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Part 246: Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units

(Statutory Authority: Environmental Conservation Law §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, and 19-0311)

[Filed 12/28/06. Effective 30 days after filing.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§246.1 Definitions

(a) For the purpose of this Part, the general definitions of Parts 200 and 201 of Title 6 apply unless defined otherwise in this Part.

(b) For the purpose of this Part, the following definitions also apply:

(1) Automated data acquisition and handling system or DAHS. Automated data acquisition and handling system means that component of the continuous emission monitoring system (CEMS), or other emissions monitoring system approved for use under 40 CFR 60.4170 through 60.4176, designed to interpret and convert individual output signals from pollutant concentration monitors, flow monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in the measurement units required under 40 CFR 60.4170 through 60.4176.

(2) Boiler. Boiler means an enclosed fossil- or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

(3) Bottoming-cycle cogeneration unit. Bottoming-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

(4) Coal. Coal means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite as defined in 40 CFR 60.4102.

(5) Coal-derived fuel. Coal-derived fuel means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal, or chemical processing of coal.

(6) Cogeneration unit. Cogeneration unit means a stationary, coal-fired boiler or stationary, coal-fired combustion turbine:

(i) having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and

(ii) producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after the calendar year in which the unit first produces electricity:

(a) For a topping-cycle cogeneration unit,

(1) useful thermal energy not less than five percent of total energy output; and

(2) useful power that, when added to one-half of useful thermal energy produced, is not less then 42.5 percent of total energy input, if useful thermal energy produced is 15 percent or more of total energy output, or not less than 45 percent of total energy input, if useful thermal energy produced is less than 15 percent of total energy output.

(b) For a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input.

(7) Combustion turbine. Combustion turbine means:

(i) an enclosed device comprising a compressor, a combustor and a turbine in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

(ii) if the enclosed device under subparagraph (i) of this paragraph is combined cycle, any associated heat recovery steam generator and steam turbine.

(8) Commence commercial operation. Commence commercial operation with regard to a unit serving a generator means:

(i) To have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation.

(a) For a unit that is subject to this Part on the date the unit commences commercial operation as defined in subparagraph (i) of this paragraph and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same facility), such date shall remain the unit's date of commencement of commercial operation.

(b) For a unit that is an applicable unit under this Part on the date the unit commences commercial operation as defined in subparagraph (i) of this paragraph and that is subsequently replaced by a unit at the same facility (e.g., re-powered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in subparagraph (i) or (ii) of this paragraph as appropriate.

(ii) For units that were not subject to this Part as of the date the unit began to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation, a unit's date for commencement of commercial operation shall be the date on which the unit becomes subject to this Part.

(a) For a unit with a date for commencement of commercial operation as defined in subparagraph (ii) of this paragraph and that subsequently undergoes a physical change (other than replacement of the unit by a unit at the same facility), such date shall remain the unit's date of commencement of commercial operation.

(b) For a unit with a date for commencement of commercial operation as defined in subparagraph (ii) of this paragraph and that is subsequently replaced by a unit at the same facility (e.g., re-powered), the replacement unit shall be treated as a separate unit with a separate date for commencement of commercial operation as defined in subparagraph (i) or (ii) of this paragraph as appropriate.

(9) Commence operation. Commence operation means:

(i) To have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit's combustion chamber.

(ii) For a unit that undergoes a physical change (other than replacement of the unit by a unit at the same facility) after the date the unit commences operation as defined in subparagraph (i) of this paragraph, such date shall remain the unit's date of commencement of operation.

(iii) For a unit that is replaced by a unit at the same facility (e.g., re-powered) after the date the unit commences operation as defined in subparagraph (ii) of this paragraph, the replacement unit shall be treated as a separate unit with a separate date for commencement of operation as defined in subparagraph (i) of this paragraph.

(10) Common stack. Common stack means a single flue through which emissions from two or more units are exhausted.

