06-096-156 Me. Code R. § 4

Current through 2024-44, October 30, 2024

Section 096-156-4 - Monitoring, Recordkeeping, and Reporting Requirements

A.General requirements. The owners and operators, and to the extent applicable, the CO₂ authorized account representative of a CO₂ budget unit, shall comply with the monitoring, recordkeeping and reporting requirements as provided in this Chapter and all applicable sections of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in subsection 1(B) of this Chapter and in 40 CFR 72.2 shall apply, and the terms "affected unit," "designated representative," and "continuous emissions monitoring system" (or "CEMS") in 40 CFR Part 75 shall be replaced by the terms "CO₂ budget unit," "CO₂ authorized account representative," and "continuous emissions monitoring system" (or "CEMS"), respectively, as defined in subsection 1(B) of this Chapter.

(1) Requirements for installation, certification, and data accounting. The owner or operator of each CO₂ budget unit must meet the following requirements:

(a) Install all monitoring systems required under this section for monitoring CO₂ mass emissions. This includes all systems required to monitor CO₂ concentration, stack gas flow rate, oxygen concentration, heat input, and fuel flow rate, as applicable, in accordance with 40 CFR 75.13, 75.71 and 75.72 and all portions of appendix G of 40 CFR Part 75.

(b) Successfully complete all certification tests required under subsection 4(B) of this Chapter and meet all other requirements of this section and 40 CFR Part 75 applicable to the monitoring systems under subsection 4(A)(1)(a) of this Chapter.

(c) Record, report and quality-assure the data from the monitoring systems under subsection 4(A)(1)(a) of this Chapter.

(2) Compliance dates. The owner or operator shall meet the monitoring system certification and other requirements of subsection (4)(A)(1)(a) through 4(A)(1)(c) of this Chapter on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under subsection 4(A)(1)(a) of this Chapter on and after the following dates:

(a) The owner or operator of a CO₂ budget unit that commences commercial operation before July 1, 2008 must comply with the requirements of this section by the effective date of this regulation based on the criteria listed in subsection 1(A)(2) of this Chapter.

(b) The owner or operator of a CO₂ budget unit that commences commercial operation on or after July 1, 2008 must comply with the requirements of this section by the later of the following dates:

(i) The effective date of this regulation based on the criteria listed in subsection 1(A)(2) of this Chapter; or

(ii) The earlier of:

(A) 90 unit operating days after the date on which the unit commences commercial operation, or

(B) 180 calendar days after the date on which the unit commences commercial operation.

(c) For the owner or operator of a CO₂ budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under subsection 4(A)(2)(a) or 4(A)(2)(b) of this Chapter by the earlier of:

(i) 90 unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue; or

(ii) 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

(3) Reporting data.

(a) Except as provided in subsection 4(A)(3)(b) of this Chapter, the owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in subsection 4(A)(2)(a), 4(A)(2)(b), and 4(A)(2)(c) of this Chapter for any monitoring system under subsection 4(A)(1)(a) of this Chapter shall, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for CO₂ concentration, CO₂ emissions rate, stack gas moisture content, fuel flow rate and any other parameter required to determine CO₂ mass emissions and heat input in accordance with 40 CFR 75.31(b)(2) or (c)(3), section 2.4 of appendix D of 40 CFR Part 75 or section 2.5 of appendix G of 40 CFR Part 75 as applicable.

(b) The owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in subsection 4(A)(2)(c) of this Chapter for any monitoring system under subsection 4(A)(1)(a) of this Chapter shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in Subpart D, or appendix D or appendix E of 40 CFR Part 75, in lieu of the maximum potential (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 under subsection 4(A)(2)(c) of this Chapter.

(4) Prohibitions.

(a) No owner or operator of a CO₂ budget unit or a non-CO₂ budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall 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 in accordance with subsection 4(F) of this Chapter.

(b) No owner or operator of a CO₂ budget unit or a non-CO₂ budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall operate the unit so as to discharge, or allow to be discharged, CO₂ emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this section and 40 CFR Part 75.

(c) No owner or operator of a CO₂ budget unit or a non-CO₂ budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall disrupt the continuous emissions monitoring system, any portion thereof, 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 in accordance with the applicable provisions of this section and 40 CFR Part 75.

(d) No owner or operator of a CO₂ budget unit or a non-CO₂ budget unit monitored under 40 CFR 75.72(b)(2)(ii) shall retire or permanently discontinue use of the continuous emissions monitoring system, any component thereof, or any other approved emissions monitoring system under this section, except under any one of the following circumstances:

(i) The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this section and 40 CFR Part 75, by the Department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(ii) The CO₂ authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with subsection 4(B)(4)(c)(i) of this Chapter.

