§75.74. Annual and ozone season monitoring and reporting requirements. — Inbound Citations

(b) No owner or operator of an affected unit shall operate the unit without complying with the requirements of §§ 75.2 through 75.75 and appendices A through G to this part.

(2) No owner or operator of an affected unit or a non-affected unit under § 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged emissions of NOX to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this part, except as provided in § 75.74.

(2) No owner or operator of a NOX Budget unit or a non-NOX Budget unit monitored under § 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, NOX emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this subpart and part 75 of this chapter except as provided for in § 75.74 of this chapter.

(2) 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 this subpart and part 75 of this chapter, except as provided in § 75.74 of this chapter.

(A) An initial demonstration is provided, in accordance with paragraph (a)(2) of this section, which shows that the unit emits:

(1) No more than 25 tons of SO2 annually and less than 100 tons of NOX annually, for Acid Rain Program affected units. If the unit is also subject to the provisions of subpart H of this part, no more than 50 of the allowable annual tons of NOX may be emitted during the ozone season; or

(2) Less than 100 tons of NOX annually and no more than 50 tons of NOX during the ozone season, for non-Acid Rain Program units subject to the provisions of subpart H of this part, for which the owner or operator reports emissions data on a year-round basis, in accordance with § 75.74(a) or § 75.74(b); or

(3) No more than 50 tons of NOX per ozone season, for non-Acid Rain Program units subject to the provisions of subpart H of this part, for which the owner or operator reports emissions data only during the ozone season, in accordance with § 75.74(b); and

(2) This paragraph, (a)(2), applies only to a unit which, as provided in § 75.74(a) or § 75.74(b)(1), reports NOX mass emissions on a year-round basis under a state or Federal NOX mass emissions reduction program that adopts the emissions monitoring provisions of this part. If the add-on NOX emission controls installed on such a unit are operated only during the ozone season or are operated in a more efficient manner during the ozone season than outside the ozone season, the owner or operator may implement the missing data provisions of paragraph (a)(1) of this section in the following alternative manner:

(i) The historical, quality-assured NOX emission rate or NOX concentration data may be separated into two categories, i.e., data recorded inside the ozone season and data recorded outside the ozone season;

(ii) For the purposes of the missing data lookback periods described under §§ 75.33 (c)(1), (c)(2), (c)(3) and (c)(5) of this section, the substitute data values shall be taken from the appropriate database, depending on the date(s) and hour(s) of the missing data period. That is, if the missing data period occurs inside the ozone season, the ozone season data shall be used to provide substitute data. If the missing data period occurs outside the ozone season, data from outside the ozone season shall be used to provide substitute data.

(iii) A missing data period that begins outside the ozone season and continues into the ozone season shall be considered to be two separate missing data periods, one ending on April 30, hour 23, and the other beginning on May 1, hour 00;

(iv) For missing data hours outside the ozone season, the procedures of § 75.33 may be applied unconditionally, i.e., documentation of the operational status of the emission controls is not required in order to apply the standard missing data routines.

(2) Use the procedures in appendix D to this part for determining hourly heat input and the procedure specified in appendix E to this part for estimating hourly NOX emission rate. However, for a common pipe configuration, the heat input apportionment provisions in section 2.1.2 of appendix D to this part shall not be used to meet the NOX mass reporting provisions of this subpart unless all of the units served by the common pipe are affected units and have similar efficiencies. In addition, if after certification of an excepted monitoring system under appendix E to this part, the operation of a unit that reports emissions on an annual basis under § 75.74(a) of this part exceeds a capacity factor of 20.0 percent in any calendar year or exceeds an annual capacity factor of 10.0 percent averaged over three years, or the operation of a unit that reports emissions on an ozone season basis under § 75.74(b) of this part exceeds a capacity factor of 20.0 percent in any ozone season or exceeds an ozone season capacity factor of 10.0 percent averaged over three years, the owner or operator shall meet the requirements of paragraph (c)(1) or (c)(2) of this section by no later than December 31 of the following calendar year. If the required CEMS are not installed and certified by that date, the owner or operator shall report hourly NOX mass emissions as the product of the maximum potential NOX emission rate (MER) and the maximum hourly heat input of the unit (as defined in § 72.2 of this chapter), starting with the first unit operating hour after the deadline and continuing until the CEMS are provisionally certified.