(11) Continuous emission monitoring system or CEMS. Continuous emission monitoring system means the equipment required under sections 246.7 through 246.13 of this Part to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes using an automated data acquisition and handling system, a permanent record of mercury emissions, stack gas volumetric flow rate, stack gas moisture content, and oxygen or carbon dioxide concentration in a manner consistent with 40 CFR part 75. The following systems are the principal types of continuous emission monitoring systems required under sections 246.7 through 246.13 of this Part:

(i) a flow monitoring system, consisting of a stack flow rate monitor and an automated data acquisition and handling system and providing a permanent, continuous record of stack gas volumetric flow rate, in standard cubic feet per hour (scfh);

(ii) a mercury concentration monitoring system, consisting of a mercury pollutant concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of mercury emissions in micrograms per dry standard cubic meter (µg/dscm);

(iii) a moisture monitoring system, as defined in 40 CFR 75.11(b)(2) and providing a permanent, continuous record of the stack gas moisture content, in percent H2O.

(iv) a carbon dioxide monitoring system, consisting of a carbon dioxide concentration monitor (or an oxygen monitor plus suitable mathematical equations from which the carbon dioxide concentration is derived) and an automated data acquisition and handling system and providing a permanent, continuous record of carbon dioxide emissions, in percent carbon dioxide; and

(v) an oxygen monitoring system, consisting of an oxygen concentration monitor and an automated data acquisition and handling system and providing a permanent, continuous record of oxygen, in percent oxygen.

(12) Existing. Existing means a unit commencing operation before January 1, 2004.

(13) Generator. Generator means a device that converts mechanical energy into electric energy.

(14) Gross electrical output. Gross electrical output means, with regard to a cogeneration unit, electricity made available for use, including any such electricity used in the power production process, which includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(15) Heat input rate. Heat input rate means the amount of heat input (in mmBtu) divided by unit operating time (in hr) or, with regard to a specific fuel, the amount of heat input attributed to the fuel (in mmBtu) divided by the unit operating time (in hr) during which the unit combusts the fuel.

(16) Maximum design heat input. Maximum design heat input means, starting from the initial installation of a unit, the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady-state basis as:

(i) specified by the manufacturer of the unit, or;

(ii) starting from the completion of any subsequent physical change in the unit resulting in a decrease in the maximum amount of fuel per hour (in Btu/hr) that a unit is capable of combusting on a steady-state basis, such decreased maximum amount as specified by the person conducting the physical change and demonstrated in an acceptable form to the department.

(17) Mercury Reduction Program (MRP) Control period. Mercury Reduction Program Control period means the period of time beginning January 1st of a calendar year and ending on December 31st of the same year.

(18) Mercury Reduction Program (MRP) Facility. Mercury Reduction Program Facility means a facility that includes one or more Mercury Reduction Program units.

(19) Mercury Reduction Program (MRP) Unit. Mercury Reduction Program unit means a coal-fired electric utility steam generating boiler or a coal-fired electric utility steam generating combustion turbine that is subject to this Part pursuant to subdivision 246.2 (a) of this Part.

(20) Monitoring system. Monitoring system means any monitoring system that meets the requirements of sections 246.7 through 246.13 of this Part, including a continuous emissions monitoring system, or an alternative sorbent trap monitoring system under 40 CFR part 75.

(21) Nameplate capacity. Nameplate capacity means:

(i) starting from the initial installation of a generator, the maximum electrical generating output in megawatts (MWe) that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other derates) as specified by the manufacturer of the generator or;

(ii) starting from the completion of any subsequent physical change in the generator resulting in a increase in the maximum electrical generating output in MWe that the generator is capable of producing on a steady-state basis and during continuous operation (when not restricted by seasonal or other derates), such increased or decreased maximum amount as demonstrated in an acceptable form to the department.

(22) New. New means a unit commencing operation on or after January 1, 2004.

