Collapse to view only § 75.20 - Initial certification and recertification procedures.

§ 75.20 - Initial certification and recertification procedures.

(a) Initial certification approval process. The owner or operator shall ensure that each continuous emission or opacity monitoring system required by this part meets the initial certification requirements of this section and shall ensure that all applicable initial certification tests under paragraph (c) of this section are completed by the deadlines specified in § 75.4 and prior to use in the Acid Rain Program. In addition, whenever the owner or operator installs a continuous emission or opacity monitoring system in order to meet the requirements of §§ 75.11 through 75.18, where no continuous emission or opacity monitoring system was previously installed, initial certification is required.

(1) Notification of initial certification test dates. The owner or operator or designated representative shall submit a written notice of the dates of initial certification testing at the unit as specified in § 75.61(a)(1).

(2) Certification application. The owner or operator shall apply for certification of each continuous emission or opacity monitoring system used under the Acid Rain Program. The owner or operator shall submit the certification application in accordance with § 75.60 and each complete certification application shall include the information specified in § 75.63.

(3) Provisional approval of certification (or recertification) applications. Upon the successful completion of the required certification (or recertification) procedures of this section, each continuous emission or opacity monitoring system shall be deemed provisionally certified (or recertified) for use under the Acid Rain Program for a period not to exceed 120 days following receipt by the Administrator of the complete certification (or recertification) application under paragraph (a)(4) of this section. Notwithstanding this paragraph, no continuous emission or opacity monitor systems for a combustion source seeking to enter the Opt-in Program in accordance with part 74 of this chapter shall be deemed provisionally certified (or recertified) for use under the Acid Rain Program. Data measured and recorded by a provisionally certified (or recertified) continuous emission or opacity monitoring system , operated in accordance with the requirements of appendix B to this part, will be considered valid quality-assured data (retroactive to the date and time of provisional certification or recertification), provided that the Administrator does not invalidate the provisional certification (or recertification) by issuing a notice of disapproval within 120 days of receipt by the Administrator of the complete certification (or recertification) application. Note that when the conditional data validation procedures of paragraph (b)(3) of this section are used for the initial certification (or recertification) of a continuous emissions monitoring system, the date and time of provisional certification (or recertification) of the CEMS may be earlier than the date and time of completion of the required certification (or recertification) tests.

(4) Certification (or recertification) application formal approval process. The Administrator will issue a notice of approval or disapproval of the certification (or recertification) application to the owner or operator within 120 days of receipt of the complete certification (or recertification) application. In the event the Administrator does not issue such a notice within 120 days of receipt, each continuous emission or opacity monitoring system which meets the performance requirements of this part and is included in the certification (or recertification) application will be deemed certified (or recertified) for use under the Acid Rain Program.

(i) Approval notice. If the certification (or recertification) application is complete and shows that each continuous emission or opacity monitoring system meets the performance requirements of this part, then the Administrator will issue a notice of approval of the certification (or recertification) application within 120 days of receipt.

(ii) Incomplete application notice. A certification (or recertification) application will be considered complete when all of the applicable information required to be submitted in § 75.63 has been received by the Administrator, the EPA Regional Office, and the appropriate State and/or local air pollution control agency. If the certification (or recertification) application is not complete, then the Administrator will issue a notice of incompleteness that provides a reasonable timeframe for the designated representative to submit the additional information required to complete the certification (or recertification) application. If the designated representative has not complied with the notice of incompleteness by a specified due date, then the Administrator may issue a notice of disapproval specified under paragraph (a)(4)(iii) of this section. The 120-day review period shall not begin prior to receipt of a complete application.

(iii) Disapproval notice. If the certification (or recertification) application shows that any continuous emission or opacity monitoring system does not meet the performance requirements of this part, or if the certification (or recertification) application is incomplete and the requirement for disapproval under paragraph (a)(4)(ii) of this section has been met, the Administrator shall issue a written notice of disapproval of the certification (or recertification) application within 120 days of receipt. By issuing the notice of disapproval, the provisional certification (or recertification) is invalidated by the Administrator, and the data measured and recorded by each uncertified continuous emission or opacity monitoring system shall not be considered valid quality-assured data as follows: from the hour of the probationary calibration error test that began the initial certification (or recertification) test period (if the conditional data validation procedures of paragraph (b)(3) of this section were used to retrospectively validate data); or from the date and time of completion of the invalid certification or recertification tests (if the conditional data validation procedures of paragraph (b)(3) of this section were not used). The owner or operator shall follow the procedures for loss of initial certification in paragraph (a)(5) of this section for each continuous emission or opacity monitoring system which is disapproved for initial certification. For each disapproved recertification, the owner or operator shall follow the procedures of paragraph (b)(5) of this section.

(iv) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a continuous emission or opacity monitoring system, in accordance with § 75.21.

(5) Procedures for loss of certification. When the Administrator issues a notice of disapproval of a certification application or a notice of disapproval of certification status (as specified in paragraph (a)(4) of this section), then:

(i) Until such time, date, and hour as the continuous emission monitoring system can be adjusted, repaired, or replaced and certification tests successfully completed (or, if the conditional data validation procedures in paragraphs (b)(3)(ii) through (b)(3)(ix) of this section are used, until a probationary calibration error test is passed following corrective actions in accordance with paragraph (b)(3)(ii) of this section), the owner or operator shall substitute the following values, as applicable, for each hour of unit operation during the period of invalid data specified in paragraph (a)(4)(iii) of this section or in § 75.21: the maximum potential concentration of SO2, as defined in section 2.1.1.1 of appendix A to this part, to report SO2 concentration; the maximum potential NOX emission rate, as defined in § 72.2 of this chapter, to report NOX emissions in lb/mmBtu; the maximum potential concentration of NOX, as defined in section 2.1.2.1 of appendix A to this part, to report NOX emissions in ppm (when a NOX concentration monitoring system is used to determine NOX mass emissions, as defined under § 75.71(a)(2)); the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, to report volumetric flow; the maximum potential concentration of CO2, as defined in section 2.1.3.1 of appendix A to this part, to report CO2 concentration data; and either the minimum potential moisture percentage, as defined in section 2.1.5 of appendix A to this part or, if Equation 19-3, 19-4 or 19-8 in Method 19 in appendix A to part 60 of this chapter is used to determine NOX emission rate, the maximum potential moisture percentage, as defined in section 2.1.6 of appendix A to this part; and

(ii) The designated representative shall submit a notification of certification retest dates as specified in § 75.61(a)(1)(ii) and a new certification application according to the procedures in paragraph (a)(2) of this section; and

(iii) The owner or operator shall repeat all certification tests or other requirements that were failed by the continuous emission or opacity monitoring system, as indicated in the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(b) Recertification approval process. Whenever the owner or operator makes a replacement, modification, or change in a certified continuous emission monitoring system or continuous opacity monitoring system that may significantly affect the ability of the system to accurately measure or record the SO2 or CO2 concentration, stack gas volumetric flow rate, NOX emission rate, NOX concentration, percent moisture, or opacity, or to meet the requirements of § 75.21 or appendix B to this part, the owner or operator shall recertify the continuous emission monitoring system or continuous opacity monitoring system, according to the procedures in this paragraph. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the flow or concentration profile, the owner or operator shall recertify the monitoring system according to the procedures in this paragraph. Examples of changes which require recertification include: replacement of the analyzer; change in location or orientation of the sampling probe or site; and complete replacement of an existing continuous emission monitoring system or continuous opacity monitoring system. The owner or operator shall also recertify the continuous emission monitoring systems for a unit that has recommenced commercial operation following a period of long-term cold storage as defined in § 72.2 of this chapter. The owner or operator shall recertify a continuous opacity monitoring system whenever the monitor path length changes or as required by an applicable State or local regulation or permit. Any change to a flow monitor or gas monitoring system for which a RATA is not necessary shall not be considered a recertification event. In addition, changing the polynomial coefficients or K factor(s) of a flow monitor shall require a 3-load RATA, but is not considered to be a recertification event; however, records of the polynomial coefficients or K factor (s) currently in use shall be maintained on-site in a format suitable for inspection. Changing the coefficient or K factor(s) of a moisture monitoring system shall require a RATA, but is not considered to be a recertification event; however, records of the coefficient or K factor (s) currently in use by the moisture monitoring system shall be maintained on-site in a format suitable for inspection. In such cases, any other tests that are necessary to ensure continued proper operation of the monitoring system (e.g., 3-load flow RATAs following changes to flow monitor polynomial coefficients, linearity checks, calibration error tests, DAHS verifications, etc.) shall be performed as diagnostic tests, rather than as recertification tests. The data validation procedures in paragraph (b)(3) of this section shall be applied to RATAs associated with changes to flow or moisture monitor coefficients, and to linearity checks, 7-day calibration error tests, and cycle time tests, when these are required as diagnostic tests. When the data validation procedures of paragraph (b)(3) of this section are applied in this manner, replace the word “recertification” with the word “diagnostic.”

