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(a) Submission. The designated representative for an affected unit (or owner or operator, as specified) shall submit notice to the Administrator, to the appropriate EPA Regional Office, and to the applicable State and local air pollution control agencies for the following purposes, as required by this part.
(1) Initial certification and recertification test notifications. The owner or operator or designated representative for an affected unit shall submit written notification of initial certification tests, recertification tests, and revised test dates as specified in § 75.20 for continuous emission monitoring systems, for alternative monitoring systems under subpart E of this part, or for excepted monitoring systems under appendix E to this part, except as provided in paragraphs (a)(1)(iii), (a)(1)(iv) and (a)(4) of this section and except for testing only of the data acquisition and handling system.
(i) Notification of initial certification testing. Initial certification test notifications shall be submitted not later than 45 days prior to the first scheduled day of initial certification testing. Testing may be performed on a date other than that already provided in a notice under this subparagraph as long as notice of the new date is provided either in writing or by telephone or other means at least 7 days prior to the original scheduled test date or the revised test date, whichever is earlier.
(ii) Notification of certification retesting and recertification testing. For retesting following a loss of certification under § 75.20(a)(5) or for recertification under § 75.20(b), notice of testing shall be submitted either in writing or by telephone at least 7 days prior to the first scheduled day of testing; except that in emergency situations when testing is required following an uncontrollable failure of equipment that results in lost data, notice shall be sufficient if provided within 2 business days following the date when testing is scheduled. Testing may be performed on a date other than that already provided in a notice under this subparagraph as long as notice of the new date is provided by telephone or other means at least 2 business days prior to the original scheduled test date or the revised test date, whichever is earlier.
(iii) Repeat of testing without notice. Notwithstanding the above notice requirements, the owner or operator may elect to repeat a certification test immediately, without advance notification, whenever the owner or operator has determined during the certification testing that a test was failed or that a second test is necessary in order to attain a reduced relative accuracy test frequency.
(iv) Waiver from notification requirements. The Administrator, the appropriate EPA Regional Office, or the applicable State or local air pollution control agency may issue a waiver from the notification requirement of paragraph (a)(1) of this section, for a unit or a group of units, for one or more recertification tests. The Administrator, the appropriate EPA Regional Office, or the applicable State or local air pollution control agency may also discontinue the waiver and reinstate the notification requirement of paragraph (a)(1) of this section for future recertification tests of a unit or a group of units.
(2) New unit, newly affected unit, new stack, or new flue gas desulfurization system operation notification. The designated representative for an affected unit shall submit written notification: For a new unit or a newly affected unit, of the planned date when a new unit or newly affected unit will commence commercial operation or, for new stack or flue gas desulfurization system, of the planned date when a new stack or flue gas desulfurization system will be completed and emissions will first exit to the atmosphere.
(i) Notification of the planned date shall be submitted not later than 45 days prior to the date the unit commences commercial operation, or not later than 45 days prior to the date when a new stack or flue gas desulfurization system exhausts emissions to the atmosphere.
(ii) If the date when the unit commences commercial operation or the date when the new stack or flue gas desulfurization system exhausts emissions to the atmosphere, whichever is applicable, changes from the planned date, a notification of the actual date shall be submitted not later than 7 days following: The date the unit commences commercial operation or, the date when a new stack or flue gas desulfurization system exhausts emissions to the atmosphere.
(3) Unit shutdown and recommencement of commercial operation. The designated representative for an affected unit that will be shutdown on the relevant compliance date in § 75.4(a) and that is relying on the provisions in § 75.4(d) to postpone certification testing shall submit notification of unit shutdown and recommencement of commercial operation as follows:
(i) For planned unit shutdowns, written notification of the planned shutdown date and planned date of recommencement of commercial operation shall be submitted 45 calendar days prior to the deadline in § 75.4(a). For unit shutdowns that are not planned 45 days prior to the deadline in § 75.4(a), written notification of the planned shutdown date and planned date of recommencement of commercial operation shall be submitted no later than 7 days after the date the owner or operator is able to schedule the shutdown date and date of recommencement of commercial operation. If the actual shutdown date or the actual date of recommencement of commercial operation differs from the planned date, written notice of the actual date shall be submitted no later than 7 days following the actual date of shutdown or of recommencement of commercial operation, as applicable;
(ii) For unplanned unit shutdowns, written notification of actual shutdown date and the expected date of recommencement of commercial operation shall be submitted no later than 7 days after the shutdown. If the actual date of recommencement of commercial operation differs from the expected date, written notice of the actual date shall be submitted no later than 7 days following the actual date of recommencement of commercial operation.