(23) Potential electrical output capacity. Potential electrical output capacity means 33 percent of a unit's maximum design heat input, divided by 3,413 British thermal units per kilowatt hour (Btu/kWh), divided by 1,000 kilowatt-hours divided by megawatt-hours (kWh/MWh), and multiplied by 8,760 hr/yr.

(24) Reference method. Reference method means any direct test method of sampling and analyzing for an air pollutant as specified in 40 CFR 75.22.

(25) Re-powered. With regard to a unit under this Part, re-powered means replacement of a coal-fired electric utility boiler with one of the following coal-fired technologies at the same emission source as the coal-fired boiler:

(i) atmospheric or pressurized fluidized bed combustion;

(ii) integrated gasification combined cycle;

(iii) magnetohydrodynamics;

(iv) direct and indirect coal-fired turbines;

(v) integrated gasification fuel cells; or

(vi) as determined by the administrator in consultation with the United States Secretary of Energy, a derivative of one or more of the technologies under subparagraphs (i) through (iv) of this paragraph and any other coal-fired technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of January 1, 2005.

(26) Sequential use of energy. Sequential use of energy means:

(i) for a topping-cycle cogeneration unit, the use of reject heat from electricity production in a useful thermal energy application or process; or

(ii) for a bottoming-cycle cogeneration unit, the use of reject heat from a useful thermal energy application or process in electricity production.

(27) Sorbent trap monitoring system. Sorbent trap monitoring system means the equipment required by 40 CFR part 75 for the continuous monitoring of mercury emissions, using paired sorbent traps containing iodinized charcoal (IC) or other suitable reagent(s). This excepted monitoring system consists of a probe, paired sorbent traps, a heated umbilical line, moisture removal components, an airtight sample pump, a dry gas meter, and an automated data acquisition and handling system. The monitoring system samples the stack gas at a rate proportional to the stack gas volumetric flow rate. The sampling is a batch process. Using the sample volume measured by the dry gas meter and the results of the analyses of the sorbent traps, the average mercury concentration in the stack gas for the sampling period is determined, in units of micrograms per dry standard cubic meter (µg/dscm). Mercury mass emissions for each hour in the sampling period are calculated using the average mercury concentration for that period, in conjunction with contemporaneous hourly measurements of the stack gas flow rate, corrected for the stack gas moisture content.

(28) Speciated mercury compounds or Hg. Speciated mercury compounds means the three forms of mercury identified through a reference method, which are elemental mercury, reactive gas mercury or oxidized mercury and particle bound mercury.

(29) Submit or serve. Submit or serve means to send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation:

(i) in person;

(ii) by United States Postal Service; or

(iii) by other means of dispatch or transmission and delivery. Compliance with any "submission" or "service" deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

(30) Topping-cycle cogeneration unit. Topping-cycle cogeneration unit means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

(31) Total energy input. Total energy input means, with regard to a cogeneration unit, total energy of all forms supplied to the cogeneration unit, excluding energy produced by the cogeneration unit itself.

(32) Total energy output. Total energy output means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.

(33) Unit operating day. Unit operating day means a calendar day in which a unit combusts any fuel.

(34) Unit. Unit means a stationary coal-fired boiler or a stationary coal-fired combustion turbine.

(35) Unit operating hour or hour of unit operation. Unit operating hour or hour of unit operation means an hour in which a unit combusts any fuel.

(36) Useful power. Useful power means, with regard to a cogeneration unit, electricity or mechanical energy made available for use, excluding any such energy used in the power production process, which includes, but is not limited to, any on-site processing or treatment of fuel combusted at the unit and any on-site emission controls.

(37) Useful thermal energy. Useful thermal energy means, with regard to a cogeneration unit, thermal energy that is:

(i) made available to an industrial or commercial process (not a power production process), excluding any heat contained in condensate return or makeup water;

(ii) used in a heating application (i.e., space heating or domestic hot water heating); or

(iii) used in a space cooling application (e.g., thermal energy used by an absorption chiller).

