoring system or component thereof, in accordance
with the requirements of 40 CFR Part 75, shall be considered valid
quality-assured data (retroactive to the date and time of provisional
certification), provided that the director does not invalidate the provisional
certification by issuing a notice of disapproval within one hundred twenty days
of receipt of the complete certification application by the director.
(iv) The director shall
may issue a
written notice of approval or disapproval of the certification application to
the owner or operator within one hundred twenty days of receipt of the complete
certification application under paragraph (B)(2)(c)(ii) of this rule. In the
event the director does not issue such a notice within such one hundred
twenty-day period, each monitoring system that meets the applicable performance
requirements of 40 CFR Part 75 and is included in the certification application
shall be
are
deemed certified for use under the NOx budget program.
(a) If the certification application is
complete and shows that each monitoring system meets the applicable performance
requirements of 40 CFR Part 75, then the director shall
may issue a
written notice of approval of the certification application within one hundred
twenty days of receipt.
(b) A
certification application shall be
is considered complete when all of the applicable
information required to be submitted under paragraph (B)(2)(c)(ii) of this rule
has been received by the director. If the certification application is not
complete, then the director shall
may issue a written notice of incompleteness that sets
a reasonable date by which the designated representative shall submit the
additional information required to complete the certification application. If
the designated representative does not comply with the notice of incompleteness
by the specified date, then the director may issue a notice of disapproval
under paragraph (B)(2)(c)(iv)(c) of this rule. The one hundred twenty-day
review period shall
does not begin prior to receipt of a complete
certification application.
(c) If
the certification application shows that any monitoring system or component
thereof does not meet the performance requirements of this chapter, or if the
certification application is incomplete and the requirement for disapproval
under paragraph (B)(2)(c)(iv)(b) of this rule has been met, then the director
shall
may
issue a written notice of disapproval of the certification application. Upon
issuance of such notice of disapproval, the provisional certification is
invalidated by the director 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 under
40 CFR
75.20(a)(3)]. The owner or
operator shall follow the procedures for loss of certification in paragraph
(B)(2)(c)(v) of this rule for each monitoring system or component thereof which
is disapproved for initial certification.
(d) The director may issue a notice of
disapproval of the certification status of a monitor in accordance with
paragraph (C)(2) of this rule.
(v) If the director issues a notice of
disapproval of a certification application under paragraph (B)(2)(c)(iv)(c) of
this rule or a notice of disapproval of certification status under paragraph
(B)(2)(c)(iv)(d) of this rule, the following shall occur:
(a) The owner or operator shall substitute
the following values, for each hour of unit operation during the period of
invalid data specified under 40 CFR
75.20(a)(4)(iii),
40 CFR
75.20(b)(5),
40 CFR
75.20(h)(4) or
40 CFR
75.21(e) and continuing
until the date and hour specified under
40 CFR
75.20(a)(5)(i):
(i) For units that the owner or operator
intends to monitor or monitors for NOx emission rate and heat input or intends
to determine or determines NOx mass emissions using the low mass emission
excepted methodology under 40 CFR 75.19, the maximum
potential NOx emission rate and the maximum potential hourly heat input of the
unit.
(ii) 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 40 CFR Part 75.
(b) The designated representative shall
submit a notification of certification retest dates and a new certification
application in accordance with paragraphs (B)(2)(c)(i) and (B)(2)(c)(ii) of
this rule.
(c) The owner or
operator shall repeat all certification tests or other requirements that were
failed by the monitoring system, as indicated in the director's notice of
disapproval, no later than thirty unit operating days after the date of
issuance of the notice of disapproval.
(3) The owner or operator of a gas
fired or oil fired unit using the low mass emissions excepted methodology under
40 CFR
75.19 and not subject to an acid rain
emission limitation shall meet the applicable general operating requirements of
40 CFR
75.10 and the applicable requirements of
40 CFR
75.19. The owner or operator of such a unit
shall also meet the applicable certification and recertification procedures of
paragraph (B)(2) of this rule, except that the excepted methodology shall be
deemed provisionally certified for use under the NOx budget program as of the
following dates:
(a) For a unit that does not
have monitoring equipment initially certified or recertified for the NOx budget
program as of the date on which the designated representative submits the
certification application under
40 CFR
75.19 for the unit, starting on the date of
such submissions until the completion of the period for the director's
review.
(b) For a unit that has
monitoring equipment initially certified or recertified for the NOx budget
program as of the date on which the designated representative submits the
certification application under
40 CFR
75.19 for the unit and that reports data on
an annual basis under paragraph (E)(4) of this rule, starting January first of
the year after the year of such submission until the completion of the period
for the director' review.