(A) An initial demonstration is provided, in accordance with paragraph (a)(2) of this section, which shows that the unit emits:

(1) No more than 25 tons of SO2 annually and less than 100 tons of NOX annually, for Acid Rain Program affected units. If the unit is also subject to the provisions of subpart H of this part, no more than 50 of the allowable annual tons of NOX may be emitted during the ozone season; or

(2) Less than 100 tons of NOX annually and no more than 50 tons of NOX during the ozone season, for non-Acid Rain Program units subject to the provisions of subpart H of this part, for which the owner or operator reports emissions data on a year-round basis, in accordance with § 75.74(a) or § 75.74(b); or

(3) No more than 50 tons of NOX per ozone season, for non-Acid Rain Program units subject to the provisions of subpart H of this part, for which the owner or operator reports emissions data only during the ozone season, in accordance with § 75.74(b); and

(2) Use the procedures in appendix D to this part for determining hourly heat input and the procedure specified in appendix E to this part for estimating hourly NOX emission rate. However, for a common pipe configuration, the heat input apportionment provisions in section 2.1.2 of appendix D to this part shall not be used to meet the NOX mass reporting provisions of this subpart unless all of the units served by the common pipe are affected units and have similar efficiencies. In addition, if after certification of an excepted monitoring system under appendix E to this part, the operation of a unit that reports emissions on an annual basis under § 75.74(a) of this part exceeds a capacity factor of 20.0 percent in any calendar year or exceeds an annual capacity factor of 10.0 percent averaged over three years, or the operation of a unit that reports emissions on an ozone season basis under § 75.74(b) of this part exceeds a capacity factor of 20.0 percent in any ozone season or exceeds an ozone season capacity factor of 10.0 percent averaged over three years, the owner or operator shall meet the requirements of paragraph (c)(1) or (c)(2) of this section by no later than December 31 of the following calendar year. If the required CEMS are not installed and certified by that date, the owner or operator shall report hourly NOX mass emissions as the product of the maximum potential NOX emission rate (MER) and the maximum hourly heat input of the unit (as defined in § 72.2 of this chapter), starting with the first unit operating hour after the deadline and continuing until the CEMS are provisionally certified.

(ii) Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under § 75.74(d)(3) through September 30 of each year in accordance with the provisions of § 75.74(b) of this chapter. The NOX authorized account representative shall submit a quarterly report for each calendar quarter, beginning with:

(A) For units that elect to comply with the early reduction credit provisions under § 96.55, the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii). Data shall be reported from the date and hour corresponding to the date and hour of provisional certification; or

(B) For units commencing operation prior to May 1, 2002 that are not required to certify monitors by May 1, 2000 under § 96.70(b)(1), the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii), or if the certification tests are not completed by May 1, 2002, the partial CALENDER quarter from May 1, 2002 through June 30, 2002. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1, 2002; or

(C) For units that commence operation after May 1, 2002 during the control period, the CALENDER quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation; or

(D) For units that commence operation after May 1, 2002 and before May 1 of the year in which the unit commences operation, the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1 of the year in which the unit commences operation, May 1 of the year in which the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.

(E) For units that commence operation after May 1, 2002 and after September 30 of the year in which the unit commences operation, the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1 of the year after the unit commences operation, May 1 of the year after the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.