(1) Tests required. For all recertification testing, the owner or operator shall complete all initial certification tests in paragraph (c) of this section that are applicable to the monitoring system, except as otherwise approved by the Administrator. For diagnostic testing after changing the flow rate monitor polynomial coefficients, the owner or operator shall complete a 3-level RATA. For diagnostic testing after changing the K factor or mathematical algorithm of a moisture monitoring system, the owner or operator shall complete a RATA.

(2) Notification of recertification test dates. The owner, operator, or designated representative shall submit notice of testing dates for recertification under this paragraph as specified in § 75.61(a)(1)(ii), unless all of the tests in paragraph (c) of this section are required for recertification, in which case the owner or operator shall provide notice in accordance with the notice provisions for initial certification testing in § 75.61(a)(1)(i).

(3) Recertification test period requirements and data validation. The data validation provisions in paragraphs (b)(3)(i) through (b)(3)(ix) of this section shall apply to all CEMS recertifications and diagnostic testing. The provisions in paragraphs (b)(3)(ii) through (b)(3)(ix) of this section may also be applied to initial certifications (see sections 6.2(a), 6.3.1(a), 6.3.2(a), 6.4(a) and 6.5(f) of appendix A to this part) and may be used to supplement the linearity check and RATA data validation procedures in sections 2.2.3(b) and 2.3.2(b) of appendix B to this part.

(i) The owner or operator shall use substitute data, according to the standard missing data procedures in §§ 75.33 through 75.37 (or shall report emission data using a reference method or another monitoring system that has been certified or approved for use under this part), in the period extending from the hour of the replacement, modification or change made to a monitoring system that triggers the need to perform recertification testing, until either: the hour of successful completion of all of the required recertification tests; or the hour in which a probationary calibration error test (according to paragraph (b)(3)(ii) of this section) is performed and passed, following all necessary repairs, adjustments or reprogramming of the monitoring system. The first hour of quality-assured data for the recertified monitoring system shall either be the hour after all recertification tests have been completed or, if conditional data validation is used, the first quality-assured hour shall be determined in accordance with paragraphs (b)(3)(ii) through (b)(3)(ix) of this section. Notwithstanding these requirements, if the replacement, modification, or change requiring recertification of the CEMS is such that the historical data stream is no longer representative (e.g., where the SO2 concentration and stack flow rate change significantly after installation of a wet scrubber), the owner or operator shall substitute for missing data as follows, in lieu of using the standard missing data procedures in §§ 75.33 through 75.37: for a change that results in a significantly higher concentration or flow rate, substitute maximum potential values according to the procedures in paragraph (a)(5) of this section; or for a change that results in a significantly lower concentration or flow rate, substitute data using the standard missing data procedures. The owner or operator shall then use the initial missing data procedures in § 75.31, beginning with the first hour of quality-assured data obtained with the recertified monitoring system, unless otherwise provided by § 75.34 for units with add-on emission controls.

(ii) Once the modification or change to the CEMS has been completed and all of the associated repairs, component replacements, adjustments, linearization, and reprogramming of the CEMS have been completed, a probationary calibration error test is required to establish the beginning point of the recertification test period. In this instance, the first successful calibration error test of the monitoring system following completion of all necessary repairs, component replacements, adjustments, linearization and reprogramming shall be the probationary calibration error test. The probationary calibration error test must be passed before any of the required recertification tests are commenced.

(iii) Beginning with the hour of commencement of a recertification test period, emission data recorded by the CEMS are considered to be conditionally valid, contingent upon the results of the subsequent recertification tests.

(iv) Each required recertification test shall be completed no later than the following number of unit operating hours (or unit operating days) after the probationary calibration error test that initiates the test period:

(A) For a linearity check and/or cycle time test, 168 consecutive unit operating hours, as defined in § 72.2 of this chapter or, for CEMS installed on common stacks or bypass stacks, 168 consecutive stack operating hours, as defined in § 72.2 of this chapter;

(B) For a RATA (whether normal-load or multiple-load), 720 consecutive unit operating hours, as defined in § 72.2 of this chapter or, for CEMS installed on common stacks or bypass stacks, 720 consecutive stack operating hours, as defined in § 72.2 of this chapter; and

(C) For a 7-day calibration error test, 21 consecutive unit operating days, as defined in § 72.2 of this chapter.

(v) All recertification tests shall be performed hands-off. No adjustments to the calibration of the CEMS, other than the routine calibration adjustments following daily calibration error tests as described in section 2.1.3 of appendix B to this part, are permitted during the recertification test period. Routine daily calibration error tests shall be performed throughout the recertification test period, in accordance with section 2.1.1 of appendix B to this part. The additional calibration error test requirements in section 2.1.3 of appendix B to this part shall also apply during the recertification test period.

(vi) If all of the required recertification tests and required daily calibration error tests are successfully completed in succession with no failures, and if each recertification test is completed within the time period specified in paragraph (b)(3)(iv)(A), (B), or (C) of this section, then all of the conditionally valid emission data recorded by the CEMS shall be considered quality-assured, from the hour of commencement of the recertification test period until the hour of completion of the required test(s).

(vii) If a required recertification test is failed or aborted due to a problem with the CEMS, or if a daily calibration error test is failed during a recertification test period, data validation shall be done as follows:

(A) If any required recertification test is failed, it shall be repeated. If any recertification test other than a 7-day calibration error test is failed or aborted due to a problem with the CEMS, the original recertification test period is ended, and a new recertification test period must be commenced with a probationary calibration error test. The tests that are required in the new recertification test period will include any tests that were required for the initial recertification event which were not successfully completed and any recertification or diagnostic tests that are required as a result of changes made to the monitoring system to correct the problems that caused the failure of the recertification test. For a 2- or 3-load flow RATA, if the relative accuracy test is passed at one or more load levels, but is failed at a subsequent load level, provided that the problem that caused the RATA failure is corrected without re-linearizing the instrument, the length of the new recertification test period shall be equal to the number of unit operating hours remaining in the original recertification test period, as of the hour of failure of the RATA. However, if re-linearization of the flow monitor is required after a flow RATA is failed at a particular load level, then a subsequent 3-load RATA is required, and the new recertification test period shall be 720 consecutive unit (or stack) operating hours. The new recertification test sequence shall not be commenced until all necessary maintenance activities, adjustments, linearizations, and reprogramming of the CEMS have been completed;

(B) If a linearity check, RATA, or cycle time test is failed or aborted due to a problem with the CEMS, all conditionally valid emission data recorded by the CEMS are invalidated, from the hour of commencement of the recertification test period to the hour in which the test is failed or aborted, except for the case in which a multiple-load flow RATA is passed at one or more load levels, failed at a subsequent load level, and the problem that caused the RATA failure is corrected without re-linearizing the instrument. In that case, data invalidation shall be prospective, from the hour of failure of the RATA until the commencement of the new recertification test period. Data from the CEMS remain invalid until the hour in which a new recertification test period is commenced, following corrective action, and a probationary calibration error test is passed, at which time the conditionally valid status of emission data from the CEMS begins again;

(C) If a 7-day calibration error test is failed within the recertification test period, previously-recorded conditionally valid emission data from the CEMS are not invalidated. The conditionally valid data status is unaffected, unless the calibration error on the day of the failed 7-day calibration error test exceeds twice the performance specification in section 3 of appendix A to this part, as described in paragraph (b)(3)(vii)(D) of this section; and

(D) If a daily calibration error test is failed during a recertification test period (i.e., the results of the test exceed twice the performance specification in section 3 of appendix A to this part), the CEMS is out-of-control as of the hour in which the calibration error test is failed. Emission data from the CEMS shall be invalidated prospectively from the hour of the failed calibration error test until the hour of completion of a subsequent successful calibration error test following corrective action, at which time the conditionally valid status of data from the monitoring system resumes. Failure to perform a required daily calibration error test during a recertification test period shall also cause data from the CEMS to be invalidated prospectively, from the hour in which the calibration error test was due until the hour of completion of a subsequent successful calibration error test. Whenever a calibration error test is failed or missed during a recertification test period, no further recertification tests shall be performed until the required subsequent calibration error test has been passed, re-establishing the conditionally valid status of data from the monitoring system. If a calibration error test failure occurs while a linearity check or RATA is still in progress, the linearity check or RATA must be re-started.