B.Initial certification and recertification requirements.

(1) The owner or operator of a CO₂ budget unit shall be exempt from the initial certification requirements of this section for a monitoring system under subsection 4(A)(1)(a) of this Chapter if the following conditions are met:

(a) The monitoring system has been previously certified in accordance with 40 CFR Part 75; and

(b) The applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and appendix B, appendix D and appendix E of 40 CFR Part 75 are fully met for the certified monitoring system described in subsection 4(B)(1)(a) of this Chapter.

(2) The recertification provisions of this section shall apply to a monitoring system under subsection 4(A)(1)(a) of this Chapter exempt from initial certification requirements under subsection 4(B)(1) of this Chapter.

(3) If the Administrator has previously approved a petition under 40 CFR 75.17(a) or (b) 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 75.12, 40 CFR 75.17 or Subpart H of 40 CFR Part 75, the CO₂ authorized account representative shall resubmit the petition to the Department under subsection 4(F)(1) of this Chapter to determine whether the approval applies under this program.

(4) Except as provided in subsection 4(B)(1) of this Chapter, the owner or operator of a CO₂ budget unit shall comply with the following initial certification and recertification procedures for a continuous emissions monitoring system and an excepted monitoring system under appendices D and E of 40 CFR Part 75 and under subsection 4(A)(1)(a) of this Chapter. The owner or operator of a CO₂ budget 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 Subpart E of 40 CFR Part 75 shall comply with the procedures in subsection 4(B)(5) or 4(B)(6) of this Chapter, respectively.

(a) Requirements for initial certification. An owner or operator shall ensure that each continuous emissions monitoring system required under subsection 4(A)(1)(a) of this Chapter (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadlines specified in subsection 4(A)(2) of this Chapter. In addition, whenever an owner or operator installs a monitoring system in order to meet the requirements of this section in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.

(b) Requirements for recertification. Whenever an owner or operator of a CO₂ budget unit makes a replacement, modification, or change in a certified continuous emissions monitoring system under subsection 4(A)(1)(a) of this Chapter that the Administrator or the Department determines significantly affects the ability of the system to accurately measure or record CO₂ mass emissions or heat input or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR Part 75, the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b). Furthermore, whenever an owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b). Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate monitor polynomial coefficients.

(c) Approval process for initial certifications and recertification. Subsections 4(B)(4)(c)(i) through (iv) of this Chapter apply to both initial certification and recertification of a monitoring system under subsection 4(A)(1)(a) of this Chapter. For recertifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and follow the procedures in 40 CFR 75.20(b)(5) and (g)(7) in lieu of the procedures in subsection 4(B)(4)(c)(v) of this Chapter.

(i) Notification of certification. The CO₂ authorized account representative shall submit to the Department or its agent, the appropriate EPA Regional Office and the Administrator a written notice of the dates of certification in accordance with subsection 4(D) of this Chapter.

(ii) Certification application. The CO₂ authorized account representative shall submit to the Department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.

(iii) Provisional certification data. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitor may be used under the CO₂Budget Trading Program for a period not to exceed 120 days after receipt by the Department of the complete certification application for the monitoring system or component thereof under subsection 4(B)(4)(c) (ii) of this Chapter. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR Part 75, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the Department.

(iv) Certification application approval process. The Department will 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 under subsection 4(B) (4)(c) (ii) of this Chapter. In the event the Department does not issue such a notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 CFR Part 75 and is included in the certification application will be deemed certified for use under the CO₂Budget Trading Program.

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

(B) Incomplete application notice. If the certification application is not complete, then the Department will issue a written notice of incompleteness that sets a reasonable date by which the CO₂ authorized account representative must submit the additional information required to complete the certification application. If the CO₂ authorized account representative does not comply with the notice of incompleteness by the specified date, then the Department may issue a notice of disapproval under subsection 4(B)(4)(c) (iv) of this Chapter. The 120 day review period shall not begin before receipt of a complete certification application.

(C) Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR Part 75, or if the certification application is incomplete and the requirement for disapproval under subsection 4(B)(4)(c) (iv) of this Chapter is met, then the Department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subsection 4(B)(4)(c)(v) of this Chapter for each monitoring system or component there of that is disapproved for initial certification.

(D) Audit decertification. The Department may issue a notice of disapproval of the certification status of a monitor in accordance with subsection 4(C)(2) of this Chapter.