(38) Utility power distribution system. Utility power distribution system means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers.

(39) Trillion British Thermal Units (TBtu). One British Thermal Unit followed by twelve zeros.

§246.2 Applicability

(a) Except as provided in subdivision (b) of this section;

(1) any stationary, coal-fired boiler or stationary, coal-fired combustion turbine serving at any time, since the later of November 15, 1990 or the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe producing electricity for sale;

(2) if a stationary boiler or stationary combustion turbine that is not subject under paragraph (1) of this section, begins to combust coal or coal-derived fuel or to serve a generator with nameplate capacity of more than 25 MWe producing electricity for sale, the unit shall become applicable as provided in paragraph (1) of this section on the first date on which it both combusts coal or coal-derived fuel and serves such generator.

(b) The units that meet the requirements set forth in paragraph (1)(i) or (2) of this subdivision shall not be subject to this Part:

(1) (i) Any unit that is an applicable unit under subdivision (a) of this section:

(a) qualifying as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and continuing to qualify as a cogeneration unit; and

(b) not serving at any time, since the later of November 15, 1990 or the startup of the unit's combustion chamber, a generator with nameplate capacity of more than 25 MWe supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 MWh, whichever is greater, to any utility power distribution system for sale.

(ii) If a unit qualifies as a cogeneration unit during the 12-month period starting on the date the unit first produces electricity and meets the requirements of subparagraph (i) of this paragraph for at least one calendar year, but subsequently no longer meets all such requirements, the unit shall become an applicable unit starting on the earlier of January 1 after the first calendar year during which the unit first no longer qualifies as a cogeneration unit or January 1 after the first calendar year during which the unit no longer meets the requirements of subparagraph (i)(b) of this paragraph.

(2) Any unit that is an applicable unit under paragraph (a)(1) or (2) of this section, and is a solid waste incineration unit combusting municipal waste, and is subject to the requirements of:

(i) a State Plan approved by the administrator in accordance with subpart Cb of part 60 of 40 CFR (emissions guidelines and compliance times for certain large municipal waste combustors);

(ii) subpart Eb of part 60 of 40 CFR (standards of performance for certain large municipal waste combustors);

(iii) subpart AAAA of part 60 of 40 CFR (standards of performance for certain small municipal waste combustors);

(iv) a State Plan approved by the administrator in accordance with subpart BBBB of part 60 of 40 CFR (emission guidelines and compliance times for certain small municipal waste combustion units);

(v) subpart FFF, of part 62 of 40 CFR (Federal Plan requirements for certain large municipal waste combustors); or

(vi) subpart JJJ of part 62 of 40 CFR (Federal Plan requirements for certain small municipal waste combustion units).

§246.3 Standard requirements

(a) Mercury Reduction Program (MRP) requirements.

(1) an existing MRP facility shall be subject to the requirements of section 246.5 of this Part, for the MRP control periods between January 1, 2010 and December 31, 2014 and;

(2) an existing MRP unit shall be subject to the requirements of section 246.6 of this Part, beginning on January 1, 2015; and

(3) a new MRP unit shall be subject to the requirements of section 246.6 of this Part upon commencing operation.

(b) Emission testing.

(1) Any owner or operator of a MRP facility shall perform an emission test using a reference method for speciated mercury compounds and meet the requirements in subparagraphs (i), (ii), (iii) and (iv) of this paragraph:

(i) Submit to the department at least 30 days prior to the emission test a test protocol to be approved by the department detailing the reference method to be performed and all other required information contained in Subpart 202-1 of this Chapter.

(ii) Test the concentrations of the speciated mercury compounds in the stack (outlet).

(iii) Emission tests shall be conducted as follows:

(a) one test shall be performed prior to August 1, 2008;

(b) a second test shall be performed prior to July 1, 2009. The source testing requirements contained in 246.8 satisfy this requirement;

(c) a final report containing the results of each emission test shall be submitted to the department in a form acceptable within 60 days after completion of each emission test.

