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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>16</VOL>
    <DATE>2007-07-01</DATE>
    <ORIGINALDATE>2007-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Compliance dates.</TITLE>
    <GRANULENUM>75.4</GRANULENUM>
    <HEADING>Section 75.4</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="2">AIR PROGRAMS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 75" SEQ="1">CONTINUOUS EMISSION MONITORING</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">General</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 75.4</SECTNO>
    <SUBJECT>Compliance dates.</SUBJECT>

    <P>(a) The provisions of this part apply to each existing Phase I and Phase II unit on February 10, 1993. For substitution or compensating units that are so designated under the Acid Rain permit which governs that unit and contains the approved substitution or reduced utilization plan, pursuant to § 72.41 or § 72.43 of this chapter, the provisions of this part become applicable upon the issuance date of the Acid Rain permit. For combustion sources seeking to enter the Opt-in Program in accordance with part 74 of this chapter, the provisions of this part become applicable upon the submission of an opt-in permit application in accordance with § 74.14 of this chapter. The provisions of this part for the monitoring, recording, and reporting of NO<E T="52">X</E> mass emissions become applicable on the deadlines specified in the applicable State or federal NO<E T="52">X</E> mass emission reduction program, to the extent these provisions are adopted as requirements under such a program. In accordance with § 75.20, the owner or operator of each existing affected unit shall ensure that all monitoring systems required by this part for monitoring SO<E T="52">2</E>, NO<E T="52">X</E>, CO<E T="52">2</E>, opacity, moisture and volumetric flow are installed and that all certification tests are completed no later than the following dates (except as provided in paragraphs (d) through (i) of this section):</P>
    <P>(1) For a unit listed in table 1 of § 73.10(a) of this chapter, November 15, 1993.</P>

    <P>(2) For a substitution or a compensating unit that is designated under an approved substitution plan or reduced utilization plan pursuant to § 72.41 or § 72.43 of this chapter, or for a unit that is designated an early election unit under an approved NO<E T="52">X</E> compliance plan pursuant to part 76 of this chapter, that is not conditionally approved and that is effective for 1995, the earlier of the following dates:</P>
    <P>(i) January 1, 1995; or</P>

    <P>(ii) 90 days after the issuance date of the Acid Rain permit (or date of approval of permit revision) that governs the unit and contains the approved substitution plan, reduced utilization plan, or NO<E T="52">X</E> compliance plan.</P>
    <P>(3) For either a Phase II unit, other than a gas-fired unit or an oil-fired unit, or a substitution or compensating unit that is not a substitution or compensating unit under paragraph (a)(2) of this section: January 1, 1995.</P>

    <P>(4) For a gas-fired Phase II unit or an oil-fired Phase II unit, January 1, 1995, except that installation and certification tests for continuous emission monitoring systems for NO<E T="52">X</E> and CO<E T="52">2</E> or excepted monitoring systems for NO<E T="52">X</E> under appendix E or CO<E T="52">2</E> estimation under appendix G of this part shall be completed as follows:</P>
    <P>(i) For an oil-fired Phase II unit or a gas-fired Phase II unit located in an ozone nonattainment area or the ozone transport region, not later than July 1, 1995; or</P>
    <P>(ii) For an oil-fired Phase II unit or a gas-fired Phase II unit not located in an ozone nonattainment area or the ozone transport region, not later than January 1, 1996.</P>
    <P>(5) For combustion sources seeking to enter the Opt-in Program in accordance with part 74 of this chapter, the expiration date of a combustion source's opt-in permit under § 74.14(e) of this chapter.</P>

    <P>(b) In accordance with § 75.20, the owner or operator of each new affected unit shall ensure that all monitoring systems required under this part for monitoring of SO<E T="52">2</E>, NO<E T="52">X</E>, CO<E T="52">2</E>, opacity, and volumetric flow are installed and all certification tests are completed on or before the later of the following dates:</P>

    <P>(1) January 1, 1995, except that for a gas-fired unit or oil-fired unit located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NO<E T="52">X</E> and CO<E T="52">2</E> monitoring systems shall be July 1, 1995 and for a gas-fired unit or an oil-fired unit not located in an ozone nonattainment <PRTPAGE P="208"/>area or the ozone transport region, the date for installation and completion of all certification tests for NO<E T="52">X</E> and CO<E T="52">2</E> monitoring systems shall be January 1, 1996; or</P>
    <P>(2) The earlier of 90 unit operating days or 180 calendar days after the date the unit commences commercial operation, notice of which date shall be provided under subpart G of this part.</P>

