Rule 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 apply, and the terms "affected unit" and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 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) 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 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 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 may issue a written notice of approval of the certification application within one hundred twenty days of receipt.
(b) A certification application 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 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 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 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) 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.
(a) The owner or operator of a unit subject to an acid rain emissions limitation shall comply with the requirements of 40 CFR 75.62, except that the monitoring plan shall also include all of the information required by 40 CFR Part 75, Subpart H.
(b) The owner or operator of a unit that is not subject to an acid rain emissions limitation shall comply with the requirements of 40 CFR 75.62, except that the monitoring plan is only required to include the information required by 40 CFR Part 75, Subpart H.
(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 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, 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 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) Submit each quarterly report to the administrator within thirty days following the end of the calendar quarter covered by the report 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) 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.
Last updated August 15, 2024 at 9:53 AM
Supplemental Information