(iv) Fuel sampling. During each emission test, sampling of the mercury and chlorine content of the coal or solid coal- derived fuel shall be performed as outlined in the approved test protocol and the results of the fuel sampling shall be included in the final report submitted to the department.

(c) Monitoring, Reporting, and Record keeping Requirements.

(1) An owner or operators of a MRP facility shall comply with the monitoring, reporting, and record keeping requirements of sections 246.7 through 246.13 of this Part.

(2) Unless otherwise provided, an owner or operator of the MRP facility shall keep on site at the facility each of the following documents for a period of five years from the date the document is created. This period may be extended by the department for cause, at any time before the end of five years, upon written notification.

(i) all emissions monitoring information, as required by sections 246.7 through 246.13 of this Part;

(ii) copies of all reports, compliance certifications, and other submissions and all records made or required under this Part.

§246.4 Mercury Reduction Program permit requirements

(a) For a MRP facility whose Title V permit expires before January 1, 2009, the owner or operator shall include the requirements of this Part as applicable requirements in the Title V permit renewal application in accordance with Part 201 of this Title. If the effective date of the applicable requirement is later than the date on which the renewed permit will expire, such requirement can be included in the following Title V renewal application and renewed Title V permit.

(b) For a MRP facility whose Title V permit will expire on or after January 1, 2009, the department shall reopen such permit in accordance with section 201-6.5(i) of this Title to include Part 246 of this Title applicable requirements.

(c) The following information concerning a MRP unit and/or facility shall be included In the Title V permit application and/or renewed or modified Title V permit:

(1) description of the MRP facility, including plant name, ORIS ID;

(2) description of each MRP unit at the MRP facility; and

(3) all applicable requirements of this Part.

(d) Liability.

(1) Each MRP facility and each MRP unit shall meet the requirements of this Part.

(2) Any provision of this Part that applies to a MRP facility shall apply to the owners and operators of such facility and of the MRP units at the MRP facility.

(3) Any provision of this Part that applies to a MRP unit shall apply to the owners and operators of such MRP unit.

§246.5 Mercury Reduction Program facility-wide emission limits for existing units

(a) Upon the effective date of this Part, the facility-wide mercury emission limitation contained in Table 1 will be in effect for the MRP mercury control periods of 2010 through December 31, 2014.

Table 1

Facility DEC Identification # Facility-wide
Hg Emission Limit (lb/year)
2010 - 2014
AES Cayuga 7-0532-00019 73.0
AES Greenidge 8-5736-00004 35.0
AES Somerset 9-2938-00003 151.0
AES Westover 7-0346-00045 30.0
Huntley Steam Generating 9-1464-00130 110.0
Dunkirk Steam Generating 9-0603-00021 106.0
Danskammer Generating Station 3-3346-00011 72.0
Lovett Generating Station 3-3928-00010 64.0
RGE - Russell Station 8-2628-00068 48.0
Samuel A Carlson Generating Station 9-0608-00053 8.0
Trigen Syracuse Energy Corp. 7-3132-00052 21.0
Niagara Generation 9-2911-00152 12.0
Black River Generation, LLC 6-2240-00009 16.0
Total 746.0

(b) The facility-wide emission limitations in subdivision (a) of this section represent the allowable mercury emissions for each MRP facility for the control periods in 2010 through 2014.

(1) The sum of mass mercury emissions (in lb) from each applicable existing MRP unit at a MRP facility identified in Table 1 below shall not exceed the facility-wide mercury emission limitation (in lb/year) set forth in Table 1 beginning in the MRP control period of 2010 and continuing through 2014.

(2) Compliance with the facility-wide mercury emission cap for each MRP control period will be based upon a 12-month total, rolled monthly, reported quarterly.

(c) Forty pounds of mercury emissions are set aside for new MRP units and existing MRP units not in Table 1 of this section.