(E) Trial gas injections and trial RATA runs are permissible during the recertification test period, prior to commencing a linearity check or RATA, for the purpose of optimizing the performance of the CEMS. The results of such gas injections and trial runs shall not affect the status of previously-recorded conditionally valid data or result in termination of the recertification test period, provided that the following specifications and conditions are met:

(1) For gas injections, the stable, ending monitor response is within ±5 percent or within 5 ppm of the tag value of the reference gas;

(2) For RATA trial runs, the average reference method reading and the average CEMS reading for the run differ by no more than ±10% of the average reference method value or ±15 ppm, or ±1.5% H2O, or ±0.02 lb/mmBtu from the average reference method value, as applicable;

(3) No adjustments to the calibration of the CEMS are made following the trial injection(s) or run(s), other than the adjustments permitted under section 2.1.3 of appendix B to this part; and

(4) The CEMS is not repaired, re-linearized or reprogrammed (e.g., changing flow monitor polynomial coefficients, linearity constants, or K-factors) after the trial injection(s) or run(s).

(F) If the results of any trial gas injection(s) or RATA run(s) are outside the limits in paragraphs (b)(3)(vii)(E)(1) or (2) of this section or if the CEMS is repaired, re-linearized or reprogrammed after the trial injection(s) or run(s), the trial injection(s) or run(s) shall be counted as a failed linearity check or RATA attempt. If this occurs, follow the procedures pertaining to failed and aborted recertification tests in paragraphs (b)(3)(vii)(A) and (b)(3)(vii)(B) of this section.

(viii) If any required recertification test is not completed within its allotted time period, data validation shall be done as follows. For a late linearity test, RATA, or cycle time test that is passed on the first attempt, data from the monitoring system shall be invalidated from the hour of expiration of the recertification test period until the hour of completion of the late test. For a late 7-day calibration error test, whether or not it is passed on the first attempt, data from the monitoring system shall also be invalidated from the hour of expiration of the recertification test period until the hour of completion of the late test. For a late linearity test, RATA, or cycle time test that is failed on the first attempt or aborted on the first attempt due to a problem with the monitor, all conditionally valid data from the monitoring system shall be considered invalid back to the hour of the first probationary calibration error test which initiated the recertification test period. Data from the monitoring system shall remain invalid until the hour of successful completion of the late recertification test and any additional recertification or diagnostic tests that are required as a result of changes made to the monitoring system to correct problems that caused failure of the late recertification test.

(ix) If any required recertification test of a monitoring system has not been completed by the end of a calendar quarter and if data contained in the quarterly report are conditionally valid pending the results of test(s) to be completed in a subsequent quarter, the owner or operator shall indicate this by means of a suitable conditionally valid data flag in the electronic quarterly report for that quarter. The owner or operator shall resubmit the report for that quarter if the required recertification test is subsequently failed. In the resubmitted report, the owner or operator shall use the appropriate missing data routine in § 75.31 or § 75.33 to replace with substitute data each hour of conditionally valid data that was invalidated by the failed recertification test. Alternatively, if any required recertification test is not completed by the end of a particular calendar quarter but is completed no later than 30 days after the end of that quarter (i.e., prior to the deadline for submitting the quarterly report under § 75.64), the test data and results may be submitted with the earlier quarterly report even though the test date(s) are from the next calendar quarter. In such instances, if the recertification test(s) are passed in accordance with the provisions of paragraph (b)(3) of this section, conditionally valid data may be reported as quality-assured, in lieu of reporting a conditional data flag. If the recertification test(s) is failed and if conditionally valid data are replaced, as appropriate, with substitute data, then neither the reporting of a conditional data flag nor resubmission is required. In addition, if the owner or operator uses a conditionally valid data flag in any of the four quarterly reports for a given year, the owner or operator shall indicate the final status of the conditionally valid data (i.e., resolved or unresolved) in the annual compliance certification report required under § 72.90 of this chapter for that year. The Administrator may invalidate any conditionally valid data that remains unresolved at the end of a particular calendar year and may require the owner or operator to resubmit one or more of the quarterly reports for that calendar year, replacing the unresolved conditionally valid data with substitute data values determined in accordance with § 75.31 or § 75.33, as appropriate.

(4) Recertification application. The designated representative shall apply for recertification of each continuous emission or opacity monitoring system used under the Acid Rain Program. The owner or operator shall submit the recertification application in accordance with § 75.60, and each complete recertification application shall include the information specified in § 75.63.

(5) Approval or disapproval of request for recertification. The procedures for provisional certification in paragraph (a)(3) of this section shall apply to recertification applications. The Administrator will issue a notice of approval, disapproval, or incompleteness according to the procedures in paragraph (a)(4) of this section. In the event that a recertification application is disapproved, data from the monitoring system are invalidated and the applicable missing data procedures in §§ 75.31 or 75.33 shall be used from the date and hour of receipt of the disapproval notice back to the hour of the adjustment or change to the CEMS that triggered the need for recertification testing or, if the conditional data validation procedures in paragraphs (b)(3)(ii) through (b)(3)(ix) of this section were used, back to the hour of the probationary calibration error test that began the recertification test period. Data from the monitoring system remain invalid until all required recertification tests have been passed or until a subsequent probationary calibration error test is passed, beginning a new recertification test period. The owner or operator shall repeat all recertification tests or other requirements, as indicated in the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. The designated representative shall submit a notification of the recertification retest dates, as specified in § 75.61(a)(1)(ii), and shall submit a new recertification application according to the procedures in paragraph (b)(4) of this section.

(c) Initial certification and recertification procedures. Prior to the deadline in § 75.4, the owner or operator shall conduct initial certification tests and in accordance with § 75.63, the designated representative shall submit an application to demonstrate that the continuous emission or opacity monitoring system and components thereof meet the specifications in appendix A to this part. The owner or operator shall compare reference method values with output from the automated data acquisition and handling system that is part of the continuous emission monitoring system being tested. Except as otherwise specified in paragraphs (b)(1), (d), and (e) of this section, and in sections 6.3.1 and 6.3.2 of appendix A to this part, the owner or operator shall perform the following tests for initial certification or recertification of continuous emission or opacity monitoring systems or components according to the requirements of appendix A to this part:

(1) For each SO2 pollutant concentration monitor, each NOX concentration monitoring system used to determine NOX mass emissions, as defined under § 75.71(a)(2), and each NOX-diluent continuous emission monitoring system:

(i) A 7-day calibration error test, where, for the NOX -diluent continuous emission monitoring system, the test is performed separately on the NOX pollutant concentration monitor and the diluent gas monitor;

(ii) A linearity check, where, for the NOX-diluent continuous emission monitoring system, the test is performed separately on the NOX pollutant concentration monitor and the diluent gas monitor;

(iii) A relative accuracy test audit. For the NOX-diluent continuous emission monitoring system, the RATA shall be done on a system basis, in units of lb/mmBtu. For the NOX concentration monitoring system, the RATA shall be done on a ppm basis;

(iv) A bias test;

(v) A cycle time test, (where, for the NOX-diluent continuous emission monitoring system, the test is performed separately on the NOX pollutant concentration monitor and the diluent gas monitor); and

(2) For each flow monitor:

(i) A 7-day calibration error test;

(ii) Relative accuracy test audits, as follows:

(A) A single-load (or single-level) RATA at the normal load (or level), as defined in section 6.5.2.1(d) of appendix A to this part, for a flow monitor installed on a peaking unit or bypass stack, or for a flow monitor exempted from multiple-level RATA testing under section 6.5.2(e) of appendix A to this part;

(B) For all other flow monitors, a RATA at each of the three load levels (or operating levels) corresponding to the three flue gas velocities described in section 6.5.2(a) of appendix A to this part;

(iii) A bias test for the single-load (or single-level) flow RATA described in paragraph (c)(2)(ii)(A) of this section; and

(iv) A bias test (or bias tests) for the 3-level flow RATA described in paragraph (c)(2)(ii)(B) of this section, at the following load or operational level(s):

(A) At each load level designated as normal under section 6.5.2.1(d) of appendix A to this part, for units that produce electrical or thermal output, or

(B) At the operational level identified as normal in section 6.5.2.1(d) of appendix A to this part, for units that do not produce electrical or thermal output.

(3) The initial certification test data from an O2 or a CO2 diluent gas monitor certified for use in a NOX continuous emission monitoring system may be submitted to meet the requirements of paragraph (c)(4) of this section. Also, for a diluent monitor that is used both as a CO2 monitoring system and to determine heat input, only one set of diluent monitor certification data need be submitted (under the component and system identification numbers of the CO2 monitoring system).

(4) For each CO2 pollutant concentration monitor, each CO2 monitoring system that uses an O2 monitor to determine CO2 concentration, and each diluent gas monitor used only to monitor heat input rate:

(i) A 7-day calibration error test;

(ii) A linearity check;

(iii) A relative accuracy test audit, where, for an O2 monitor used to determine CO2 concentration, the CO2 reference method shall be used for the RATA; and

(iv) A cycle-time test.

