The owner or operator, and to the extent applicable,
the CO2 authorized account representative of a
CO2 budget unit, shall comply with the monitoring,
recordkeeping and reporting requirements as provided in this section and
§§
145.372-145.377 and all applicable
sections of 40 CFR Part 75 (relating to continuous emission monitoring). Where
referenced in §§
145.371-145.377 (relating to monitoring,
reporting and recordkeeping requirements), the monitoring requirements of 40
CFR Part 75 shall be adhered to in a manner consistent with the purpose of
monitoring and reporting CO2 mass emissions under this
subchapter. For purposes of complying with these requirements, the definitions
in §
145.302 (relating to definitions)
and in 40 CFR
72.2 (relating to definitions) apply, and the
terms "affected unit," "designated representative" and "continuous emissions
monitoring system" in 40 CFR Part 75 shall be replaced by the terms
"CO2 budget unit," "CO2
authorized account representative" and "continuous emissions monitoring
system," respectively, as defined in §
145.302. For units not subject to
an acid rain emissions limitation, the term "Administrator" in 40 CFR Part 75
shall be replaced with "the Administrator, Department or its agent." The owner
or operator of a CO2 budget unit who monitors a unit
that is not a CO2 budget unit pursuant to the common,
multiple or bypass stack procedures in
40 CFR
75.72(b)(2)(ii) (relating to
determination of NOx mass emissions for common stack and
multiple stack configurations) or
40 CFR
75.16(b)(2)(ii)(B) (relating
to special provisions for monitoring emissions from common, bypass, and
multiple stacks for SO2 emissions and heat input
determinations) as pursuant to
40 CFR
75.13 (relating to specific provisions for
monitoring CO2 emissions) for purposes of complying with
this subchapter, shall monitor and report CO2 mass
emissions from a unit that is not a CO2 budget unit in
accordance with the monitoring, reporting and recordkeeping requirements for a
CO2 budget unit under §§
145.371-145.377.
(1)
Requirements for installation,
certification and data accounting. The owner or operator of each
CO
2 budget unit must meet the following:
(i) Install all monitoring systems necessary
to monitor CO
2 mass emissions in accordance with 40 CFR
Part
75, except for equation G-1. This includes all systems required to monitor
CO
2 concentration, stack gas flow rate,
O
2 concentration, heat input and fuel flow rate, in
accordance with 40 CFR Part
75, Subpart H (relating to
NO
x mass emissions provisions).
(ii) Successfully complete all certification
tests required under §
145.372 (relating to initial
certification and recertification procedures) and meet all other provisions of
this subchapter and 40 CFR Part
75 applicable to the monitoring systems under
subparagraph (i).
(iii) Record,
report and quality-assure the data from the monitoring systems under
subparagraph (i).
(2)
Compliance dates. The owner or operator of a
CO
2 budget unit shall meet the monitoring system
certification and other requirements of paragraph (1) and shall record, report
and quality-assure data from the monitoring systems under paragraph (1)(i)
according to the following schedule:
(i)
Except for a CO
2 budget unit under subparagraph (ii), a
CO
2 budget unit that commences commercial operation
before October 25, 2021, shall comply with this section and §§
145.372-
145.377 by April 23,
2022.
(ii) A
CO
2 budget unit that commences commercial operation on
or after October 25, 2021, shall comply with the requirements of this section
and §§
145.372-
145.377 by the later of the
following dates:
(A) April 23, 2022.
(B) The earlier of:
(I) 90-unit operating days after the date on
which the unit commences commercial operation.
(II) 180 calendar days after the date on
which the unit commences commercial operation.
(iii) The owner or operator of a
CO
2 budget unit for which construction of a new stack or
flue installation is completed after the applicable deadline under
subparagraphs (i) or (ii) by the earlier of:
(A) 90-unit operating days after the date on
which emissions first exit to the atmosphere through the new stack or
flue.