(c) For a
unit that has monitoring equipment initially certified or recertified for the
NOx budget program as of the date on which the designated representative
submits the certification application under
40 CFR
75.19 for the unit and that reports on a
control period basis under paragraph (E)(4) of this rule, starting May first of
the control period after the year of such submission until the completion of
the period for the director's review.
(4) The designated 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 40 CFR Part 75, shall comply with the
applicable certification procedures in paragraph (B)(2) of this rule before
using the system under the NOx budget program. The designated representative
shall also comply with the applicable recertification procedures in paragraph
(B)(2)(c) of this rule. The requirements of
40 CFR
75.20(f)
shall apply to such alternative monitoring
system.
(C) Out of
control periods.
(1) Whenever any monitoring
system fails to meet the quality assurance or data validation requirements of
40 CFR Part 75, data shall be substituted using the applicable procedures in 40
CFR Part 75, Appendix D, 40 CFR Part 75, Appendix E, or 40 CFR Part 75, Subpart
D.
(2) Whenever both an audit of a
monitoring system and a review of the initial certification or recertification
application reveal that any system or component should not have been certified
or recertified because it did not meet a particular performance specification
or other requirement under paragraph (B) of this rule or the applicable
provisions of 40 CFR Part 75, both at the time of the initial certification or
recertification application submission and at the time of the audit, the
director shall issue a notice of disapproval of the certification status of
such system or component. For the purposes of this paragraph, an audit shall be
either a field audit or an audit of any information submitted to the director
or the administrator. By issuing the notice of disapproval, the director
revokes prospectively the certification status of the system or component. The
data measured and recorded by the system or component shall not be considered
valid quality-assured data from the date of issuance of the notification of the
revoked certification status until the date and time that the owner or operator
completes subsequently approved initial certification or recertification tests
for the system or component.
(D) The designated representative for a NOx
budget unit shall submit written notice of certification and recertification
test dates to the director and the administrator in accordance with
40 CFR
75.61, except that if a unit is not subject
to an acid rain emission limitation, notification is only required to be sent
to the director.
(E) Record keeping
and reporting.
(1) General provisions.
(a) The designated representative shall
comply with all record keeping and reporting requirements in paragraphs (A) to
(G) of this rule.
(b) If the
designated representative for a NOx budget unit subject to an acid rain
emission limitation who signed and certified any submission that is made under
40 CFR Part 75, Subpart F or 40 CFR Part 75, Subpart G and which includes data
and information required under paragraphs (A) to (G) of this rule or 40 CFR
Part 75, Subpart H is not the same person as the designated representative or
the alternative designated representative for the unit under 40 CFR Part 72,
then the submission shall also be signed by the designated representative or
the alternative designated representative.
(2) Monitoring plans.
(3) The designated
representative shall submit an application to the administrator, United States
environmental protection agency region 5 office, and the director within
forty-five days after completing all initial certification or recertification
tests required under paragraph (B) of this rule including the information
required under 40 CFR Part 75, Subpart H.
(4) The designated representative shall
submit quarterly reports as follows
do the following:
(a)
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 paragraphs (A) to (G) of this rule, the designated representative shall submit a
quarterly report for each calendar quarter beginning with the following:
(i) For a unit that commences operation on or
before May 1, 2003, the earlier of the calendar quarter that includes the date
of initial provisional certification under paragraph (B)(2)(c)(iii) or (B)(3)
of this rule 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.
(ii) For a unit that
commences operation after May 1, 2003, the calendar quarter in which the unit
commences operation. Data shall be reported from the date and hour
corresponding to when the unit commenced operation.
(b) If a NOx budget unit is not subject to an
acid rain emission limitation, then the designated
representative shall do either of the following:
(i) Meet all of the requirements of 40 CFR
Part 75 related to monitoring and reporting NOx mass emissions during the
entire year and meet the reporting deadlines specified in paragraph (E)(4)(a)
of this rule.
(ii) Submit quarterly
reports covering the period May first through September thirtieth of each year
and including the data described in
40 CFR
75.74(c)(6). The designated
representative shall submit such quarterly reports, beginning with:
(a) For a unit that commences operation on or
before May 1, 2003 and that is not subject to paragraph (E)(4)(b)(i) of this
rule, 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 certification under paragraph
(B)(2)(c)(iii) or (B)(3) of this rule or the first hour of May 1,
2003.
(b) 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.
(c) 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 paragraph (B)(2)(c)(iii) or
(B)(3) of this rule or the first hour of May first of the first control period
after the unit commences operation.
(c)
The designated
representative shall submit
Submit each
quarterly report to the administrator within thirty days following the end of
the calendar quarter covered by the report.