(5) For each continuous moisture monitoring system consisting of wet- and dry-basis O2 analyzers:

(i) A 7-day calibration error test of each O2 analyzer;

(ii) A cycle time test of each O2 analyzer;

(iii) A linearity test of each O2 analyzer; and

(iv) A RATA, directly comparing the percent moisture measured by the monitoring system to a reference method.

(6) For each continuous moisture sensor: A RATA, directly comparing the percent moisture measured by the monitor sensor to a reference method.

(7) For a continuous moisture monitoring system consisting of a temperature sensor and a data acquisition and handling system (DAHS) software component programmed with a moisture lookup table:

(i) A demonstration that the correct moisture value for each hour is being taken from the moisture lookup tables and applied to the emission calculations. At a minimum, the demonstration shall be made at three different temperatures covering the normal range of stack temperatures from low to high.

(ii) [Reserved]

(8) The owner or operator shall ensure that initial certification or recertification of a continuous opacity monitor for use under the Acid Rain Program is conducted according to one of the following procedures:

(i) Performance of the tests for initial certification or recertification, according to the requirements of Performance Specification 1 in appendix B to part 60 of this chapter; or

(ii) A continuous opacity monitoring system tested and certified previously under State or other Federal requirements to meet the requirements of Performance Specification 1 shall be deemed certified for the purposes of this part.

(9) [Reserved]

(10) For the automated data acquisition and handling system, tests designed to verify:

(i) Proper computation of hourly averages for pollutant concentrations, flow rate, pollutant emission rates, and pollutant mass emissions; and

(ii) Proper computation and application of the missing data substitution procedures in subpart D of this part and the bias adjustment factors in section 7 of appendix A to this part.

(11) The owner or operator shall provide adequate facilities for initial certification or recertification testing that include:

(i) Sampling ports adequate for test methods applicable to such facility, such that:

(A) Volumetric flow rate, pollutant concentration, and pollutant emission rates can be accurately determined by applicable test methods and procedures; and

(B) A stack or duct free of cyclonic flow during performance tests is available, as demonstrated by applicable test methods and procedures.

(ii) Basic facilities (e.g., electricity) for sampling and testing equipment.

(d) Initial certification and recertification and quality assurance procedures for optional backup continuous emission monitoring systems—(1) Redundant backups. The owner or operator of an optional redundant backup CEMS shall comply with all the requirements for initial certification and recertification according to the procedures specified in paragraphs (a), (b), and (c) of this section. The owner or operator shall operate the redundant backup CEMS during all periods of unit operation, except for periods of calibration, quality assurance, maintenance, or repair. The owner or operator shall perform upon the redundant backup CEMS all quality assurance and quality control procedures specified in appendix B to this part, except that the daily assessments in section 2.1 of appendix B to this part are optional for days on which the redundant backup CEMS is not used to report emission data under this part. For any day on which a redundant backup CEMS is used to report emission data, the system must meet all of the applicable daily assessment criteria in appendix B to this part.

(2) Non-redundant backups. The owner or operator of an optional non-redundant backup CEMS or like-kind replacement analyzer shall comply with all of the following requirements for initial certification, quality assurance, recertification, and data reporting:

(i) Except as provided in paragraph (d)(2)(v) of this section, for a regular non-redundant backup CEMS (i.e., a non-redundant backup CEMS that has its own separate probe, sample interface, and analyzer), or a non-redundant backup flow monitor, all of the tests in paragraph (c) of this section are required for initial certification of the system, except for the 7-day calibration error test.

(ii) For a like-kind replacement non-redundant backup analyzer (i.e., a non-redundant backup analyzer that uses the same probe and sample interface as a primary monitoring system), no initial certification of the analyzer is required. A non-redundant backup analyzer, connected to the same probe and interface as a primary CEMS in order to satisfy the dual span requirements of section 2.1.1.4 or 2.1.2.4 of appendix A to this part, shall be treated in the same manner as a like-kind replacement analyzer.

(iii) Each non-redundant backup CEMS or like-kind replacement analyzer shall comply with the daily and quarterly quality assurance and quality control requirements in appendix B to this part for each day and quarter that the non-redundant backup CEMS or like-kind replacement analyzer is used to report data, and shall meet the additional linearity and calibration error test requirements specified in this paragraph. The owner or operator shall ensure that each non-redundant backup CEMS or like-kind replacement analyzer passes a linearity check (for pollutant concentration and diluent gas monitors) or a calibration error test (for flow monitors) prior to each use for recording and reporting emissions. For a primary NOX-diluent CEMS consisting of the primary pollutant analyzer and a like-kind replacement diluent analyzer (or vice-versa), provided that the primary pollutant or diluent analyzer (as applicable) is operating and is not out-of-control with respect to any of its quality assurance requirements, only the like-kind replacement analyzer must pass a linearity check before the system is used for data reporting. When a non-redundant backup CEMS or like-kind replacement analyzer is brought into service, prior to conducting the linearity test, a probationary calibration error test (as described in paragraph (b)(3)(ii) of this section), which will begin a period of conditionally valid data, may be performed in order to allow the validation of data retrospectively, as follows. Conditionally valid data from the CEMS or like-kind replacement analyzer are validated back to the hour of completion of the probationary calibration error test if the following conditions are met: if no adjustments are made to the CEMS or like-kind replacement analyzer other than the allowable calibration adjustments specified in section 2.1.3 of appendix B to this part between the probationary calibration error test and the successful completion of the linearity test; and if the linearity test is passed within 168 unit (or stack) operating hours of the probationary calibration error test. However, if the linearity test is performed within 168 unit or stack operating hours but is either failed or aborted due to a problem with the CEMS or like-kind replacement analyzer, then all of the conditionally valid data are invalidated back to the hour of the probationary calibration error test, and data from the non-redundant backup CEMS or from the primary monitoring system of which the like-kind replacement analyzer is a part remain invalid until the hour of completion of a successful linearity test. Notwithstanding this requirement, the conditionally valid data status may be re-established after a failed or aborted linearity check, if corrective action is taken and a calibration error test is subsequently passed. However, in no case shall the use of conditional data validation extend for more than 168 unit or stack operating hours beyond the date and time of the original probationary calibration error test when the analyzer was brought into service.

(iv) When data are reported from a non-redundant backup CEMS or like-kind replacement analyzer, the appropriate bias adjustment factor shall be determined as follows:

(A) For a regular non-redundant backup CEMS, as described in paragraph (d)(2)(i) of this section, apply the bias adjustment factor from the most recent RATA of the non-redundant backup system (even if that RATA was done more than 12 months previously); or

(B) When a like-kind replacement non-redundant backup analyzer is used as a component of a primary CEMS (as described in paragraph (d)(2)(ii) of this section), apply the primary monitoring system bias adjustment factor.

(v) For each parameter monitored (i.e., SO2, CO2, O2, NOX, Hg or flow rate) at each unit or stack, a regular non-redundant backup CEMS may not be used to report data at that affected unit or common stack for more than 720 hours in any one calendar year (or 720 hours in any ozone season, for sources that report emission data only during the ozone season, in accordance with § 75.74(c)), unless the CEMS passes a RATA at that unit or stack. For each parameter monitored at each unit or stack, the use of a like-kind replacement non-redundant backup analyzer (or analyzers) is restricted to 720 cumulative hours per calendar year (or ozone season, as applicable), unless the owner or operator redesignates the like-kind replacement analyzer(s) as component(s) of regular non-redundant backup CEMS and each redesignated CEMS passes a RATA at that unit or stack.

(vi) For each regular non-redundant backup CEMS, no more than eight successive calendar quarters shall elapse following the quarter in which the last RATA of the CEMS was done at a particular unit or stack, without performing a subsequent RATA. Otherwise, the CEMS may not be used to report data from that unit or stack until the hour of completion of a passing RATA at that location.

(vii) Each regular non-redundant backup CEMS shall be represented in the monitoring plan required under § 75.53 as a separate monitoring system, with unique system and component identification numbers. When like-kind replacement non-redundant backup analyzers are used, the owner or operator shall represent each like-kind replacement analyzer used during a particular calendar quarter in the monitoring plan required under § 75.53 as a component of a primary monitoring system. The owner or operator shall also assign a unique component identification number to each like-kind replacement analyzer, beginning with the letters “LK” (e.g., “LK1,” “LK2,” etc.) and shall specify the manufacturer, model and serial number of the like-kind replacement analyzer. This information may be added, deleted or updated as necessary, from quarter to quarter. The owner or operator shall also report data from the like-kind replacement analyzer using the system identification number of the primary monitoring system and the assigned component identification number of the like-kind replacement analyzer. For the purposes of the electronic quarterly report required under § 75.64, the owner or operator may manually enter the appropriate component identification number(s) of any like-kind replacement analyzer(s) used for data reporting during the quarter.