(4) Use of backup fuels for appendix E procedures. The designated representative for an affected oil-fired or gas-fired peaking unit that is using an excepted monitoring system under appendix E of this part and that is relying on the provisions in § 75.4(f) to postpone testing of a fuel shall submit written notification of that fact no later than 45 days prior to the deadline in § 75.4(a). The designated representative shall also submit a notification that such a fuel has been combusted no later than 7 days after the first date of combustion of any fuel for which testing has not been performed under appendix E after the deadline in § 75.4(a). Such notice shall also include notice that testing under appendix E either was performed during the initial combustion or notice of the date that testing will be performed.
(5) Periodic relative accuracy test audits. The owner or operator or designated representative of an affected unit shall submit written notice of the date of periodic relative accuracy testing performed under appendix B of this part no later than 21 days prior to the first scheduled day of testing. Testing may be performed on a date other than that already provided in a notice under this subparagraph as long as notice of the new date is provided either in writing or by telephone or other means acceptable to the respective State agency or office of EPA, and the notice is provided as soon as practicable after the new testing date is known, but no later than twenty-four (24) hours in advance of the new date of testing.
(i) Written notification under paragraph (a) (5) of this section may be provided either by mail or by facsimile. In addition, written notification may be provided by electronic mail, provided that the respective State agency or office of EPA agrees that this is an acceptable form of notification.
(ii) Notwithstanding the notice requirements under paragraph (a)(5) of this section, the owner or operator may elect to repeat a periodic relative accuracy test immediately, without additional notification whenever the owner or operator has determined that a test was failed, or that a second test is necessary in order to attain a reduced relative accuracy test frequency.
(iii) Waiver from notification requirements. The Administrator, the appropriate EPA Regional Office, or the applicable State air pollution control agency may issue a waiver from the requirement of paragraph (a)(5) of this section to provide notice to the respective State agency or office of EPA for a unit or a group of units for one or more tests. The Administrator, the appropriate EPA Regional Office, or the applicable State air pollution control agency may also discontinue the waiver and reinstate the requirement of paragraph (a)(5) of this section to provide notice to the respective State agency or office of EPA for future tests for a unit or a group of units. In addition, if an observer from a State agency or EPA is present when a test is rescheduled, the observer may waive all notification requirements under paragraph (a)(5) of this section for the rescheduled test.
(6) Notice of combustion of emergency fuel under appendix D or E. The designated representative of an oil-fired unit or gas-fired unit using appendix D or E of this part shall provide notice of the combustion of emergency fuel according to the following:
(i) For an affected oil-fired or gas-fired unit that is using an excepted monitoring system under appendix D or E of this part, where the owner or operator is postponing installation or testing of a fuel flowmeter for emergency fuel under § 75.4(g), the designated representative shall submit written notification of postponement of installation or testing no later than 45 days prior to the deadline in § 75.4(a). The designated representative shall also submit a notification that emergency fuel has been combusted no later than 7 days after the first date of combustion of the emergency fuel after the deadline in § 75.4(a).
(ii) The designated representative of a unit that has received approval of a petition under § 75.66 for exemption from one or more of the requirements of appendix E of this part for certification of an excepted monitoring system under appendix E of this part for a unit combusting emergency fuel shall submit written notice of each period of combustion of the emergency fuel with the next quarterly report submitted under § 75.64 for each calendar quarter in which emergency fuel is combusted, including notice specifying the exact dates and hours during which the emergency fuel was combusted. The reporting requirements of this paragraph (a)(6)(ii) also shall apply if the designated representative of a unit is exempt from certifying a fuel flowmeter for use during the combustion of emergency fuel under section 2.1.4.3 of appendix D to this part.
(b) The owner or operator or designated representative shall submit notification of certification tests and recertification tests for continuous opacity monitoring systems as specified in § 75.20(c)(8) to the State or local air pollution control agency.
(c) If the Administrator determines that notification substantially similar to that required in this section is required by any other State or local agency, the owner or operator or designated representative may send the Administrator a copy of that notification to satisfy the requirements of this section, provided the ORISPL unit identification number(s) is denoted.
[60 FR 26538, May 17, 1995, as amended at 61 FR 25582, May 22, 1996; 61 FR 59162, Nov. 22, 1996; 64 FR 28620, May 26, 1999]