(B) 180 calendar days after
the date on which emissions first exit to the atmosphere through the new stack
or flue.
(3)
Reporting data.
(i) Except
as provided in subparagraph (ii), the owner or operator of a
CO
2 budget unit that does not meet the applicable
compliance date set forth in paragraph (2) for any monitoring system under
paragraph (1)(i) shall, for each monitoring system, determine, record and
report maximum potential, or as appropriate minimum potential, values for
CO
2 concentration, CO
2 emissions
rate, stack gas moisture content, fuel flow rate, heat input and any other
parameter required to determine CO
2 mass emissions under
40 CFR
75.31(b)(2) or (c)(3)
(relating to initial missing data procedures), or 40 CFR Part
75, Appendix D,
section 2.4 (relating to optional SO
2 emissions data
protocol for gas-fired and oil-fired units), regarding missing data procedures,
as applicable.
(ii) The owner or
operator of a CO
2 budget unit that does not meet the
applicable compliance date set forth in paragraph (2)(iii) for any monitoring
system under paragraph (1)(i) shall, for each monitoring system, determine,
record and report substitute data using the applicable missing data procedures
in 40 CFR Part
75, Subpart D (relating to missing data substitution procedures)
or Appendix D, instead of the maximum potential, or as appropriate minimum
potential, values for a parameter if the owner or operator demonstrates that
there is continuity between the data streams for that parameter before and
after the construction or installation under paragraph (2)(iii).
(A) A CO
2 budget unit
subject to an acid rain emissions limitation that qualifies for the optional
SO
2, NO
x and
CO
2 emissions calculations for low mass emissions (LME)
units under 40 CFR
75.19 (relating to optional
SO
2, NO
x, and
CO
2 emissions calculation for low mass emissions (LME)
units) and report emissions for the acid rain program using the calculations
under 40 CFR
75.19, shall also use the
CO
2 emissions calculations for LME units under
40 CFR
75.19 for purposes of compliance with this
subchapter.
(B) A
CO
2 budget unit subject to an acid rain emissions
limitation that does not qualify for the optional SO
2,
NO
x and CO
2 emissions
calculations for LME units under
40 CFR
75.19, shall not use the
CO
2 emissions calculations for LME units under
40 CFR
75.19 for purposes of compliance with this
subchapter.
(C) A
CO
2 budget unit not subject to an acid rain emissions
limitation shall qualify for the optional CO
2 emissions
calculation for LME units under
40 CFR
75.19, if the unit emits less than 100 tons
of NO
x annually and no more than 25 tons of
SO
2 annually.
(4)
Prohibitions.
(i) An owner or operator of a
CO
2 budget unit may not use an alternative monitoring
system, alternative reference method or another alternative for the required
CEMS without having obtained prior written approval in accordance with §
145.376 (relating to
petitions).
(ii) An owner or
operator of a CO
2 budget unit may not operate the unit
so as to discharge, or allow to be discharged, CO
2
emissions to the atmosphere without accounting for the emissions in accordance
with the applicable provisions of this subchapter and 40 CFR Part
75.
(iii) An owner or operator of a
CO
2 budget unit may not disrupt the CEMS, a portion
thereof or another approved emissions monitoring method, and thereby avoid
monitoring and recording CO
2 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 this subchapter and 40 CFR Part
75.
(iv) An owner or operator of a
CO
2 budget unit may not retire or permanently
discontinue use of the CEMS, any component thereof or another approved
emissions monitoring system under this subchapter, except under one of the
following circumstances:
(A) The owner or
operator is monitoring emissions from the unit with another certified
monitoring system approved, in accordance with the applicable provisions of
this subchapter and 40 CFR Part
75, by the Department for use at the unit that
provides emissions data for the same pollutant or parameter as the retired or
discontinued monitoring system.
(B)
The CO
2 authorized account representative submits
notification of the date of certification testing of a replacement monitoring
system in accordance with §
145.372(d)(3)(i).