(2) This paragraph, (a)(2), applies only to a unit which, as provided in § 75.74(a) or § 75.74(b)(1), reports NOX mass emissions on a year-round basis under a state or Federal NOX mass emissions reduction program that adopts the emissions monitoring provisions of this part. If the add-on NOX emission controls installed on such a unit are operated only during the ozone season or are operated in a more efficient manner during the ozone season than outside the ozone season, the owner or operator may implement the missing data provisions of paragraph (a)(1) of this section in the following alternative manner:

(i) The historical, quality-assured NOX emission rate or NOX concentration data may be separated into two categories, i.e., data recorded inside the ozone season and data recorded outside the ozone season;

(ii) For the purposes of the missing data lookback periods described under §§ 75.33 (c)(1), (c)(2), (c)(3) and (c)(5) of this section, the substitute data values shall be taken from the appropriate database, depending on the date(s) and hour(s) of the missing data period. That is, if the missing data period occurs inside the ozone season, the ozone season data shall be used to provide substitute data. If the missing data period occurs outside the ozone season, data from outside the ozone season shall be used to provide substitute data.

(iii) A missing data period that begins outside the ozone season and continues into the ozone season shall be considered to be two separate missing data periods, one ending on April 30, hour 23, and the other beginning on May 1, hour 00;

(iv) For missing data hours outside the ozone season, the procedures of § 75.33 may be applied unconditionally, i.e., documentation of the operational status of the emission controls is not required in order to apply the standard missing data routines.

(B) For a unit that is subject to Subpart H of this part and that reports only during the ozone season according to § 75.74(c), begin using the methodology in the first unit operating hour in the ozone season designated in the certification application as the first ozone season that the methodology will be used.

(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.

(G) On and after April 27, 2011, fuel code for Ozone Season Only reporters under § 75.74(c).

(i) Any quality-assurance test of a continuous emission monitoring system required under appendix B to this part or § 75.74(c).

(e) For units that use continuous emission monitoring systems to account for NOX mass emissions, the owner or operator shall meet the applicable quality assurance and quality control requirements in § 75.21, appendix B to this part, and § 75.74(c) for the NOX-diluent continuous emission monitoring systems, flow monitoring systems, NOX concentration monitoring systems, moisture monitoring systems, and diluent monitors required under § 75.71. Units using the low mass emissions excepted methodology under § 75.19 shall meet the applicable quality assurance requirements of that section, except as otherwise provided in § 75.74(c). Units using excepted monitoring methods under appendices D and E to this part shall meet the applicable quality assurance requirements of those appendices.

(ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(B) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;.

(C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 96.384(b); and

(D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NOX Ozone Season opt-in unit under subpart IIII of this part, the calendar quarter corresponding to the date on which the CAIR NOX Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading Program as provided in § 96.384(g).

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(B) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.370(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;

(C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 97.384(b); and

(D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NOX Ozone Season opt-in unit under subpart IIII of this part, the calendar quarter corresponding to the date on which the CAIR NOX Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading Program as provided in § 97.384(g).

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(1) The owner or operator of a unit that uses continuous emissions monitoring systems or a fuel flowmeter to meet any of the requirements of this subpart shall quality assure the hourly ozone season emission data required by this subpart. To achieve this, the owner or operator shall operate, maintain and calibrate each required CEMS and shall perform diagnostic testing and quality assurance testing of each required CEMS or fuel flowmeter according to the applicable provisions of paragraphs (c)(2) through (c)(5) of this section. Except where otherwise noted, the provisions of paragraphs (c)(2) and (c)(3) of this section apply instead of the quality assurance provisions in sections 2.1 through 2.3 of appendix B to this part, and shall be used in lieu of those appendix B provisions.

(f) 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.

(15) On and after March 27, 2012, for all RATAs performed pursuant to § 75.74(c)(2)(ii), section 6.5 of appendix A to this part or section 2.3.1 of appendix B to this part, the owner or operator shall record in electronic format the following information as provided by the AETB:

(i) The name, telephone number and e-mail address of the Air Emission Testing Body;

(ii) The name of each on-site Qualified Individual, as defined in § 72.2 of this chapter;

(iii) For the reference method(s) that were performed, the date(s) that each on-site Qualified Individual took and passed the relevant qualification exam(s) required by ASTM D7036-04 (incorporated by reference, see § 75.6); and