(viii) When reporting data from a certified regular non-redundant backup CEMS, use a method of determination (MODC) code of “02.” When reporting data from a like-kind replacement non-redundant backup analyzer, use a MODC of “17” (see Table 4a under § 75.57). For the purposes of the electronic quarterly report required under § 75.64, the owner or operator may manually enter the required MODC of “17” for a like-kind replacement analyzer.

(3) Reference method backups. A monitoring system that is operated as a reference method backup system pursuant to the reference method requirements of methods 2, 6C, 7E, or 3A in appendix A of part 60 of this chapter need not perform and pass the certification tests required by paragraph (c) of this section prior to its use pursuant to this paragraph.

(e) Certification/recertification procedures for either peaking unit or by-pass stack/duct continuous emission monitoring systems. The owner or operator of either a peaking unit or by-pass stack/duct continuous emission monitoring system shall comply with all the requirements for certification or recertification according to the procedures specified in paragraphs (a), (b), and (c) of this section, except as follows: the owner or operator need only perform one nine-run relative accuracy test audit for certification or recertification of a flow monitor installed on the by-pass stack/duct or on the stack/duct used only by affected peaking unit(s). The relative accuracy test audit shall be performed during normal operation of the peaking unit(s) or the by-pass stack/duct.

(f) Certification/recertification procedures for alternative monitoring systems. The designated representative representing the owner or operator of each alternative monitoring system approved by the Administrator as equivalent to or better than a continuous emission monitoring system according to the criteria in subpart E of this part shall apply for certification to the Administrator prior to use of the system under the Acid Rain Program, and shall apply for recertification to the Administrator following a replacement, modification, or change according to the procedures in paragraph (c) of this section. The owner or operator of an alternative monitoring system shall comply with the notification and application requirements for certification or recertification according to the procedures specified in paragraphs (a) and (b) of this section.

(g) Initial certification and recertification procedures for excepted monitoring systems under appendices D and E. The owner or operator of a gas-fired unit, oil-fired unit, or diesel-fired unit using the optional protocol under appendix D or E to this part shall ensure that an excepted monitoring system under appendix D or E to this part meets the applicable general operating requirements of § 75.10, the applicable requirements of appendices D and E to this part, and the initial certification or recertification requirements of this paragraph.

(1) Initial certification and recertification testing. The owner or operator shall use the following procedures for initial certification and recertification of an excepted monitoring system under appendix D or E to this part.

(i) When the optional SO2 mass emissions estimation procedure in appendix D to this part or the optional NOX emissions estimation protocol in appendix E to this part is used, the owner or operator shall provide data from a flowmeter accuracy test (or shall provide a statement of calibration if the flowmeter meets the accuracy standard by design) for each fuel flowmeter, according to section 2.1.5.1 of appendix D to this part. For orifice, nozzle, and venturi-type flowmeters, the results of primary element visual inspections and/or calibrations of the transmitters or transducers shall also be provided.

(ii) For the automated data acquisition and handling system used under either the optional SO2 mass emissions estimation procedure in appendix D of this part or the optional NOX emissions estimation protocol in appendix E of this part, the owner or operator shall perform tests designed to verify:

(A) The proper computation of hourly averages for pollutant concentrations, fuel flow rates, emission rates, heat input, and pollutant mass emissions; and

(B) Proper computation and application of the missing data substitution procedures in appendix D or E of this part.

(iii) When the optional NOX emissions protocol in appendix E is used, the owner or operator shall complete all initial performance testing under section 2.1 of appendix E.

(2) Initial certification, recertification, and QA testing notification. The designated representative shall provide initial certification testing notification, recertification testing notification, and routine periodic quality-assurance testing, as specified in § 75.61. Initial certification testing notification, recertification testing notification, or periodic quality assurance testing notification is not required for an excepted monitoring system under appendix D to this part.

(3) Monitoring plan. The designated representative shall submit an initial monitoring plan in accordance with § 75.62(a).

(4) Initial certification or recertification application. The designated representative shall submit an initial certification or recertification application in accordance with §§ 75.60 and 75.63.

(5) Provisional approval of initial certification and recertification applications. Upon the successful completion of the required initial certification or recertification procedures for each excepted monitoring system under appendix D or E to this part, each excepted monitoring system under appendix D or E to this part shall be deemed provisionally certified (or recertified) for use under the Acid Rain Program during the period for the Administrator's review. The provisions for the initial certification or recertification application formal approval process in paragraph (a)(4) of this section shall apply, except that the term “excepted monitoring system” shall apply rather than “continuous emission or opacity monitoring system” and except that the procedures for loss of certification or for disapproval of a recertification request in paragraph (g)(7) of this section shall apply rather than the procedures for loss of certification or denial of a recertification request in paragraph (a)(5) or (b)(5) of this section. Data measured and recorded by a provisionally certified (or recertified) excepted monitoring system under appendix D or E to this part will be considered quality-assured data from the date and time of completion of the last initial certification or recertification test, provided that the Administrator does not revoke the provisional certification or recertification by issuing a notice of disapproval in accordance with the provisions in paragraph (a)(4) or (b)(5) of this section.

(6) Recertification requirements. Recertification of an excepted monitoring system under appendix D or E to this part is required for any modification to the system or change in operation that could significantly affect the ability of the system to accurately account for emissions and for which the Administrator determines that an accuracy test of the fuel flowmeter or a retest under appendix E to this part to re-establish the NOX correlation curve is required. Examples of such changes or modifications include fuel flowmeter replacement, changes in unit configuration, or exceedance of operating parameters.

(7) Procedures for loss of certification or recertification for excepted monitoring systems under appendices D and E to this part. In the event that a certification or recertification application is disapproved for an excepted monitoring system, data from the monitoring system are invalidated, and the applicable missing data procedures in section 2.4 of appendix D or section 2.5 of appendix E to this part shall be used from the date and hour of receipt of such notice back to the hour of the provisional certification. Data from the excepted monitoring system remain invalid until all required tests are repeated and the excepted monitoring system is again provisionally certified. The owner or operator shall repeat all certification or recertification tests or other requirements, as indicated in the Administrator's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval. The designated representative shall submit a notification of the certification or recertification retest dates if required under paragraph (g)(2) of this section and shall submit a new certification or recertification application according to the procedures in paragraph (g)(4) of this section.

(h) Initial certification and recertification procedures for low mass emission units using the excepted methodologies under § 75.19. The owner or operator of a gas-fired or oil-fired unit using the low mass emissions excepted methodology under § 75.19 shall meet the applicable general operating requirements of § 75.10, the applicable requirements of § 75.19, and the applicable certification requirements of this paragraph.

(1) Monitoring plan. The designated representative shall submit a monitoring plan in accordance with §§ 75.53 and 75.62.

(2) Certification application. The designated representative shall submit a certification application in accordance with § 75.63(a)(1)(ii).

(3) Approval of certification applications. The provisions for the certification application formal approval process in the introductory text of paragraph (a)(4) and in paragraphs (a)(4)(i), (ii), and (iv) of this section shall apply, except that “continuous emission or opacity monitoring system” shall be replaced with “low mass emissions excepted methodology.” Provisional certification status for the low mass emissions methodology begins on the date of submittal (consistent with the definition of “submit” in § 72.2 of this chapter) of a complete certification application, and the methodology is considered to be certified either upon receipt of a written approval notice from the Administrator or, if such notice is not provided, at the end of the Administrator's 120-day review period. However, in contrast to CEM systems or appendix D and E monitoring systems, a provisionally certified or certified low mass emissions excepted methodology may not be used to report data under the Acid Rain Program or in a NOX mass emissions reduction program under subpart H of this part prior to the applicable commencement date specified in § 75.19(a)(2)(i).

(4) Disapproval of low mass emissions unit certification applications. If the Administrator determines that the certification application for a low mass emissions unit does not demonstrate that the unit meets the requirements of §§ 75.19(a) and (b), the Administrator shall issue a written notice of disapproval of the certification application within 120 days of receipt. By issuing the notice of disapproval, the provisional certification is invalidated by the Administrator, and any emission data reported using the excepted methodology during the Administrator's 120-day review period shall be considered invalid. The owner or operator shall use the following procedures when a certification application is disapproved:

(i) The owner or operator shall substitute the following values, as applicable, for each hour of unit operation in which data were reported using the low mass emissions methodology until such time, date, and hour as continuous emission monitoring systems or excepted monitoring systems, where applicable, are installed and provisionally certified: the maximum potential concentration of SO2, as defined in section 2.1.1.1 of appendix A to this part; the maximum potential fuel flowrate, as defined in section 2.4.2 of appendix D to this part; the maximum potential values of fuel sulfur content, GCV, and density (if applicable) in Table D-6 of appendix D to this part; the maximum potential NOX emission rate, as defined in § 72.2 of this chapter; the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part; or the maximum potential CO2 concentration as defined in section 2.1.3.1 of appendix A to this part. For a unit subject to a State or federal NOX mass reduction program where the owner or operator intends to monitor NOX mass emissions with a NOX pollutant concentration monitor and a flow monitoring system, substitute for NOX concentration using the maximum potential concentration of NOX, as defined in section 2.1.2.1 of appendix A to this part, and substitute for volumetric flow using the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part; and

(ii) The designated representative shall submit a notification of certification test dates for the required monitoring systems, as specified in § 75.61(a)(1)(i), and shall submit a certification application according to the procedures in paragraph (a)(2) of this section.