Quarterly reports shall be submitted in the manner specified in 40 CFR
Part 75, Subpart H and 40
CFR 75.64, as follows:
(i) For units subject to an acid rain
emissions limitation, quarterly reports shall include all of the data and
information required in 40 CFR Part 75, Subpart H for each NOx budget unit (or
group of units using a common stack) and the data and information required in
40 CFR Part 75, Subpart G.
(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 40 CFR
Part 75, Subpart H for each NOx budget unit (or group of units using a common
stack).
(d)
The designated representative shall
submit
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 units' emissions are correctly and fully monitored. The
compliance certification shall state the following:
(i) The monitoring data submitted were
recorded in accordance with the applicable requirements of paragraphs (A) to
(G) of this rule and 40 CFR Part 75, 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 40 CFR
75.34(a)(1), the add-on
emission controls were operating within the range of parameters listed in the
quality assurance/quality control program under 40 CFR Part 75, Appendix B and
the substitute values do not systematically underestimate NOx
emissions.
(iii) For a unit that is
reporting on a control period basis under paragraph (E)(4)(d)(ii) of this rule,
the NOx emission rate and NOx concentration values substituted for missing data
under 40 CFR Part 75, Subpart D are calculated using only values from a control
period and do not systematically underestimate NOx emissions.
(F)
Petitions.
(1) The designated representative
of a NOx budget unit that is subject to an acid rain emission limitation may
submit a petition under 40
CFR 75.66 to the administrator requesting
approval to apply an alternative to any requirement of paragraphs (A) to (G) of
this rule, as follows:
(a) Application of an
alternative to any requirement of paragraphs (A) to (G) of this rule shall be
in accordance with paragraphs (A) to (G) of this rule only to the extent that
the petition is approved by the administrator in consultation with the
director.
(b) Notwithstanding
paragraph (F)(1)(a) of this rule, if the petition requests approval to apply an
alternative to a requirement concerning any additional CEMS required under the
common stack provisions of 40 CFR 75.72, the petition shall
be governed by paragraph (F)(2) of this rule.
(2) The designated representative of a NOx
budget unit that is not subject to an acid rain emission limitation may submit
a petition under 40 CFR
75.66 to the director and the administrator
requesting approval to apply an alternative to any requirement of paragraphs
(A) to (G) of this rule, as follows:
(a) The
designated representative of a NOx budget unit that is subject to an acid rain
emission limitation may submit a petition under
40 CFR
75.66 to the director and the administrator
requesting approval to apply an alternative to a requirement concerning any
additional CEMS required under the common stack provisions of
40 CFR
75.72 or a NOx concentration CEMS used under
40 CFR
75.71(a)(2).
(b) Application of an alternative to any
requirement of paragraphs (A) to (G) of this rule shall be in accordance with
paragraphs (A) to (G) of this rule only to the extent the petition under
paragraph (F)(2) of this rule is approved by both the director and the
administrator.
(G) Additional requirements to provide heat
input data.
The owner or operator of a NOx budget unit that monitors and reports NOx mass emissions using a NOx concentration system and a flow system shall also monitor and report heat input rate at the unit level using the procedures set forth in 40 CFR Part 75.
(H) Alternative monitoring and reporting.
(1) Upon request, the director may approve
alternative monitoring and reporting requirements in lieu of the requirements
of paragraphs (A) to (G) of this rule. Alternative monitoring and reporting
requirements shall be based on the best available data, provide for reporting
the nature and amount of emissions of a NOx budget unit, and shall be
sufficient to determine compliance with this chapter. Alternative monitoring
and reporting shall include either monitoring and reporting in accordance with
40 CFR Part 60, or monitoring of heat input and fuel use for each control
period and an approved emission factor for current operating
conditions.
(2) The designated
representative of a NOx budget unit requesting alternative monitoring and
reporting shall submit an application for an installation permit or an
application for modification of an installation permit in accordance with
Chapter 3745-31 of the Administrative Code, or shall submit an application for
an operating permit or an application for a modification to an operating permit
in accordance with the following:
(a) For
sources subject to the Title V program, Chapter 3745-77 of the Administrative
Code.
(b) For sources not subject
to the Title V program, Chapter 3745-31 of the Administrative Code.
(3) The application for an
installation or operating permit requesting alternative monitoring and
reporting shall include all of the following:
(a) Whether 40 CFR Part 60 monitoring and
reporting is requested as the alternative or whether monitoring of heat input
and fuel use and an approved emission factor is requested as the
alternative.
(b) If monitoring of
heat input and fuel use and an approved emission factor is requested as the
alternative, an emission factor analysis evaluating potential emission factors
in pounds of NOx emitted per unit of fuel and heat input, for each fuel type,
based on each of the following:
(i) U.S. EPA's
"AP-42 Compilation of Emission Factors".