    <P>(c) In accordance with § 75.20, the owner or operator of any unit affected under any paragraph of § 72.6(a)(3) (ii) through (vii) of this chapter shall ensure that all monitoring systems required under this part for monitoring of SO<E T="52">2</E>, NO<E T="52">X</E>, CO<E T="52">2</E>, opacity, and volumetric flow are installed and all certification tests are completed on or before the later of the following dates:</P>

    <P>(1) January 1, 1995, except that for a gas-fired unit or oil-fired unit located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NO<E T="52">X</E> and CO<E T="52">2</E> monitoring systems shall be July 1, 1995 and for a gas-fired unit or an oil-fired unit not located in an ozone nonattainment area or the ozone transport region, the date for installation and completion of all certification tests for NO<E T="52">X</E> and CO<E T="52">2</E> monitoring systems shall be January 1, 1996; or</P>
    <P>(2) The earlier of 90 unit operating days or 180 calendar days after the date the unit first operates after becoming subject to the requirements of the Acid Rain Program, notice of which date shall be provided under subpart G of this part.</P>

    <P>(d) In accordance with § 75.20, the owner or operator of an existing unit that is shutdown and is not yet operating by the applicable dates listed in paragraph (a) of this section, or an existing unit which has been placed in long-term cold storage after having previously reported emissions data in accordance with this part, shall ensure that all monitoring systems required under this part for monitoring of SO<E T="52">2</E>, NO<E T="52">X</E>, CO<E T="52">2</E>, opacity, and volumetric flow are installed and all certification tests are completed no later than 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit recommences commercial operation, notice of which date shall be provided under subpart G of this part. The owner or operator shall determine and report SO<E T="52">2</E> concentration, NO<E T="52">X</E> emission rate, CO<E T="52">2</E> concentration, and flow data for all unit operating hours after the applicable compliance date in paragraph (a) of this section until all required certification tests are successfully completed using either:</P>
    <P>(1) The maximum potential concentration of SO<E T="52">2</E> (as defined in section 2.1.1.1 of appendix A to this part), the maximum potential NO<E T="52">X</E> emission rate, as defined in § 72.2 of this chapter, the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, or the maximum potential CO<E T="52">2</E> concentration, as defined in section 2.1.3.1 of appendix A to this part;</P>
    <P>(2) Reference methods under § 75.22(b); or</P>
    <P>(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.</P>

    <P>(e) In accordance with § 75.20, if the owner or operator of an existing unit completes construction of a new stack, flue, flue gas desulfurization system or add-on NO<E T="52">X</E> emission controls after the applicable deadline in paragraph (a) of this section, then the owner or operator shall ensure that all monitoring systems required under this part for monitoring SO<E T="52">2</E>, NO<E T="52">X</E>, CO<E T="52">2</E>, opacity, and volumetric flow are installed on the new stack or duct and all certification tests are completed not later than 90 unit operating days or 180 calendar days (whichever occurs first) after the date that emissions first exit to the atmosphere through the new stack, flue, flue gas desulfurization system or add-on NO<E T="52">X</E> emission controls, notice of which date shall be provided under subpart G of this part. Until emissions first pass through the new stack, flue, flue gas desulfurization system or add-on NO<E T="52">X</E> emission controls, the unit is subject to the appropriate deadline in paragraph (a) of this section. The owner or operator shall determine and report SO<E T="52">2</E> concentration, NO<E T="52">X</E> emission rate, CO<E T="52">2</E> concentration, and flow data for all unit operating hours after emissions first pass through the new stack, flue, flue gas desulfurization system or add-on NO<E T="52">X</E> emission controls until all required certification <PRTPAGE P="209"/>tests are successfully completed using either:</P>
    <P>(1) The appropriate value for substitution of missing data upon recertification pursuant to § 75.20(b)(3); or</P>
    <P>(2) Reference methods under § 75.22(b) of this part; or</P>
    <P>(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.</P>