§246.6 Mercury Reduction Program unit limits for new and existing units

(a) At the time a MRP unit commences operation, each new unit:

(1) shall not exceed the emission limit of 0.6 pounds of mercury per trillion Btu (0.6 lb Hg/TBtu) from the firing of coal or coal-derived fuel. Compliance with this emission limit shall be determined on a 30-day rolling average, rolled daily, reported quarterly in accordance with sections 246.7 through 246.13 of this Part; or

(2) if one or more units are utilizing a common stack, the average emission limit shall not exceed 0.6 pounds of mercury per trillion Btu (0.6 lb Hg/TBtu) from the firing of coal or coal-derived fuel across all operating units of the common stack. Compliance with this emission limit shall be determined on a 30-day rolling average rolled daily, reported quarterly in accordance with the provisions of sections 246.7 through 246.13 of this Part.

(b) Effective January 1, 2015, each existing MRP facility shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu). Compliance with this emission limit shall be determined on a 30-day rolling average, rolled daily, reported quarterly in accordance with the provisions of sections 246.7 through 246.13 of this Part.

(c) Effective January 1, 2010, each existing MRP unit not identified in Table 1 of section 246.5 of this Part:

(1) shall not exceed the emission limit of 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu). Compliance with this emission limit shall be determined on a 30-day rolling average, rolled daily, reported quarterly in accordance with the provisions of sections 246.7 through 246.13 of this Part; or

(2) if one or more units are utilizing a common stack, the average emission limit shall not exceed 0.6 pounds mercury per trillion Btu (0.6 lb Hg/TBtu) across all operating units of the common stack. Compliance with this emission limit shall be determined on a 30-day rolling average, rolled daily, reported quarterly in accordance with the provisions of sections 246.7 through 246.13 of this Part.

§246.7 Monitoring and reporting

General Requirements. Any owner or operator a MRP facility shall comply with the monitoring, record keeping, and reporting requirements as provided in this section, 6 NYCRR Part 201, and 40 CFR 75 subpart I. For purposes of complying with such requirements, the definitions in section 246.1 of this Part, 40 CFR 72.2, and 40 CFR 75 subpart I shall apply. The terms affected unit and continuous emission monitoring system (or CEMS) contained in 40 CFR 75 subpart I shall be deemed to refer to the terms Mercury Reduction Program unit, and continuous emission monitoring system (or CEMS) respectively, as defined in section 246.1 of this Part. The owner or operator of a unit that is not a MRP unit but that is monitored under 40 CFR section 75.82(b)(2)(i) shall comply with the same monitoring, record keeping, and reporting requirements as a MRP unit.

(a) Requirements for installation, certification, and data accounting. The owner or operator of each MRP unit shall:

(1) install all monitoring systems required under sections 246.7 through 246.13 of this Part for monitoring mercury mass emissions and individual unit heat input (including all systems required to monitor mercury concentration, stack gas moisture content, stack gas flow rate, and CO2 or O2 concentration, as applicable) in accordance with 40 CFR 75.81, 40 CFR 75.82, and 40 CFR 60 Appendix B - Performance Specification 12A;

(2) successfully complete all certification tests required under section 246.8 of this Part and meet all other requirements of sections 246.7 through 246.13 of this Part, and of 40 CFR 75 subpart I of applicable to the monitoring systems under paragraph (1) of this subdivision; and

(3) record and report the data from the monitoring systems under paragraph (1) of this subdivision in accordance with 40 CFR 75.84; and

(4) quality assure the data from the monitoring systems under paragraph (1) of this subdivision in accordance with 40 CFR 75.80(e).

(b) Compliance deadlines. The owner or operator shall meet the monitoring system certification and other requirements of subdivision (a) of this section by the following dates:

(1) for the owner or operator of a MRP unit that commences commercial operation before July 1, 2008, by January 1, 2009.

