N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-8.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 242-8.1 - 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 Subpart and all applicable sections of 40 CFR part 75 (see Table 1, section 200.9 of this Title). Where referenced in the Subpart, the monitoring requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO₂ mass emissions pursuant to this Subpart. For purposes of complying with such requirements, the definitions in section 242-1.2 of this Part and in 40 CFR 72.2 (see Table 1, section 200.9 of this Title) shall apply, and the terms ''affected unit,'' ''designated representative,'' and ''continuous emissions monitoring system'' (or ''CEMS'') in 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be replaced by the terms ''CO₂ budget unit,'' ''CO₂ authorized account representative,'' and ''continuous emissions monitoring system'' (or ''CEMS''), respectively, as defined in section 242-1.2 of this Part. For units not subject to an acid rain emissions limitation, the term "Administrator' in 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be replaced with "the department or its agent." Owners or operators of a CO₂ budget unit who monitor a non-CO₂ budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 (see Table 1, section 200.9 of this Title), for purposes of complying with this Part, shall monitor and report CO₂ mass emissions from such non-CO₂ budget unit according to the procedures for CO₂ budget units established in sections 242-8.1 through 242-8.7 of this Subpart.

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

(1) Install all monitoring systems necessary to monitor CO₂ mass emissions in accordance with 40 CFR part 75 (see Table 1, section 200.9 of this Title), except for equation G1. Equation G1 in Appendix G shall not be used to determine CO₂ emissions under this Part. This may require systems to monitor CO₂ concentration, stack gas flow rate, O₂ concentration, heat input, and fuel flow rate.

(2) Successfully complete all certification tests required under section 242-8.2 of this Subpart and meet all other requirements of this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title) applicable to the monitoring systems under paragraph (1) of this subdivision.

(3) Record, report and quality-assure the data from the monitoring systems under paragraph (1) of this subdivision.

(b) 'Compliance dates' The owner or operator shall meet the monitoring system certification and other requirements of paragraphs (a)(1) through (3) of this section on or before the following dates. The owner or operator shall record, report and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section on and after the following dates.

(1) The owner or operator of a CO₂ budget unit, except for a CO₂ budget unit under paragraph (3) of this subdivision, that commenced commercial operation before July 1, 2008, must comply with the requirements of this Subpart by January 1, 2009.

(2) The owner or operator of a CO budget unit subject to the applicability provisions in paragraph 242-1.4(a)(2) of this Part, except for a CO budget unit under paragraph (3) of this subdivision, that commenced commercial operation before July 1, 2019, must comply with the requirements of this Subpart by January 1, 2021.

(3) The owner or operator of a CO₂ budget unit that commences commercial operation on or after July 1, 2019 must comply with the requirements of this Subpart by the later of the following dates:

(i) January 1, 2020; 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.

(4) 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 paragraph (1) or (2) of this subdivision 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.

(c) 'Reporting data'.

(1) Except as provided in paragraph (2) of this subdivision, the owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in paragraphs (b)(1), (2) and (3) of this section for any monitoring system under paragraph (a)(1) of this section 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, heat input and any other parameter required to determine CO₂ mass emissions in accordance with 40 CFR 75.31(b)(2) or (c)(3), or section 2.4 of Appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title) as applicable.

(2) The owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in paragraph (b)(3) of this section for any monitoring system under paragraph (a)(1) of this section shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in Subpart D or appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title), 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 paragraph (b)(3) of this section.

(3) Low Mass Emissions Methodologies (LME).

(i) CO₂ budget units subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title that qualify for the optional SO₂, NO_x, and CO₂ (for acid rain) or NO_x (for Parts 243, 244 and 245 of this Title) emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) and report emissions for such programs using the calculations under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), shall also use the CO₂ emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) for purposes of compliance with this Subpart.

(ii) CO₂ budget units subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title that do not qualify for the optional SO₂, NO_x, and CO₂ (for acid rain) or NO_x (for Parts 243, 244 and 245 of this Title) emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), shall not use the CO₂ emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) for purposes of compliance with this Subpart.

(iii) CO₂ budget units not subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title shall qualify for the optional CO₂ emissions calculation for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), provided that they emit less than 100 tons of NO_x annually and no more than 25 tons of SO₂ annually.

(d) 'Prohibitions'.

(1) No owner or operator of a CO₂ budget unit 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 section 242-8.6 of this Subpart.

(2) No owner or operator of a CO₂ budget unit 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 Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title).

(3) No owner or operator of a CO₂ budget unit 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 Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title).

(4) No owner or operator of a CO₂ budget unit shall retire or permanently discontinue use of the continuous emissions monitoring system, any component thereof, or any other approved emissions monitoring system under this Subpart, 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 Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title), 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 subparagraph 242-8.2(d)(3)(i) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-8.1

Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/31/2020