(5) Recertification. Recertification of an approved low mass emissions excepted methodology is not required. Once the Administrator has approved the methodology for use, the owner or operator is subject to the on-going qualification and disqualification procedures in § 75.19(b), on an annual or ozone season basis, as applicable.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26524, May 17, 1995; 60 FR 40296, Aug. 8, 1995; 61 FR 59158, Nov. 20, 1996; 63 FR 57506, Oct. 27, 1998; 64 FR 28592, May 26, 1999; 67 FR 40431, June 12, 2002; 70 FR 28678, May 18, 2005; 72 FR 51527, Sept. 7, 2007; 73 FR 4345, Jan. 24, 2008; 76 FR 17308, Mar. 28, 2011]

§ 75.21 - Quality assurance and quality control requirements.

(a) Continuous emission monitoring systems. The owner or operator of an affected unit shall operate, calibrate and maintain each continuous emission monitoring system used to report emission data under the Acid Rain Program as follows:

(1) The owner or operator shall operate, calibrate and maintain each primary and redundant backup continuous emission monitoring system according to the quality assurance and quality control procedures in appendix B of this part.

(2) The owner or operator shall ensure that each non-redundant backup CEMS meets the quality assurance requirements of § 75.20(d) for each day and quarter that the system is used to report data.

(3) The owner or operator shall perform quality assurance upon a reference method backup monitoring system according to the requirements of Method 2, 6C, 7E, or 3A in Appendices A-1, A-2 and A-4 to part 60 of this chapter (supplemented, as necessary, by guidance from the Administrator), instead of the procedures specified in appendix B to this part.

(4) The owner or operator of a unit with an SO2 continuous emission monitoring system is not required to perform the daily or quarterly assessments of the SO2 monitoring system under appendix B to this part on any day or in any calendar quarter in which only gaseous fuel is combusted in the unit if, during those days and calendar quarters, SO2 emissions are determined in accordance with § 75.11(e)(1). However, such assessments are permissible, and if any daily calibration error test or linearity test of the SO2 monitoring system is failed while the unit is combusting only gaseous fuel, the SO2 monitoring system shall be considered out-of-control. The length of the out-of-control period shall be determined in accordance with the applicable procedures in section 2.1.4 or 2.2.3 of appendix B to this part.

(5) For a unit with an SO2 continuous monitoring system, in which gaseous fuel that is very low sulfur fuel (as defined in § 72.2 of this chapter) is sometimes burned as a primary or backup fuel and in which higher-sulfur fuel(s) such as oil or coal are, at other times, burned as primary or backup fuel(s), the owner shall perform the relative accuracy test audits of the SO2 monitoring system (as required by section 6.5 of appendix A to this part and section 2.3.1 of appendix B to this part) only when the higher-sulfur fuel is combusted in the unit and shall not perform SO2 relative accuracy test audits when the very low sulfur gaseous fuel is the only fuel being combusted.

(6) If the designated representative certifies that a unit with an SO2 monitoring system burns only very low sulfur fuel (as defined in § 72.2 of this chapter), the SO2 monitoring system is exempted from the relative accuracy test audit requirements in appendices A and B to this part.

(7) If the designated representative certifies that a particular unit with an SO2 monitoring system combusts primarily fuel(s) that are very low sulfur fuel(s) (as defined in § 72.2 of this chapter) and combusts higher sulfur fuel(s) only for infrequent, non-routine operations (e.g., only as emergency backup fuel(s) or for short-term testing), the SO2 monitoring system shall be exempted from the RATA requirements of appendices A and B to this part in any calendar year that the unit combusts the higher sulfur fuel(s) for no more than 480 hours. If, in a particular calendar year, the higher-sulfur fuel usage exceeds 480 hours, the owner or operator shall perform a RATA of the SO2 monitor (while combusting the higher-sulfur fuel) either by the end of the calendar quarter in which the exceedance occurs or by the end of a 720 unit (or stack) operating hour grace period (under section 2.3.3 of appendix B to this part) following the quarter in which the exceedance occurs.

(8) The quality assurance provisions of §§ 75.11(e)(3)(i) through 75.11(e)(3)(iv) shall apply to all units with SO2 monitoring systems during hours in which only very low sulfur fuel (as defined in § 72.2 of this chapter) is combusted in the unit.

(9) Provided that a unit with an SO2 monitoring system is not exempted from the SO2 RATA requirements of this part under paragraphs (a)(6) or (a)(7) of this section, any calendar quarter during which a unit combusts only very low sulfur fuel (as defined in § 72.2 of this chapter) shall be excluded in determining the quarter in which the next relative accuracy test audit must be performed for the SO2 monitoring system. However, no more than eight successive calendar quarters shall elapse after a relative accuracy test audit of an SO2 monitoring system, without a subsequent relative accuracy test audit having been performed. The owner or operator shall ensure that a relative accuracy test audit is performed, in accordance with paragraph (a)(5) of this section, either by the end of the eighth successive elapsed calendar quarter since the last RATA or by the end of a 720 unit (or stack) operating hour grace period, as provided in section 2.3.3 of appendix B to this part.

(10) The owner or operator who, in accordance with § 75.11(e)(1), uses a certified flow monitor and a certified diluent monitor and Equation F-23 in appendix F to this part to calculate SO2 emissions during hours in which a unit combusts only natural gas or pipeline natural gas (as defined in § 72.2 of this chapter) shall meet all quality control and quality assurance requirements in appendix B to this part for the flow monitor and the diluent monitor.

(b) Continuous opacity monitoring systems. The owner or operator of an affected unit shall operate, calibrate, and maintain each continuous opacity monitoring system used under the Acid Rain Program according to the procedures specified for State Implementation Plans, pursuant to part 51, appendix M of this chapter.

(c) Calibration gases. The owner or operator shall ensure that all calibration gases used to quality assure the operation of the instrumentation required by this part shall meet the definition in § 72.2 of this chapter.

(d) Notification for periodic relative accuracy test audits. The owner or operator or the designated representative shall submit a written notice of the dates of relative accuracy testing as specified in § 75.61.

(e) Consequences of audits. The owner or operator shall invalidate data from a continuous emission monitoring system or continuous opacity monitoring system upon failure of an audit under appendix B to this part or any other audit, beginning with the unit operating hour of completion of a failed audit as determined by the Administrator. The owner or operator shall not use invalidated data for reporting either emissions or heat input, nor for calculating monitor data availability.

(1) Audit decertification. Whenever both an audit of a continuous emission or opacity monitoring system (or component thereof, including the data acquisition and handling system), of any excepted monitoring system under appendix D or E to this part, or of any alternative monitoring system under subpart E of this part, and a review of the initial certification application or of a 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 of this part, both at the time of the initial certification or recertification application submission and at the time of the audit, the Administrator will 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 of the facility or an audit of any information submitted to EPA or the State agency regarding the facility. By issuing the notice of disapproval, the certification status is revoked prospectively by the Administrator. The data measured and recorded by each system 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. The owner or operator shall follow the procedures in § 75.20(a)(5) for initial certification or § 75.20(b)(5) for recertification to replace, prospectively, all of the invalid, non-quality-assured data for each disapproved system.

(2) Out-of-control period. Whenever a continuous emission monitoring system or continuous opacity monitoring system fails a quality assurance audit or any other audit, the system is out-of-control. The owner or operator shall follow the procedures for out-of-control periods in § 75.24.

(f) Requirements for Air Emission Testing. On and after March 27, 2012, relative accuracy testing under § 75.74(c)(2)(ii), section 6.5 of appendix A to this part, and section 2.3.1 of appendix B to this part, and stack testing under § 75.19 and section 2.1 of appendix E to this part shall be performed by an “Air Emission Testing Body”, as defined in § 72.2 of this chapter. Conformance to the requirements of ASTM D7036-04 (incorporated by reference, see § 75.6), referred to in section 6.1.2 of appendix A to this part, shall apply only to these tests. Section 1.1.4 of appendix B to this part, and section 2.1 of appendix E to this part require compliance with section 6.1.2 of appendix A to this part. Tests and activities under this part not required to be performed by an AETB as defined in § 72.2 of this chapter include daily CEMS operation, daily calibration error checks, daily flow interference checks, quarterly linearity checks, routine maintenance of CEMS, voluntary emissions testing, or emissions testing required under other regulations.