(2) for the owner or operator of a MRP unit that commences commercial operation on or after July 1, 2008, by the later of the following dates:

(i) January 1, 2009; or

(ii) 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation.

(3) for the owner or operator of a MRP unit for which construction of a new stack or flue or installation of add-on mercury emission controls, a flue gas desulfurization system, a selective catalytic reduction system, or a compact hybrid particulate collector system is completed after the applicable deadline under paragraph (1) or (2) of this subdivision, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or add-on mercury emissions controls.

(c) Reporting data.

(1) Except as provided in paragraph (2) of this subdivision, the owner or operator of a MRP unit that does not meet the applicable compliance date set forth in subdivision (b) 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 mercury concentration, stack gas flow rate, stack gas moisture content, and any other parameters required to determine mercury mass emissions and heat input in accordance with 40 CFR 75.80(g).

(2) The owner or operator of a MRP 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 40 CFR 75 subpart D, 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.

(d) Prohibitions.

(1) No owner or operator of a MRP unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of sections 246.7 through 246.13 of this Part without having obtained prior written approval in accordance with section 246.12 of this Part.

(2) No owner or operator of a MRP unit shall operate the unit so as to discharge, or allow to be discharged, mercury emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of sections 246.7 through 246.13 of this Part, and 40 CFR 75 subpart I.

(3) No owner or operator of a MRP unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording mercury 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 sections 246.7 through 246.13 of this Part, and 40 CFR 75 subpart I.

(4) No owner or operator of a MRP unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this Part, 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 sections 246.7 through 246.13 of this Part, and 40 CFR 75 subpart I, by the department or the administrator for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(ii) the MRP facility owner submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with section 246.8(c)(3)(i) of this Part.

§246.8 Initial monitoring certification and recertification procedures

(a) the owner or operator of a MRP unit shall be exempt from the initial certification requirements of this section for a monitoring system under section 246.7(a)(1) if the following conditions are met:

(1) the monitoring system has been previously certified in accordance with 40 CFR part 75; and

(2) for continuous emission monitoring systems, the applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and 40 CFR 75 Appendix B are fully met for the certified monitoring system described in paragraph (1) of this subdivision; or

(3) for sorbent trap monitoring system, the applicable quality-assurance and quality-control requirements of 40 CFR 75.15, 40 CFR 75.20(c)(9), in section 6.5.7 of Appendix A of 40 CFR 75, 40 CFR 75 Appendix K, and 40 CFR 75 Appendix B sections 1.5 and 2.3 of are fully met for the certified monitoring system.

(b) The recertification provisions of this section shall apply to a monitoring system which is exempt from initial certification requirements under subdivision (a) of this section.

(c) Except as provided in subdivision (a) of this section, the owner or operator of a MRP unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system (i.e., a continuous emission monitoring system and sorbent trap monitoring system under 40 CFR 75.15). The owner or operator of a unit that qualifies to use the Hg low mass emissions excepted monitoring methodology under 40 CFR 75.81(b) or that also qualifies to use an alternative monitoring system under 40 CFR 75 subpart E shall comply with the procedures in subdivision (d) or (e) of this section respectively.

(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under section 246.7(a)(1) of this Part (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadline in section 246.7(b) of this Part. In addition, whenever the owner or operator installs a monitoring system 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.

(2) Requirements for recertification.

(i) Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system, or sorbent trap monitoring system under 40 CFR 75.15, that may significantly affect the ability of the system to accurately measure or record Hg mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or 40 CFR 75 Appendix B, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20.

(ii) Whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system and each sorbent trap monitoring system under 40 CFR 75.15, whose accuracy is potentially affected by the change, in accordance with 40 CFR 75.20. Examples of changes to a continuous emission monitoring system that require recertification include replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.

(3) Approval process for initial certification and recertification. Subparagraphs (i) through (iv) of this paragraph apply to both initial certification and recertification of a continuous monitoring system under section 246.7(a)(1). For recertification, replace the words "certification" and "initial certification" with the word "recertification", replace the word "certified" with the word "recertified", and follow the procedures in 40 CFR 75.20(b)(5) in lieu of the procedures in subparagraph (v) of this paragraph.

