26.09.02.10

.10 Monitoring Requirements.

A. General Requirements and Prohibitions.

(1) The owner or operator of a CO2 budget unit shall:

(a) Install monitoring systems to monitor CO2 concentration, stack gas flow rate, oxygen concentration, heat input, and fuel flow rate;

(b) Install all monitoring systems in accordance with 40 CFR Part 75, except for equation G-1 in Appendix G;

(c) Record, report, and verify the data from the monitoring systems; and

(d) Install and certify the monitoring system on or before the following dates:

(i) For a CO2 budget unit that commences commercial operation before July 1, 2008, the owner or operator shall comply on or before January 1, 2009; and

(ii) For a CO2 budget unit that commences commercial operation or constructs a new stack or flue on or after July 1, 2008, the owner or operator shall comply by January 1, 2009, or 90 operating days after the date on which the unit commences commercial operation.

(2) The owner or operator of a CO2 budget unit that does not meet the applicable compliance date shall, in accordance with the provisions in 40 CFR §75.31(b)(2) or (c)(3), or §2.4 of Appendix D, determine, record, and report maximum potential or, as appropriate, minimum potential for the following:

(a) CO2 concentration;

(b) CO2 emissions rate;

(c) Stack gas moisture content;

(d) Fuel flow rate; and

(e) Any other parameter required to determine CO2 mass emissions.

(3) The owner or operator of a CO2 budget unit that does not meet the applicable compliance date for any monitoring system shall determine, record, and report substitute data using the applicable missing data procedures in 40 CFR Part 75 Subpart D, or Appendix D, instead of the maximum potential values or, as appropriate, minimum potential values for a parameter, if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation.

(4) An owner or operator of a CO2 budget unit or a non-CO2 budget unit monitored under 40 CFR §75.72(b)(2)(ii) may not:

(a) Use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emissions monitoring system without having obtained prior written approval from the Department;

(b) Operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all emissions in accordance with the applicable provisions of this chapter and 40 CFR Part 75;

(c) Disrupt the operation of the CEMS, any portion of the CEMS, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO2 mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed; or

(d) Permanently discontinue use of the approved CEMS unless the owner or operator monitors emissions with a system approved in accordance with this chapter and 40 CFR Part 75.

B. Initial Certification and Recertification Procedures.

(1) For purposes of this subtitle only, the owner or operator of a CO2 budget unit is exempt from demonstrating compliance with the initial certification requirements of 40 CFR §75.20 for a monitoring system if the following conditions are met:

(a) The monitoring system has been previously certified in accordance with 40 CFR §75.20; and

(b) The applicable quality assurance and quality-control requirements of 40 CFR §75.21 and Appendix B and Appendix D of 40 CFR Part 75 are fully met for the certified monitoring system.

(2) The recertification provisions of this regulation apply to a monitoring system exempt from the initial certification requirements of this regulation.

(3) If the Department has previously approved a petition under 40 CFR §75.72(b)(2)(ii) or 40 CFR §75.16(b)(2)(ii)(B) pursuant to 40 CFR §75.13 for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR §75.66 for an alternative requirement in 40 CFR Part 75, the CO2 authorized account representative shall resubmit the petition to the Department to determine whether the approval applies under this chapter.

(4) The owner or operator of a CO2 budget unit shall comply with the initial certification and recertification procedures for a CEMS and an excepted monitoring system under 40 CFR Part 75, Appendix D.

(5) The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR §75.19 or that qualifies to use an alternative monitoring system under 40 CFR Part 75, Subpart E, shall comply with this regulation.

C. Requirements for Recertification.

(1) When the owner or operator replaces, modifies, or changes a CEMS that the Department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or to meet the quality assurance and quality control requirements of 40 CFR §75.21 or Appendix B, the owner or operator shall recertify the monitoring system according to 40 CFR §75.20(b).

(2) When the owner or operator replaces, modifies, or changes the flue gas handling system or the unit's operation in a manner that the Department determines has significantly changed the flow or concentration profile, the owner or operator shall recertify the CEMS according to 40 CFR §75.20(b).

(3) Approval Process for Initial Certifications and Recertification. The procedures in 40 CFR §75.20(b)(5) and (g)(7) apply for recertifications. The CO2 authorized account representative shall submit to the Department:

(a) A written notice of the dates of certification; and

(b) A recertification application for each monitoring system, including the information specified in 40 CFR §75.63.

(4) Provisional Certification Data.

(a) The provisional certification data for a monitor shall be determined in accordance with 40 CFR §75.20(a)(3).

(b) A provisionally certified monitor may be used for a period not to exceed 120 days after receipt of the complete certification application for the monitoring system or component.

(c) Data measured and recorded by the provisionally certified monitoring system or component is considered valid quality assured data, retroactive to the date and time of provisional certification, if the Department does not issue a notice of disapproval within 120 days of receipt of the complete certification application.

D. Certification Application Approval Process.

(1) The Department shall issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application.

(2) If the Department does not issue the notice within the 120-day period, each monitoring system that meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application shall be deemed certified for use.

(3) If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR Part 75, the Department shall issue a written notice of approval of the certification application within 120 days of receipt.

(4) If the certification application is not complete, the Department shall issue a written notice of incompleteness that sets a reasonable date by which the CO2 authorized account representative is to submit the additional information required to complete the certification application.

(5) If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, the Department may issue a notice of disapproval.

(6) If the Department issues a notice of disapproval of a certification application or a notice of disapproval of certification status, the owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR §75.20(a)(5)(i) or 75.20(g)(7):

(a) For units using or intending to monitor for CO2 mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 CFR §75.19, the maximum potential hourly heat input of the unit; or

(b) For units intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under 40 CFR Part 75, Appendix A, §2.1.

(7) The CO2 authorized account representative shall submit a notification of certification retest dates and a new certification application. The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Department's notice of disapproval, not later than 30 operating days after the date of issuance of the notice of disapproval.

E. Initial Certification and Recertification Procedures for Low Mass Emissions Units Using the Excepted Methodologies under 40 CFR §75.19.

(1) The owner or operator of a unit qualified to use the low mass emissions excepted methodology under 40 CFR §75.19 shall meet the applicable certification and recertification requirements of 40 CFR §§75.19(a)(2) and 75.20(h).

(2) If the owner or operator of this unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR §75.20(g).

F. Certification and Recertification Procedures for Alternative Monitoring Systems. For each unit for which the owner or operator intends to use an alternative monitoring system approved by the Department, 40 CFR Part 75, Subpart E, shall be used to comply with the applicable notification and application procedures of 40 CFR §75.20(f).

G. Out-of-Control Periods and Decertification Audit.

(1) When any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR Part 75, data shall be substituted using the applicable procedures in 40 CFR Part 75, Subpart D, Appendix D.

(2) Audit Decertification.

(a) Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or the applicable provisions of 40 CFR Part 75, both at the time of the initial certification or recertification application submission and at the time of the audit, the Department shall issue a notice of disapproval of the certification status of the monitoring system.

(b) By issuing the notice of disapproval, the certification status of the monitoring system is prospectively revoked.

(3) The data measured and recorded by the monitoring system may not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status.