(g) Requirements for EPA Protocol Gas Verification Program. Any EPA Protocol gas production site that chooses to participate in the EPA Protocol Gas Verification Program (PGVP) must notify the Administrator of its intent to participate. An EPA Protocol gas production site's participation shall commence immediately upon notification to EPA and shall extend through the end of the calendar year in which notification is provided. EPA will issue a vendor ID to each participating EPA Protocol gas production site. In each year of the PGVP, EPA may audit up to four EPA Protocol gas cylinders from each participating EPA Protocol gas production site.

(1) A production site participating in the PGVP shall provide the following information in its initial and ongoing notifications to EPA in an electronic format prescribed by the Administrator (see the CAMD Web site http://www.epa.gov/airmarkets/emissions/pgvp.html):

(i) The specialty gas company name which owns or operates the participating production site;

(ii) The name, e-mail address, and telephone number of a contact person for that specialty gas company;

(iii) The name and address of that participating EPA Protocol gas production site, owned or operated by the specialty gas company; and

(iv) The name, e-mail address, and telephone number of a contact person for that participating EPA Protocol gas production site.

(2) An EPA Protocol gas production site that elects to continue participating in the PGVP in the next calendar year must notify the Administrator of its intent to continue in the program by December 31 of the current year by submitting to EPA the information described in paragraph (g)(1) of this section.

(3) A list of the names, contact information, and vendor IDs of EPA Protocol gas production sites participating in the PGVP will be made publicly available by posting on EPA Web sites (see the CAMD Web site http://www.epa.gov/airmarkets/emissions/pgvp.html).

(4) EPA may remove an EPA Protocol gas production site from the list of PGVP participants and give notice to the production site for any of the following reasons:

(i) If the EPA Protocol gas production site fails to provide all of the information required by paragraph (g)(1) of this section in accordance with paragraph (g)(2) of this section;

(ii) If, after being notified that its EPA Protocol gas cylinders are being audited by EPA, the EPA Protocol gas production site fails to cancel its invoice or to credit the purchaser's account for the cylinders within 45 calendar days of such notification; or

(iii) If, after being notified that its EPA Protocol gas cylinders are being audited by EPA, the EPA Protocol gas production site cannot provide to EPA upon demand proof of payment to the National Institute of Standards and Technology (NIST) and a valid contract with NIST;

(5) EPA may relist an EPA Protocol gas production site as follows:

(i) An EPA Protocol gas production site may be relisted immediately after its failure is remedied if the only reason for removal from the list of PGVP participants is failure to provide all of the information required by paragraph (g)(1) of this section;

(ii) If EPA does not receive hardcopy or electronic proof of a credit receipt or of cancellation of the invoice for the cylinders from the EPA Protocol gas production site within 45 calendar days of notifying the EPA Protocol gas production site that its cylinders are being audited by EPA, the cylinders shall be returned to the EPA Protocol gas production site free of any demurrage, and that EPA Protocol gas production site shall not be eligible for relisting for 180 calendar days from the date of notice that it was removed from the list and until it submits to EPA the information required by paragraph (g)(1) of this section;

(iii) For any EPA Protocol gas production site which is notified by EPA that its cylinders are being audited and cannot provide to EPA upon demand proof of payment to NIST and a valid contract with NIST, the cylinders may either be kept by NIST or returned to the EPA Protocol gas production site free of any demurrage and at no cost to NIST, and that EPA Protocol gas production site shall not be eligible for relisting for 180 calendar days from the date of notice that it was removed from the list and until it submits to EPA the information required by paragraph (g)(1) of this section.

(6) On and after May 27, 2011 for each unit subject to this part that uses EPA Protocol gases, the owner or operator must obtain such gases from either an EPA Protocol gas production site that is on the EPA list of sites participating in the PGVP on the date the owner or operator procures such gases or from a reseller that sells to the owner or operator unaltered EPA Protocol gases produced by an EPA Protocol gas production site that was on the EPA list of participating sites on the date the reseller procured such gases.

(7) An EPA Protocol gas cylinder certified by or ordered from any non-participating EPA Protocol gas production site no later than May 27, 2011 may be used for the purposes of this part until the earlier of the cylinder's expiration date or the date on which the cylinder gas pressure reaches 150 psig. In the event that an EPA Protocol gas production site is removed from the list of PGVP participants on the same date as or after the date on which a particular cylinder has been certified or ordered, that gas cylinder may continue to be used for the purposes of this part until the earlier of the cylinder's expiration date or the date on which the cylinder gas pressure reaches 150 psig. However, in no case shall a cylinder described in this paragraph (g)(7) be recertified by a non-participating EPA Protocol gas production site to extend its useful life and be used by a source subject to this part.

(8) If EPA notifies a participating EPA Protocol gas production site that its EPA Protocol gas cylinders are being audited and identifies the purchaser as an EPA representative or contractor participating in the audit process, the production site shall:

(i) Either cancel that purchaser's invoice or credit that purchaser's account for the purchase of those EPA Protocol gas cylinders;

(ii) Not charge for demurrage for those EPA Protocol gas cylinders;

(iii) Arrange for and pay for the return shipment of its cylinders from NIST; and

(iv) Provide sufficient funding to NIST for:

(A) The analysis of those EPA Protocol gas cylinders by NIST;

(B) The production site's pro rata share of draft and final NIST electronic audit reports as specified in paragraphs (g)(9)(ii) through (g)(9)(v) of this section on all cylinders in the current audit; and

(C) The full cost of a draft redacted electronic audit report containing just that production site's results and the information as specified in paragraphs (g)(9)(ii) through (g)(9)(v) of this section;

(9) If EPA notifies a participating EPA Protocol gas production site that its EPA Protocol gas cylinders are being audited then:

(i) Each participating EPA Protocol gas production site must have NIST analyze its EPA Protocol gas cylinders provided for audit as soon after NIST receives the batch containing those cylinders as possible, preferably within two weeks of NIST's receipt, using analytical procedures consistent with metrology institute practices and at least as rigorous as the “EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards” (Traceability Protocol), September 1997, as amended August 25, 1999, EPA-600/R-97/121, (incorporated by reference, see § 75.6) or equivalent written cylinder analysis protocol that has been approved by EPA.

(ii) Each cylinder's concentration must be determined by NIST and the results compared to each cylinder's certification documentation and tag value to establish conformance with section 5.1 of appendix A to this part. After NIST analysis, each cylinder must be provided with a NIST analyzed concentration with an expanded uncertainty, as defined in § 72.2, (coverage factor, as defined in § 72.2, k = 2) of plus or minus 1.0 percent (calculated combined standard uncertainty of plus or minus 0.5%), inclusive, or better, unless otherwise approved by EPA.

(iii) The certification documentation accompanying each cylinder must be verified in the audit report as meeting the requirements of “EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards,” September 1997, as amended August 25, 1999, EPA-600/R-97/121 (incorporated by reference, see § 75.6) or a revised procedure approved by the Administrator.

(iv) Each participating EPA Protocol gas production site shall have NIST provide all of the information required by paragraphs (g)(9)(ii) through (g)(9)(v) of this section in draft and final electronic audit reports on all cylinders in the current audit, and in a draft redacted electronic audit report containing just that production site's information. The draft audit report on all cylinders in the current audit and each draft redacted version of the audit report shall be submitted electronically by NIST to [email protected], unless otherwise provided by the Administrator, within four weeks of completion of all cylinder analyses or as soon as possible thereafter. The draft and final audit report on all cylinders in the current audit shall only be sent to EPA. EPA will send the applicable draft redacted audit report to each participating production site for comment. To be considered in the final posted audit report, EPA must receive comments, and any cylinder re-analyses from participating EPA Protocol gas production sites within 60 days of the participating EPA Protocol gas production site's receipt of the draft redacted audit report. All comments from production sites, including any cylinder re-analyses, on the draft redacted versions of the audit report shall be submitted electronically to [email protected], unless otherwise provided by the Administrator. The final audit report on all cylinders in the current audit shall be submitted electronically by NIST to [email protected], unless otherwise provided by the Administrator, within 90 days of the participating EPA Protocol gas production site's receipt of the draft redacted audit report sent by EPA or as soon as possible thereafter. EPA will post the final results of the NIST analyses on EPA Web sites (see the CAMD Web site http://www.epa.gov/airmarkets/emissions/pgvp.html). Each audit report shall include:

(A) A table with the information and in the format specified by Figure 3 (or the Note below Figure 3, as applicable) of appendix B to this part or such revised format as approved by the Administrator; and

(B) Complete documentation of the NIST procedures used to analyze the cylinders, including the analytical reference standards, analytical method, analytical method uncertainty, analytical instrumentation, and instrument calibration procedures.