(v) Procedures for loss of certification. If the Department issues a notice of disapproval of a certification application under subsection 4(B)(4)(c) (iv)(C) or a notice of disapproval of certification status under subsection 4(B)(4)(c) (iv)(D) of this Chapter, then:

(A) 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 40 CFR 75.20(g)(7):

(I) 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

(II) 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 section 2.1 of appendix A of 40 CFR Part 75.

(B) The CO₂ authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subsections 4(B)(4)(c)(i) and (ii) of this Chapter; and

(C) 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, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(5) Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under 40 CFR 75.19. The owner or operator of a CO₂ budget 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, 40 CFR 75.20(h), and subsection 4(B) of this Chapter. If the owner or operator of such a 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).

(6) Certification/recertification procedures for alternative monitoring systems. The CO₂ authorized account of each unit for which the owner or operator intends to use an alternative monitoring system approved by the Administrator and, if applicable, the Department under Subpart E of 40 CFR Part 75 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

C.Out-of-control periods.

(1) Whenever 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 Subpart D or appendix D of 40 CFR Part 75.

(2) Audit decertification. 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 other requirement under subsection 4(B) of this Chapter 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 or Administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this paragraph, an audit shall be either a field audit or an audit of any information submitted to the Department or the Administrator. By issuing the notice of disapproval, the Department or Administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring 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 for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures in subsection 4(B) of this Chapter for each disapproved monitoring system.

D.Notifications. The CO₂ authorized account representative for a CO₂ budget unit shall submit written notice to the Department and the Administrator in accordance with 40 CFR 75.61.

E.Recordkeeping and reporting .

(1) General provisions. The CO₂ authorized account representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under 40 CFR 75.73, and the requirements of subsection 6(A)(5) of this Chapter.

(a) Unless otherwise provided, the owners and operators of the CO₂ budget source and each CO₂ budget unit at the source shall keep on site at the source each of the following documents for a period of 10 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 10 years, in writing by the Department.

(i) The account certificate of representation for the CO₂ authorized account representative for the source and each CO₂ budget unit at the source and all documents that demonstrate the truth of the statements in the account certificate of representation, in accordance with subsection 6(D) of this Chapter; provided that the certificate and documents shall be retained on site at the source beyond such 10-year period until such documents are superseded because of the submission of a new account certificate of representation.

(ii) All emissions monitoring information, in accordance with section 4 of this Chapter.

(iii) Copies of all reports, compliance certifications, and other submissions and all records made or required under the CO₂ Budget Trading Program.

(iv) Copies of all documents used to complete a CO₂ budget license application, any other submission under the CO₂ Budget Trading Program, and all documents used to demonstrate compliance with the requirements of the CO₂ Budget Trading Program.

(b) The CO₂ authorized account representative of a CO₂ budget source and each CO₂ budget unit at the source shall submit the reports and compliance certifications required under the CO₂ Budget Trading Program, including those under section 5 of this Chapter.

(2) Monitoring plans. The owner or operator of a CO₂ budget unit shall comply with requirements of 40 CFR 75.62.

(3) Certification applications. The CO₂ authorized account representative shall submit an application to the Department within 45 days after completing all initial certification or recertification tests required under subsection 4(B) of this Chapter including the information required under CFR 75.63 and 40 CFR 75.73(c) and (e).

(4) Quarterly reports. The CO₂ authorized account representative shall submit quarterly reports, as follows:

(a) The CO₂ authorized account representative shall report the CO₂ mass emissions data and heat input data for the CO₂ budget unit, in an electronic format prescribed by the Department for each calendar quarter beginning with:

(i) for a unit that commences commercial operation before July 1, 2008, the earlier of the calendar quarter covering January 1, 2009 through March 31, 2009 or the first full calendar quarter following the effective date of this regulation based on the criteria listed in subsection 1(A)(2) of this Chapter; or

(ii) for a unit commencing commercial operation on or after July 1, 2008, the calendar quarter corresponding to, the earlier of the date of provisional certification or the applicable deadline for initial certification under subsection 4(A)(2) of this Chapter or, unless that quarter is the third or fourth quarter of 2008, in which case reporting shall commence in the quarter covering January 1, 2009 through March 31, 2009 or the first full calendar quarter following the effective date of this regulation based on the criteria listed in subsection 1(A)(2) of this Chapter.

(b) The CO₂ authorized account representative shall submit each quarterly report to the Department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in Subpart H of 40 CFR Part 75 and 40 CFR 75.64. Quarterly reports shall include all of the data and information required in Subpart H of 40 CFR Part 75 for each CO₂ budget unit (or group of units using a common stack) as well as information required in Subpart G of 40 CFR Part 75, except for opacity and SO₂ provisions.