(1) The owner or operator of a unit that uses continuous emissions monitoring systems or a fuel flowmeter to meet any of the requirements of this subpart shall quality assure the hourly ozone season emission data required by this subpart. To achieve this, the owner or operator shall operate, maintain and calibrate each required CEMS and shall perform diagnostic testing and quality assurance testing of each required CEMS or fuel flowmeter according to the applicable provisions of paragraphs (c)(2) through (c)(5) of this section. Except where otherwise noted, the provisions of paragraphs (c)(2) and (c)(3) of this section apply instead of the quality assurance provisions in sections 2.1 through 2.3 of appendix B to this part, and shall be used in lieu of those appendix B provisions.

(1) The owner or operator of a unit that uses continuous emissions monitoring systems or a fuel flowmeter to meet any of the requirements of this subpart shall quality assure the hourly ozone season emission data required by this subpart. To achieve this, the owner or operator shall operate, maintain and calibrate each required CEMS and shall perform diagnostic testing and quality assurance testing of each required CEMS or fuel flowmeter according to the applicable provisions of paragraphs (c)(2) through (c)(5) of this section. Except where otherwise noted, the provisions of paragraphs (c)(2) and (c)(3) of this section apply instead of the quality assurance provisions in sections 2.1 through 2.3 of appendix B to this part, and shall be used in lieu of those appendix B provisions.

(1) The owner or operator of a unit that uses continuous emissions monitoring systems or a fuel flowmeter to meet any of the requirements of this subpart shall quality assure the hourly ozone season emission data required by this subpart. To achieve this, the owner or operator shall operate, maintain and calibrate each required CEMS and shall perform diagnostic testing and quality assurance testing of each required CEMS or fuel flowmeter according to the applicable provisions of paragraphs (c)(2) through (c)(5) of this section. Except where otherwise noted, the provisions of paragraphs (c)(2) and (c)(3) of this section apply instead of the quality assurance provisions in sections 2.1 through 2.3 of appendix B to this part, and shall be used in lieu of those appendix B provisions.

(ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(B) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 96.370(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;.

(C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 96.384(b); and

(D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NOX Ozone Season opt-in unit under subpart IIII of this part, the calendar quarter corresponding to the date on which the CAIR NOX Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading Program as provided in § 96.384(g).

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(ii) Meet the requirements of subpart H of part 75 for the control period (including the requirements in § 75.74(c) of this chapter) and report NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the Administrator, for each calendar quarter beginning with:

(A) For a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(B) For a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under § 97.370(b), unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1 through June 30 of the first control period after such date;

(C) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under subpart IIII of this part, the calendar quarter corresponding to the date specified in § 97.384(b); and

(D) Notwithstanding paragraphs (d)(2)(ii)(A) and (2)(ii)(B) of this section, for a CAIR NOX Ozone Season opt-in unit under subpart IIII of this part, the calendar quarter corresponding to the date on which the CAIR NOX Ozone Season opt-in unit enters the CAIR NOX Ozone Season Trading Program as provided in § 97.384(g).

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(ii) Submit quarterly reports, documenting NOX mass emissions from the unit, only for the period from May 1 through September 30 of each year and including the data described in § 75.74(c)(6) of this chapter. The NOX authorized account representative shall submit such quarterly reports, beginning with:

(A) For a unit for which the owner or operator intends to apply or applies for the early reduction credits under § 97.43, the calendar quarter that covers May 1, 2000 through June 30, 2000. The NOX mass emission data shall be recorded and reported from the first hour on May 1, 2000; or

(B) For a unit that commences operation before January 1, 2003 and that is not subject to paragraph (d)(2)(ii)(A) of this section, the calendar quarter covering May 1, 2003 through June 30, 2003. The NOX mass emission data shall be recorded and reported from the first hour on May 1, 2003; or

(C) For a unit that commences operation on or after January 1, 2003 and during a control period, the calendar quarter in which the unit commences operation. The NOX mass emission data shall be recorded and reported from the date and hour when the unit commences operation; or

(D) For a unit that commences operation on or after January 1, 2003 and not during a control period, the calendar quarter which includes May 1 through June 30 of the first control period following the date on which the unit commences operation. The NOX mass emission data shall be recorded and reported from the first hour on May 1 of that control period.