    <P>(f) In accordance with § 75.20, the owner or operator of an affected gas-fired or oil-fired peaking unit, if planning to use appendix E of this part, shall ensure that the required certification tests for excepted monitoring systems under appendix E are completed for backup fuel, as defined in § 72.2 of this chapter, no later than 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit first combusts the backup fuel following the certification testing with the primary fuel. If the required testing is completed by this deadline, the appendix E correlation curve derived from the test results may be used for reporting data under this part beginning with the first date and hour that the backup fuel is combusted, provided that the fuel flowmeter for the backup fuel was certified as of that date and hour. If the required appendix E testing has not been successfully completed by the compliance date in this paragraph, then, until the testing is completed, the owner or operator shall report NO<E T="52">X</E> emission rate data for all unit operating hours that the backup fuel is combusted using either:</P>
    <P>(1) The fuel-specific maximum potential NO<E T="52">X</E> emission rate, as defined in § 72.2 of this chapter; or</P>
    <P>(2) Reference methods under § 75.22(b) of this part; or</P>
    <P>(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.</P>

    <P>(g) The provisions of this paragraph shall apply unless an owner or operator is exempt from certifying a fuel flowmeter for use during combustion of emergency fuel under section 2.1.4.3 of appendix D to this part, in which circumstance the provisions of section 2.1.4.3 of appendix D shall apply. In accordance with § 75.20, whenever the owner or operator of a gas-fired or oil-fired unit uses an excepted monitoring system under appendix D or E of this part and combusts emergency fuel as defined in § 72.2 of this chapter, then the owner or operator shall ensure that a fuel flowmeter measuring emergency fuel is installed and the required certification tests for excepted monitoring systems are completed by no later than 30 unit operating days after the first date after January 1, 1995 that the unit combusts emergency fuel. For all unit operating hours that the unit combusts emergency fuel after January 1, 1995 until the owner or operator installs a flowmeter for emergency fuel and successfully completes all required certification tests, the owner or operator shall determine and report SO<E T="52">2</E> mass emission data using either:</P>
    <P>(1) The maximum potential fuel flow rate, as described in appendix D of this part, and the maximum sulfur content of the fuel, as described in section 2.1.1.1 of appendix A of this part;</P>
    <P>(2) Reference methods under § 75.22(b) of this part; or</P>
    <P>(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.</P>
    <P>(h) [Reserved]</P>

    <P>(i) In accordance with § 75.20, the owner or operator of each affected unit at which SO<E T="52">2</E> concentration is measured on a dry basis or at which moisture corrections are required to account for CO<E T="52">2</E> emissions, NO<E T="52">X</E> emission rate in lb/mmBtu, heat input, or NO<E T="52">X</E> mass emissions for units in a NO<E T="52">X</E> mass reduction program, shall ensure that the continuous moisture monitoring system required by this part is installed and that all applicable initial certification tests required under § 75.20(c)(5), (c)(6), or (c)(7) for the continuous moisture monitoring system are completed no later than the following dates:</P>
    <P>(1) April 1, 2000, for a unit that is existing and has commenced commercial operation by January 2, 2000;</P>
    <P>(2) For a new affected unit which has not commenced commercial operation by January 2, 2000, 90 unit operating days or 180 calendar days (whichever occurs first) after the date the unit commences commercial operation; or</P>

    <P>(3) For an existing unit that is shutdown and is not yet operating by April <PRTPAGE P="210"/>1, 2000, 90 unit operating days or 180 calendar days (whichever occurs first) after the date that the unit recommences commercial operation.</P>

    <P>(j) If the certification tests required under paragraph (b) or (c) of this section have not been completed by the applicable compliance date, the owner or operator shall determine and report SO<E T="52">2</E> concentration, NO<E T="52">X</E> emission rate, CO<E T="52">2</E> concentration, and flow rate data for all unit operating hours after the applicable compliance date in this paragraph until all required certification tests are successfully completed using either:</P>
    <P>(1) The maximum potential concentration of SO<E T="52">2</E>, as defined in section 2.1.1.1 of appendix A to this part, the maximum potential NO<E T="52">X</E> emission rate, as defined in § 72.2 of this chapter, the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, or the maximum potential CO<E T="52">2</E> concentration, as defined in section 2.1.3.1 of appendix A to this part;</P>
    <P>(2) Reference methods under § 75.22(b); or</P>
    <P>(3) Another procedure approved by the Administrator pursuant to a petition under § 75.66.</P>
    <CITA>[60 FR 17131, Apr. 4, 1995, as amended at 60 FR 26516, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 64 FR 28588, May 26, 1999; 67 FR 40421, June 12, 2002]</CITA>
  </SECTION>
</CFRGRANULE>