(c) Compliance certification. The CO₂ authorized account representative shall submit to the Department or its agent a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state that:

(i) the monitoring data submitted were recorded in accordance with the applicable requirements of this section and 40 CFR Part 75, including the quality assurance procedures and specifications;

(ii) for a unit with add-on CO₂ emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emissions controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B of 40 CFR Part 75 and the substitute values do not systematically underestimate CO₂ emissions; and

(iii) the CO₂ concentration values substituted for missing data under Subpart D of 40 CFR Part 75 do not systematically underestimate CO₂ emissions.

F.Petitions.

(1) Except as provided in subsection 4(F)(3) of this Chapter, the CO₂ authorized account representative of a CO₂ budget unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the Administrator requesting approval to apply an alternative to any requirement of this Chapter. Application of an alternative to any requirement of this Chapter is in accordance with this Chapter only to the extent that the petition is approved in writing by both the Department and the Administrator.

(2) The CO₂ authorized account representative of a CO₂ budget unit that is not subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the Administrator requesting approval to apply an alternative to any requirement of this Chapter. Application of an alternative to any requirement of this Chapter is in accordance with this Chapter only to the extent that the petition is approved in writing by both the Department and the Administrator.

(3) The CO₂ authorized account representative of a CO₂ budget unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the Administrator requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 or a CO₂ concentration CEMS used under 40 CFR 75.71(a)(2). Application of an alternative to any requirement of this Chapter is in accordance with this Chapter only to the extent the petition is approved in writing by both the Department and the Administrator.

G.CO₂ budget units that co-fire eligible biomass. [Reserved]

H.Additional requirements to provide output data.

(1) In a state that requires the use of information submitted to the Regional Transmission Organization (RTO) to document megawatt-hours (MWh), the CO₂ budget unit shall submit to the Department or its agent the same MWh value submitted to the RTO and a statement certifying that the MWh of electrical output reported reflects the total actual electrical output for all CO₂ budget units at the facility used by the RTO to determine settlement resources of energy market participants.

(2) A CO₂ budget unit in a state that requires gross output to be used, that also reports gross output in MWh to the Administrator, shall use the same electronic data report (EDR) gross output (in MWh), as submitted to the Administrator, for each hour, added for all hours in a year. A CO₂ budget unit that does not report gross output in MWh to the Administrator shall submit to the Department or its agent information in accordance with subsection 4(H)(5)(a) of this Chapter.

(3) A CO₂ budget unit in a state that requires net electrical output shall submit to the Department or its agent information in accordance with subsection 4(H)(5)(a) of this Chapter. A CO₂ budget source whose electrical output is not used in RTO energy market settlement determinations shall propose to the Department a method for quantification of net electrical output.

(4) CO₂ budget sources selling steam should use billing meters to determine net steam output. A CO₂ budget source whose steam output is not measured by billing meters or whose steam output is combined with output from a non-CO₂ budget unit prior to measurement by the billing meter shall propose to the Department an alternative method for quantification of net steam output. If data for steam output is not available, the CO₂ budget source may report heat input providing useful steam output as a surrogate for steam output.

(5) Monitoring. The owner or operator of each CO₂ budget unit in a state that requires the CO₂ budget unit's net output must meet the following requirements. Each CO₂ budget source must provide a description of the net output monitoring approach in an output monitoring plan. The output monitoring plan application must include a description and diagram as stated below.

(a) Submit a diagram of the electrical and/or steam system for which output is being monitored, specifically including the following:

(i) If the CO₂ budget unit monitors net electric output, the diagram should contain all CO₂ budget units and all generators served by each CO₂ budget unit and the relationship between CO₂ budget units and generators. If a generator served by a CO₂ budget unit is also served by a non-affected unit, the non-affected unit and its relationship to each generator should be indicated on the diagram as well. The diagram should indicate where the net electric output is measured and should include all electrical inputs and outputs to and from the plant. If net electric output is determined using a billing meter, the diagram should show each billing meter used to determine net sales of electricity and should show that all electricity measured at the point of sale is generated by the CO₂ budget units.

(ii) If the CO₂ budget unit monitors net thermal output, the diagram should include all steam or hot water coming into the net steam system, including steam from CO₂ budget units and non-affected units, and all exit points of steam or hot water from the net steam system. In addition, each input and output stream should have an estimated temperature, pressure and phase indicator, and an enthalpy in Btu/lb. The diagram of the net steam system should identify all useful loads, house loads, parasitic loads, any other steam loads, and all boiler feed water returns. The diagram should represent all energy losses in the system as either usable or unusable losses. The diagram should also indicate all flow meters, temperature or pressure sensors or other equipment used to calculate gross thermal output. If a sales agreement is used to determine net thermal output, the diagram should show the monitoring equipment used to determine the sales of steam.