(B) Meet the requirements of subpart H of part 75 of this chapter (including the requirements in § 75.74(c) of this chapter) for such unit for the control period and report the NOX mass emissions data and heat input data (including the data described in § 75.74(c)(6) of this chapter) for such unit only for the control period of each year.

(f) Except as provided in § 75.34, paragraph (g) of this section, and § 75.74(c)(7), the owner or operator shall provide substitute data from monitoring systems required under § 75.71 for each affected unit as follows:

(1) For an owner or operator using a continuous emissions monitoring system, substitute for missing data in accordance with the applicable missing data procedures in §§ 75.31 through 75.37 whenever the unit combusts fuel and:

(i) A valid, quality-assured hour of NOX emission rate data (in lb/mmBtu) has not been measured and recorded for a unit by a certified NOX-diluent continuous emission monitoring system or by an approved monitoring system under subpart E of this part;

(ii) A valid, quality-assured hour of flow data (in scfh) has not been measured and recorded for a unit from a certified flow monitor or by an approved alternative monitoring system under subpart E of this part;

(iii) A valid, quality-assured hour of heat input rate data (in mmBtu/hr) has not been measured and recorded for a unit from a certified flow monitor and a certified diluent (CO2 or O2) monitor or by an approved alternative monitoring system under subpart E of this part, where heat input is required either for calculating NOX mass or allocating allowances under the applicable State or federal NOX mass emission reduction program that adopts the requirements of this subpart;

(iv) A valid, quality-assured hour of NOX concentration data (in ppm) has not been measured and recorded by a certified NOX concentration monitoring system, or by an approved alternative monitoring method under subpart E of this part, where the owner or operator chooses to use a NOX concentration monitoring system with a flow monitor, to calculate NOX mass emissions. The initial missing data procedures for determining monitor data availability and the standard missing data procedures for a NOX concentration monitoring system shall be the same as the procedures specified for a NOX-diluent continuous emission monitoring system under §§ 75.31, 75.32, and 75.33; or

(v) A valid, quality-assured hour of moisture data (in percent H2O) has not been measured or recorded for an affected unit, either by a certified moisture monitoring system or an approved alternative monitoring method under subpart E of this part. This requirement does not apply when a default percent moisture value, as provided in § 75.11(b) or § 75.12(b), is used to account for the hourly moisture content of the stack gas.

(2) For an owner or operator using an excepted monitoring system under appendix D or E of this part, substitute for missing data in accordance with the missing data procedures in section 2.4 of appendix D to this part or in section 2.5 of appendix E to this part whenever the unit combusts fuel and:

(i) A valid, quality-assured hour of fuel flow rate data has not been measured and recorded by a certified fuel flowmeter that is part of an excepted monitoring system under appendix D or E of this part; or

(ii) A fuel sample value for gross calorific value, or if necessary, density or specific gravity, from a sample taken an analyzed in accordance with appendix D of this part is not available; or

(iii) A valid, quality-assured hour of NOX emission rate data has not been obtained according to the procedures and specifications of appendix E to this part.

(4) NIST/EPA-approved certified reference materials;

(I) Notwithstanding the requirements in paragraph (c)(1)(iv)(A) of this section, the appendix E testing to determine (or re-determine) the fuel-specific, unit-specific NOX emission rate for a unit (or for each unit in a group of identical units) may be performed at fewer than four loads, under the following circumstances:

