(1) General Requirements. The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NOx Ozone Season unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this Rule and in 40 CFR 75, Subpart H. For purposes of complying with such requirements, the definitions in Rule 335-3-8-.25(2) and in 40 CFR §72.2 shall apply, and the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR 75 shall be deemed to refer to the terms "CAIR NOx Ozone Season unit," "CAIR designated representative," and "continuous emission monitoring system" (or "CEMS") respectively, as defined in Rule 335-3-8-.25(2). The owner or operator of a unit that is not a CAIR NOx Ozone Season unit but that is monitored under 40 CFR §75.72(b)(2)(ii) shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR NOx Ozone Season unit.
(a)
Requirements for
installation, certification, and data accounting. The owner or
operator of each CAIR NOx Ozone Season unit shall
1. Install all monitoring systems required
under this Rule for monitoring NOx mass emissions and individual unit heat
input (including all systems required to monitor NOx emission rate, NOx
concentration, stack gas moisture content, stack gas flow rate
CO2 or O2 concentration, and fuel
flow rate, as applicable, in accordance with 40 CFR §§75.71 and 75.72
);
2. Successfully complete all
certification tests required under paragraph (2) of this Rule and meet all
other requirements of this Rule and 40 CFR 75 applicable to the monitoring
systems under subparagraph (a)1. of this paragraph; and
3. Record, report, and quality-assure the
data from the monitoring systems under subparagraph (a)1. of this
paragraph.
(b)
Compliance deadlines. Except as provided in
subparagraph (e) of this paragraph, the owner or operator shall meet the
monitoring system certification and other requirements of subparagraphs (a)1
and 2. of this paragraph on or before the following dates. The owner or
operator shall record, report, and quality-assure the data from the monitoring
systems under subparagraph (a)1. of this paragraph on and after the following
dates.1. For the owner or operator of a CAIR
NOx Ozone Season unit that commences commercial operation before July 1, 2007
by May 1, 2008.
2. For the owner or
operator of a CAIR NOx Ozone Season unit that commences commercial operation on
or after July 1, 2 007 and that reports on an annual basis under subparagraph
(5)(d) of this Rule, by the later of the following dates
(i) 90 unit operating days or 180 calendar
days, whichever occurs first, after the date on which the unit commences
commercial operation; or
(ii) May
1, 2008.
3. For the
owner or operator of a CAIR NOx Ozone Season unit that commences commercial
operation on or after July 1, 2 007 and that reports on a control period basis
under subparagraph (5)(d)2.(ii), by the later of the following dates:
(i) 90 unit operating days or 180 calendar
days, whichever occurs first, after the date on which the unit commences
commercial operation; or
(ii) If
the compliance date under subparagraph (b)3.(i) of this paragraph is not during
a control period. May 1 immediately following the compliance date under
subparagraph (b)3.(i) of this paragraph.
4. For the owner or operator of a CAIR NOx
Ozone Season unit for which construction of a new stack or flue or installation
of add-on NOx emission controls is completed after the applicable deadline
under subparagraphs (b)1., 2., 6., or 7. of this paragraph and that reports on
an annual basis under subparagraph (5)(d) of this Rule, by 90 unit operating
days or 180 calendar days, whichever occurs first, after the date on which
emissions first exit to the atmosphere through the new stack or flue or add-on
NOx emissions controls.
5. For the
owner or operator of a CAIR NOx Ozone Season unit for which construction of a
new stack or flue or installation of add-on NOx emission controls is completed
after the applicable deadline under subparagraphs (b)1., 3., 6., or 7. of this
paragraph and that reports on a control period basis under subparagraph
(5)(d)2.(ii), by the later of the following dates:
(i) 90 unit operating days or 180 calendar
days, whichever occurs first, after the date on which emissions first exit to
the atmosphere through the new stack or flue or add-on NOx emissions controls;
or
(ii) If the compliance date
under subparagraph (b)5.(i) of this paragraph is not during a control period.
May 1 immediately following the compliance date under subparagraph (b)5.(i) of
this paragraph.
6.
Notwithstanding the dates in subparagraphs (b)1., 2., and 3. of this paragraph,
for the owner or operator of a unit for which a CAIR NOx Ozone Season opt-in
permit application is submitted and not withdrawn and a CAIR opt-in permit is
not yet issued or denied under Rule
335-3-8-.33,
by the date specified in Rule
335-3-8-.33(5)
(b).
7. Notwithstanding the dates in subparagraphs
(b)1., 2., and 3. of this paragraph, for the owner or operator of a CAIR NOx
Ozone Season opt-in unit under Rule
335-3-8-.33,
by the date on which the CAIR NOx Ozone Season opt-in unit enters the CAIR NOx
Ozone Season Trading Program as provided in Rule
335-3-8-.33(5)
(g).
(c)
Reporting data.
The owner or operator of a CAIR NOx Ozone Season unit that does not meet the
applicable compliance date set forth in paragraph (b) of this paragraph for any
monitoring system under subparagraph (a)1. of this paragraph shall, for each
such monitoring system, determine, record, and report maximum potential (or, as
appropriate, minimum potential) values for NOx concentration, NOx emission
rate, stack gas flow rate, stack gas moisture content, fuel flow rate, and any
other parameters required to determine NOx mass emissions and heat input in
accordance with 40 CFR §75.31(b) (2) or (c) (3), section 2.4 of Appendix D to
40 CFR 75, or section 2.5 of Appendix E to 40 CFR 75, as applicable.
(d)
Prohibitions.
1. No owner or operator of a CAIR NOx Ozone
Season unit shall use any alternative monitoring system, alternative reference
method, or any other alternative to any requirement of this Rule without having
obtained prior written approval in accordance with paragraph (6) of this
Rule.
2. No owner or operator of a
CAIR NOx Ozone Season 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 this Rule and 40
CFR 75.
3. No owner or operator of
a CAIR NOx Ozone Season 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 or heat input, except for periods of recertification or periods
when calibration, quality assurance testing, or maintenance is performed in
accordance with the applicable provisions of this Rule and 40 CFR 75.
4. No owner or operator of a CAIR NOx Ozone
Season unit shall retire or permanently discontinue use of the continuous
emission monitoring system, any component thereof, or any other approved
monitoring system under this Rule, except under any one of the following
circumstances: (1) During the period that the
unit is covered by an exemption under Rule
335-3-8-.25(5)
that is in effect;
(ii) The owner or operator is monitoring
emissions from the unit with another certified monitoring system approved, in
accordance with the applicable provisions of this Rule and 40 CFR 75, by the
Department for use at that unit that provides emission data for the same
pollutant or parameter as the retired or discontinued monitoring system;
or
(iii) The CAIR 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 subparagraph (2)(d)3.(i).
(e)
Long-term cold
storage. The owner or operator of a CAIR NOx Ozone Season unit is
subject to the applicable provisions of 40 CFR 75 concerning units in long-term
cold storage.
(2) Initial certification and recertification procedures.
(a) The owner or operator of a CAIR NOx Ozone
Season unit shall be exempt from the initial certification requirements of this
paragraph for a monitoring system under subparagraph (1)(a)1. of this Rule if
the following conditions are met:1. The
monitoring system has been previously certified in accordance with 40 CFR 75
and
2. The applicable...