N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-8.2

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

Section 242-8.2 - Initial certification and recertification procedures

(a) 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 section 242-8.1(a)(1) of this Subpart if the following conditions are met:

(1) the monitoring system has been previously certified in accordance with 40 CFR part 75 (see table 1, section 200.9 of this Title); and

(2) the applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and appendix B and appendix D of 40 CFR part 75 (see table 1, section 200.9 of this Title) are fully met for the certified monitoring system described in paragraph (1) of this subdivision.

(b) The recertification provisions of this section shall apply to a monitoring system under section 242-8.1(a)(1) of this Subpart exempt from initial certification requirements under subdivision (a) of this section.

(c) Notwithstanding subdivision (a) of this section, if the administrator has previously approved a petition under 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 apportioning the CO₂ emissions rate measured in a common stack or a petition under 40 CFR 75.66 (see table 1, section 200.9 of this Title) of this chapter for an alternative requirement in 40 CFR part 75 (see table 1, section 200.9 of this Title), the CO₂ authorized account representative shall submit the petition to the department under section 242-8.6(a) of this Subpart to determine whether the approval applies under this program.

(d) Except as provided in subdivision (a) of this section, 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 appendix D of 40 CFR part 75 (see table 1, section 200.9 of this Title) and under section 242-8.1(a)(1) of this Subpart. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 (see table 1, section 200.9 of this Title) or that qualifies to use an alternative monitoring system under subpart E of 40 CFR part 75 (see table 1, section 200.9 of this Title) shall comply with the procedures in subdivision (e) or (f) of this section, respectively.

(1) Requirements for initial certification. The owner or operator shall ensure that each continuous emissions monitoring system required under section 242-8.1(a)(1) of this Subpart (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 (see table 1, section 200.9 of this Title) by the applicable deadlines specified in section 242-8.1(b) of this Subpart. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements of this Subpart in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 (see table 1, section 200.9 of this Title) is required.

(2) Requirements for recertification.

(i) Whenever the owner or operator makes a replacement, modification, or change in a certified continuous emissions monitoring system under section 242-8.1(a)(1) of this Subpart 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 (see table 1, section 200.9 of this Title), the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b) (see table 1, section 200.9 of this Title).

(ii) For systems using stack measurements such as stack flow, stack moisture content, CO₂ or O₂ monitors, whenever the 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) (see table 1, section 200.9 of this Title). 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.

(3) Approval process for initial certifications and recertification. Subparagraphs (3)(i) through (iv) of this subdivision apply to both initial certification and recertification of a monitoring system under section 242-8.1(a)(1) of this Subpart. For recertifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and proceed in the manner prescribed in 40 CFR 75.20(b)(5) and (g)(7) (see table 1, section 200.9 of this Title) in lieu of this section.

(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 section 242-8.4 of this Subpart.

(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 (see table 1, section 200.9 of this Title).

(iii) Provisional certification data. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3) (see table 1, section 200.9 of this Title). A provisionally certified monitor may be used under the CO₂ Budget 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 subparagraph (ii) of this paragraph. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR part 75 (see table 1, section 200.9 of this Title), 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 subparagraph (ii) of this paragraph. 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 (see table 1, section 200.9 of this Title) and is included in the certification application will be deemed certified for use under the CO₂ Budget 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 (see table 1, section 200.9 of this Title), 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 clause (c) of this subparagraph. 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 (see table 1, section 200.9 of this Title), or if the certification application is incomplete and the requirement for disapproval under clause (b) of this subparagraph 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 subparagraph (v) of this paragraph for each monitoring system or component thereof, which 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 section 242-8.3(b) of this Subpart.

(v) Procedures for loss of certification. If the department issues a notice of disapproval of a certification application under clause (iv)(c) of this paragraph or a notice of disapproval of certification status under clause (iv)(d) of this paragraph, 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) (see table 1, section 200.9 of this Title):

(1) 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 (see table 1, section 200.9 of this Title), the maximum potential hourly heat input of the unit; or

(2) 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 (see table 1, section 200.9 of this Title);

(b) the CO₂ authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with subparagraphs (i) and (ii) of this paragraph; 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.

(e)Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under section 242-8.1(c)(2) of this Subpart. The owner or operator of a unit qualified to use the low mass emissions accepted methodology under section 242-8.1(c)(2) of this Subpart shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h) (see table 1, section 200.9 of this Title) and section 242-8.2 of this Subpart. 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) (see table 1, section 200.9 of this Title).

(f)Certification/recertification procedures for alternative monitoring systems.

The CO₂ authorized account representative 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 (see table 1, section 200.9 of this Title) shall comply with the applicable notification and application procedures of 40 CFR 75.20(f) (see table 1, section 200.9 of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-8.2

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