(1) Testing may be done at one load level if the data analysis described in paragraph (c)(1)(iv)(J) of this section is performed and the results show that the unit has operated (or all units in the group of identical units have operated) at a single load level for at least 85.0 percent of all operating hours in the previous three years (12 calendar quarters) prior to the calendar quarter of the appendix E testing. For combustion turbines that are operated to produce approximately constant output (in MW) but which use internal operating and exhaust temperatures and not the actual output in MW to control the operation of the turbine, the internal operating temperature set point may be used as a surrogate for load in demonstrating that the unit qualifies for single-load testing. If the data analysis shows that the unit does not qualify for single-load testing, testing may be done at two (or three) load levels if the unit has operated (or if all units in the group of identical units have operated) cumulatively at two (or three) load levels for at least 85.0 percent of all operating hours in the previous three years; or

(2) If a multiple-load appendix E test was initially performed for a unit (or group of identical units) to determine the fuel-and-unit specific NOX emission rate, then the periodic retests required under paragraph (c)(1)(iv)(D) of this section may be single-load tests, performed at the load level for which the highest average NOX emission rate was obtained in the initial test.

(3) The initial appendix E testing may be performed at a single load, between 75 and 100 percent of the maximum sustainable load defined in the monitoring plan for the unit, if the average annual capacity factor of the LME unit, when calculated according to the definition of “capacity factor” in § 72.2 of this chapter, is 2.5 percent or less for the three calendar years immediately preceding the year of the testing, and that the annual capacity factor does not exceed 4.0 percent in any of those three years. Similarly, for a LME unit that reports emissions data on an ozone season-only basis, the initial appendix E testing may be performed at a single load between 75 and 100 percent of the maximum sustainable load if the 2.5 and 4.0 percent capacity factor requirements are met for the three ozone seasons immediately preceding the date of the emission testing (see § 75.74(c)(11)). For a group of identical LME units, any unit(s) in the group that meet the 2.5 and 4.0 percent capacity factor requirements may perform the initial appendix E testing at a single load between 75 and 100 percent of the maximum sustainable load.

(4) The retest of any LME unit may be performed at a single load between 75 and 100 percent of the maximum sustainable load if, for the three calendar years immediately preceding the year of the retest (or, if applicable, the three ozone seasons immediately preceding the date of the retest), the applicable capacity factor requirements described in paragraph (c)(1)(iv)(I)(3) of this section are met.

(5) Alternatively, for combustion turbines, the single-load testing described in paragraphs (c)(1)(iv)(I)(3) and (c)(1)(iv)(I)(4) of this section may be performed at the highest attainable load level corresponding to the season of the year in which the testing is conducted.

(6) In all cases where the alternative single-load testing option described in paragraphs (c)(1)(iv)(I)(3) through (c)(1)(iv)(I)(5) of this section is used, the owner or operator shall keep records documenting that the required capacity factor requirements were met.

(ii) Submit quarterly reports only for the periods from the earlier of May 1 or the date and hour that the owner or operator successfully completes all of the recertification tests required under § 75.74(d)(3) through September 30 of each year in accordance with the provisions of § 75.74(b) of this chapter. The NOX authorized account representative shall submit a quarterly report for each calendar quarter, beginning with:

(A) For units that elect to comply with the early reduction credit provisions under § 96.55, the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii). Data shall be reported from the date and hour corresponding to the date and hour of provisional certification; or

(B) For units commencing operation prior to May 1, 2002 that are not required to certify monitors by May 1, 2000 under § 96.70(b)(1), the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii), or if the certification tests are not completed by May 1, 2002, the partial CALENDER quarter from May 1, 2002 through June 30, 2002. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1, 2002; or

(C) For units that commence operation after May 1, 2002 during the control period, the CALENDER quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation; or

(D) For units that commence operation after May 1, 2002 and before May 1 of the year in which the unit commences operation, the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1 of the year in which the unit commences operation, May 1 of the year in which the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.

(E) For units that commence operation after May 1, 2002 and after September 30 of the year in which the unit commences operation, the earlier of the CALENDER quarter that includes the date of initial provisional certification under § 96.71(b)(3)(iii) or, if the certification tests are not completed by May 1 of the year after the unit commences operation, May 1 of the year after the unit commences operation. Data shall be reported from the earlier of the date and hour corresponding to the date and hour of provisional certification or the first hour of May 1 of the year after the unit commences operation.