(b) Submit a description of each output monitoring system. The description of the output monitoring system should include a written description of the output system and the equations used to calculate output. For net thermal output systems, descriptions and justifications of each useful load should be included.

(c) Submit a detailed description of all quality assurance/quality control activities that will be performed to maintain the output system in accordance with subsection 4(H)(7) of this Chapter.

(d) Submit documentation supporting any output value(s) to be used as a missing data value(s) should there be periods of invalid output data. The missing data output value must be either zero or an output value that is likely to be lower than a measured value and that is approved as part of the monitoring plan required under this subsection.

(6) Initial Certification. A certification statement must be submitted by the CO₂ authorized account representative stating either that the output monitoring system consists entirely of billing meters or that the output monitoring system meets one of the accuracy requirements for non-billing meters listed in subsection 4(H)(6)(b) of this Chapter. This statement may be submitted with the certification application required under subsection 4(E)(3) of this Chapter.

(a) Billing Meters. The billing meter must record the electric or thermal output. Any electric or thermal output values that the facility reports must be the same as the values used in billing for the output. Any output measurement equipment used as a billing meter in commercial transactions requires no additional certification or testing.

(b) Non-Billing Meters. For non-billing meters, the output monitoring system must either meet an accuracy of within 10% of the reference value or each component monitor for the output system must meet an accuracy of within 3% of the full scale value, whichever is less stringent.

(i) System approach to accuracy. The system approach to accuracy must include a determination of how the system accuracy of 10% is achieved using the individual components in the system and should include data loggers and any watt meters used to calculate the final net electric output data and/or any flow meters for steam or condensate, temperature measurement devices, absolute pressure measurement devices, and differential pressure devices used for measuring thermal energy.

(ii) Component approach to accuracy. If testing a piece of output measurement equipment shows that the output readings are not accurate to within 3% or less of the full scale value, the equipment must be retested or replaced. Data remain invalid until the output measurement equipment passes an accuracy test or is replaced with another piece of equipment that passes the accuracy test.

(7) Ongoing QA/QC. Ongoing quality assurance/quality control activities must be performed in order to maintain the output system.

(a) Billing Meters. In the case where billing meters are used to determine output, no QA/QC activities beyond what are already performed are required.

(b) Non-Billing Meters. Certain types of equipment such as potential transformers, current transformers, nozzle and venturi type meters, and the primary element of an orifice plate, only require an initial certification of calibration and do not require periodic recalibration unless the equipment is physically changed. However, the pressure and temperature transmitters accompanying an orifice plate will require periodic retesting in accordance with manufacturers' recommendations. For other types of equipment, the meter accuracy must be recalibrated or re-certified at least once every two years (i.e., every eight calendar quarters), unless a consensus standard allows for less frequent calibrations or accuracy tests. For non-billing meters, the output monitoring system must either meet an accuracy of within 10% of the reference value, or each component monitor for the output system must meet an accuracy of within 3% of the full scale value, whichever is less stringent. If testing a piece of output measurement equipment shows that the output readings are not accurate to within 3% of the full scale value, then the equipment should be repaired or replaced to meet that requirement.

(c) Out-of-control periods. If testing a piece of output measurement equipment shows that the output readings are not accurate to the certification value, data remain invalid until the output measurement equipment passes an accuracy test or is replaced with another piece of equipment that passes the accuracy test. All invalid data must be replaced by either zero or an output value that is likely to be lower than a measured value and that is approved as part of the monitoring plan required under subsection 4(H)(5) of this Chapter.

(8) Recordkeeping and Reporting.

(a) General provisions. The CO₂ authorized account representative shall comply with all recordkeeping and reporting requirements in subsection 4(H) of this Chapter and with the requirements of subsection 6(A)(5) of this Chapter.

(b) Recordkeeping. Facilities shall retain data used to monitor, determine, or calculate net generation for ten years.

(c) Annual reports. The CO₂ authorized account representative shall submit annual net output reports as follows. The data must be sent both electronically and in hardcopy by March 1 of each year for the immediately preceding control period or interim control period to the Department or its agent. The annual report shall include unit level MWh, all useful steam output, and a certification statement from the CO₂ authorized account representative stating the following: "I am authorized to make this submission on behalf of the owners and operators of the CO₂ budget sources or CO₂ budget units for which the submission is made. I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."

06-096 C.M.R. ch. 156, § 4