(ii) A valid stack test using USEPA method 3,
USEPA method 7 and USEPA method 19 conducted within the previous two years from
the date of the application submittal, if available.
(iii) An analysis of continuous emission
monitoring data representative of current operating conditions.
(iv) An analysis of other relevant data or
emission factors, if available (for example, an emission factor used for
compliance with an existing NOx emission limitation for the NOx budget unit, or
an emission factor developed for similar sources).
(c) A description of the proposed monitoring
procedures, including how monitoring data will be obtained, recorded and
quality assured, and how NOx emissions will be accounted for during periods of
missing or inaccurate data, such as periods of maintenance or
disruption.
(d) If 40 CFR Part 60
monitoring and reporting is requested, how the amount of NOx emissions in tons
per control period will be determined from the 40 CFR Part 60 NOx emission rate
data.
(e) If alternative monitoring
and reporting is requested to begin within a control period, a description of
the transition process which ensures there will not be gaps in data monitoring
and reporting.
(4) Prior
to the use of alternative monitoring and reporting, applicable terms and
conditions, including 40 CFR Part 60 monitoring and reporting requirements, or
an approved emission factor and monitoring procedures for fuel use and heat
input, shall be specified in an installation permit issued in accordance with
Chapter 3745-31 of the Administrative Code or an operating permit issued in
accordance with the following:
(a) For sources
subject to the Title V program, Chapter 3745-77 of the Administrative
Code.
(b) For sources not subject
to the Title V program, Chapter 3745-31 of the Administrative Code.
(5) When approved by the director,
the owners and operators, and to the extent applicable, the designated
representative of a NOx budget unit, shall comply with the monitoring and
reporting requirements as provided during the control period.
(6) The owners and operators, and to the
extent applicable, the designated representative, of a NOx budget unit approved
for alternative monitoring and reporting under paragraph (H) of this rule shall
meet all of the following:
(a) Comply with all
terms and conditions specified in the installation or operating
permit.
(b) Install all monitoring
systems required for alternative monitoring.
(c) Record and report the data from the
monitoring systems required under paragraph (H) of this rule in accordance with
the terms and conditions in the installation or operating permit. By April
fifteenth of each year, report actual NOx emissions in tons, as determined
using the approved alternative monitoring procedures, for the previous control
period in the fee emissions report required in accordance with rule
3745-78-02 of the Administrative
Code.
(d) If alternative monitoring
is based on an approved emission factor, conduct stack tests to demonstrate the
approved emission factor continues to be representative of current operating
conditions. If the emissions factor analysis submitted in accordance with
paragraph (H)(3)(b) of this rule did not include a stack test, an initial stack
test shall be conducted within ninety days of permit issuance. Ongoing stack
tests shall be conducted at least once every five years from the date of the
previous stack test for units still in operation. In the event a unit not in
operation at the time a stack test was required under this paragraph resumes
operation, a stack test shall be conducted within ninety days of resuming
operation. Stack tests shall be conducted in accordance with a test method
specified in the installation or operating permit and reported to the director
within thirty days of the test. If a stack test indicates an emission factor
may require adjustment, the director may require submission of an application
in accordance with paragraph (H)(2) of this rule. The designated representative
shall submit an application in accordance with paragraph (H) of this rule
within sixty days of notification by the director.
(e) Maintain records in accordance with the
terms and conditions in the installation or operating permit for a period of
five years from the date the records are created. These records shall be made
available to the director or his representative upon request.
(7) Prohibitions.
(a) No owner or operator of a NOx budget unit
shall operate the unit so as to discharge, or allow to be discharged, NOx
emissions to the atmosphere without accounting for all such emissions in
accordance with the applicable provisions of paragraphs (H) of this
rule.
(b) No owner or operator of a
NOx budget unit shall retire or permanently discontinue use of the monitoring
system, or any component thereof, except under any one of the following
circumstances:
(i) During the period that the
unit is covered by an exemption under paragraph (C)(2) of rule
3745-14-01 of the Administrative
Code that is in effect.
(ii) When
discontinuing use of alternative monitoring and reporting in accordance with
paragraph (H) of this rule and resuming compliance with monitoring and
reporting requirements in accordance with paragraphs (A) to (G) of this rule.
This may only occur outside of the control period.
(8) This chapter does not
authorize exceptions or alternatives to any 40 CFR Part 75 monitoring
requirements that might apply to a source under a different legal
authority.
(9) In accordance with
the requirements of 40 CFR
51.122(c)(1)(i), Ohio EPA
will report annually to the administrator all NOx emissions reported under
paragraph (H) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(D), 3704.03(E)
Prior Effective Dates: 07/18/2002, 07/19/2008, 01/29/2018, 08/22/2019
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.