(v) For EPA Protocol gas production sites that produce EPA Protocol gas cylinders claiming NIST traceability for both NO and NOX concentrations in the same cylinder, if analyzed by NIST for the PGVP, such cylinders must be analyzed by NIST for both the NO and NOX components (where total NOX is determined by NO plus NO2) and the results of the analyses shall be included in the audit report.

(10) An EPA Protocol gas production site shall continue to be on the EPA list of sites participating in the PGVP and may continue to sell EPA Protocol gases to sources subject to part 75 if it is not notified by EPA that its cylinders are being audited under the PGVP if it provides the information described in paragraph (g)(1) of this section in accordance with paragraph (g)(2) of this section.

(11) The data validation procedures under §§ 2.1.4, 2.2.3, and 2.3.2 of appendix B to this part apply.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26527, 26566, May 17, 1995; 61 FR 25582, May 22, 1996; 61 FR 59159, Nov. 20, 1996; 64 FR 28599, May 26, 1999; 67 FR 40433, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 70 FR 28679, May 18, 2005; 73 FR 4345, Jan. 24, 2008; 76 FR 17308, Mar. 28, 2011]

§ 75.22 - Reference test methods.

(a) The owner or operator shall use the following methods, which are found in appendices A-1 through A-4 to part 60 of this chapter, to conduct the following tests: Monitoring system tests for certification or recertification of continuous emission monitoring Systems; NOX emission tests of low mass emission units under § 75.19(c)(1)(iv); NOX emission tests of excepted monitoring systems under appendix E to this part; and required quality assurance and quality control tests:

(1) Methods 1 or 1A are the reference methods for selection of sampling site and sample traverses.

(2) Method 2 or its allowable alternatives, as provided in appendix A to part 60 of this chapter, except for Methods 2B and 2E, are the reference methods for determination of volumetric flow.

(3) Methods 3, 3A, or 3B are the reference methods for the determination of the dry molecular weight O2 and CO2 concentrations in the emissions.

(4) Method 4 (either the standard procedure described in section 8.1 of the method or the moisture approximation procedure described in section 8.2 of the method) shall be used to correct pollutant concentrations from a dry basis to a wet basis (or from a wet basis to a dry basis) and shall be used when relative accuracy test audits of continuous moisture monitoring systems are conducted. For the purpose of determining the stack gas molecular weight, however, the alternative wet bulb-dry bulb technique for approximating the stack gas moisture content described in section 2.2 of Method 4 may be used in lieu of the procedures in sections 8.1 and 8.2 of the method.

(5) Methods 6, 6A, 6B or 6C, and 7, 7A, 7C, 7D or 7E in appendix A-4 to part 60 of this chapter, as applicable, are the reference methods for determining SO2 and NOX pollutant concentrations. (Methods 6A and 6B in appendix A-4 to part 60 of this chapter may also be used to determine SO2 emission rate in lb/mmBtu.) Methods 7, 7A, 7C, 7D, or 7E in appendix A-4 to part 60 of this chapter must be used to measure total NOX emissions, both NO and NO2, for purposes of this part. The owner or operator shall not use the following sections, exceptions, and options of method 7E in appendix A-4 to part 60 of this chapter:

(i) Section 7.1 of the method allowing for use of prepared calibration gas mixtures that are produced in accordance with method 205 in Appendix M of 40 CFR Part 51;

(ii) The sampling point selection procedures in section 8.1 of the method, for the emission testing of boilers and combustion turbines under appendix E to this part. The number and location of the sampling points for those applications shall be as specified in sections 2.1.2.1 and 2.1.2.2 of appendix E to this part;

(iii) Paragraph (3) in section 8.4 of the method allowing for the use of a multi-hole probe to satisfy the multipoint traverse requirement of the method;

(iv) Section 8.6 of the method allowing for the use of “Dynamic Spiking” as an alternative to the interference and system bias checks of the method. Dynamic spiking may be conducted (optionally) as an additional quality assurance check; and

(v) That portion of Section 8.5 of the method allowing multiple sampling runs to be conducted before performing the post-run system bias check or system calibration error check.

(6) Method 3A in appendix A-2 and method 7E in appendix A-4 to part 60 of this chapter are the reference methods for determining NOX and diluent emissions from stationary gas turbines for testing under appendix E to this part.

(b) The owner or operator may use any of the following methods, which are found in appendices A-1 through A-4 to part 60 of this chapter, as a reference method backup monitoring system to provide quality-assured monitor data:

(1) Method 3A for determining O2 or CO2 concentration;

(2) Method 6C for determining SO2 concentration;

(3) Method 7E for determining total NOX concentration (both NO and NO2);

(4) Method 2, or its allowable alternatives, as provided in appendix A to part 60 of this chapter, except for Methods 2B and 2E, for determining volumetric flow. The sample point(s) for reference methods shall be located according to the provisions of section 6.5.5 of appendix A to this part.

(c)(1) Instrumental EPA Reference Methods 3A, 6C, and 7E in appendices A-2 and A-4 of part 60 of this chapter shall be conducted using calibration gases as defined in section 5 of appendix A to this part. Otherwise, performance tests shall be conducted and data reduced in accordance with the test methods and procedures of this part unless the Administrator:

(i) Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology;

(ii) Approves the use of an equivalent method; or

(iii) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors.

(2) Nothing in this paragraph shall be construed to abrogate the Administrator's authority to require testing under Section 114 of the Act.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26528, May 17, 1995; 64 FR 28600, May 26, 1999; 67 FR 40433, June 12, 2002; 67 FR 53505, Aug. 16, 2002; 70 FR 28679, May 18, 2005; 73 FR 4345, Jan. 24, 2008; 76 FR 17310, Mar. 28, 2011]

§ 75.23 - Alternatives to standards incorporated by reference.

(a) The designated representative of a unit may petition the Administrator for an alternative to any standard incorporated by reference and prescribed in this part in accordance with § 75.66(c).

(b) [Reserved]

[60 FR 26528, May 17, 1995]

§ 75.24 - Out-of-control periods and adjustment for system bias.

(a) If an out-of-control period occurs to a monitor or continuous emission monitoring system, the owner or operator shall take corrective action and repeat the tests applicable to the “out-of-control parameter” as described in appendix B of this part.

(1) For daily calibration error tests, an out-of-control period occurs when the calibration error of a pollutant concentration monitor exceeds the applicable specification in section 2.1.4 of appendix B to this part.

(2) For quarterly linearity checks, an out-of-control period occurs when the error in linearity at any of three gas concentrations (low, mid-range, and high) exceeds the applicable specification in appendix A to this part.

(3) For relative accuracy test audits, an out-of-control period occurs when the relative accuracy exceeds the applicable specification in appendix A to this part.

(b) When a monitor or continuous emission monitoring system is out-of-control, any data recorded by the monitor or monitoring system are not quality-assured and shall not be used in calculating monitor data availabilities pursuant to § 75.32 of this part.

(c) When a monitor or continuous emission monitoring system is out-of-control, the owner or operator shall take one of the following actions until the monitor or monitoring system has successfully met the relevant criteria in appendices A and B of this part as demonstrated by subsequent tests:

(1) Apply the procedures for missing data substitution to emissions from affected unit(s); or

(2) Use a certified backup monitoring system or a reference method for measuring and recording emissions from the affected unit(s); or

(3) Adjust the gas discharge paths from the affected unit(s) with emissions normally observed by the out-of-control monitor or monitoring system so that all exhaust gases are monitored by a certified monitor or monitoring system meeting the requirements of appendices A and B of this part.

(d) When the bias test indicates that an SO2 monitor, a flow monitor, a NOX-diluent continuous emission monitoring system, or a NOX concentration monitoring system used to determine NOX mass emissions, as defined in § 75.71(a)(2), is biased low (i.e., the arithmetic mean of the differences between the reference method value and the monitor or monitoring system measurements in a relative accuracy test audit exceed the bias statistic in section 7 of appendix A to this part), the owner or operator shall adjust the monitor or continuous emission monitoring system to eliminate the cause of bias such that it passes the bias test or calculate and use the bias adjustment factor as specified in section 2.3.4 of appendix B to this part.

(e) The owner or operator shall determine if a continuous opacity monitoring system is out-of-control and shall take appropriate corrective actions according to the procedures specified for State Implementation Plans, pursuant to appendix M of part 51 of this chapter. The owner or operator shall comply with the monitor data availability requirements of the State. If the State has no monitor data availability requirements for continuous opacity monitoring systems, then the owner or operator shall comply with the monitor data availability requirements as stated in the data capture provisions of appendix M, part 51 of this chapter.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26528, May 17, 1995; 64 FR 28600, May 26, 1999; 67 FR 40433, June 12, 2002; 70 FR 28680, May 18, 2005; 76 FR 17311, Mar. 28, 2011]