(i) Notification of certification. The owner or operator of the MRP facility shall submit to the department, the EPA Region 2 Regional Office, and the administrator written notice of the dates of certification testing, in accordance with section 246.10 of this Part.

(ii) Certification application. The owner or operator of a MRP facility shall submit to the department a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.

(iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitoring system may be used under the Mercury Reduction Program for a period not to exceed 120 days after receipt by the department of the complete certification application for the monitoring system under subparagraph (ii) of this paragraph. Data measured and recorded by the provisionally certified monitoring system, 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 the date 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 that 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 Mercury Reduction 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 owner or operator of the MRP facility must submit the additional information required to complete the certification application. If the owner or operator of the MRP facility 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 does not meet the performance requirements of 40 CFR part 75 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 shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under 40 CFR 75.20[a][3]). The owner or operator shall follow the procedures for loss of certification in subparagraph (v) of this paragraph for each monitoring system 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 section 246.9(b) of this Part.

(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, the following provisions apply:

(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 specified under 40 CFR 75.20(a)(4)(iii) or 75.21(e) and continuing until the applicable date and hour specified under of 40 CFR 75.20(a)(5)(i):

(1) For a disapproved mercury pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of mercury and the maximum potential flow rate, as defined in sections of 40 CFR part 75 Appendix A, 2.1.7.1 and 2.1.4.1.

(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO2 concentration or the minimum potential O2 concentration (as applicable), as defined in sections of 40 CFR part 75 Appendix A, 2.1.5, 2.1.3.1, and 2.1.3.2.

(3) For a disapproved sorbent trap monitoring system under 40 CFR 75.15 and disapproved flow monitor, respectively, the maximum potential concentration of mercury and maximum potential flow rate, as defined in sections of 40 CFR part 75 Appendix A, 2.1.7.1 and 2.1.4.1.

(b) The owner or operator of the MRP facility shall submit a notification of certification retest dates and a new certification application in accordance with subparagraphs (i) and (ii) of this paragraph.

(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.

(d) Initial certification and recertification procedures for units using the Hg low mass emission excepted methodology under 40 CFR 75.81(b). The owner or operator of a unit qualified to use the Hg low mass emissions (HgLME) excepted methodology under 40 CFR 75.81(b) shall meet the applicable certification and recertification requirements in 40 CFR 75.81(c) through (f).

(e) Certification/recertification procedures for alternative monitoring systems. The owner or operator of each unit who intends to use an alternative monitoring system which is approved by the administrator pursuant to 40 CFR 75 subpart E shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

§246.9 Missing data procedures and out of control periods for continuous monitoring systems

(a) 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 missing data procedures in 40 CFR 75 subpart D.

(b) 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 section 246.8 of this Part 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 will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this subdivision, 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 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 applicable initial certification or recertification procedures in this section for each disapproved monitoring system.

§246.10 Notifications

The owner or operator for a MRP unit shall submit in writing all required notices to the department and the administrator in accordance with 40 CFR 75.61.

§246.11 Recordkeeping and reporting

(a) Recordkeeping provisions. Owners and operators of a MRP facility shall comply with all record keeping requirements in this section and the applicable record keeping requirements of 40 CFR 75.84(a) through (c).

(b) Reporting provisions. Owners and operators of a MRP facility shall comply with all reporting requirements in this section and the applicable reporting requirements of 40 CFR 75.84(d) through (f).

(c) Certification applications. The owner or operator of a MRP facility shall submit an application to the department within 45 days after completing all initial certification or recertification tests required under section 246.9 of this Part, including the information required under 40 CFR 75.63.

(d) Quarterly reports. Owners or operators of a MRP facility shall submit quarterly reports, as follows:

(1) Report the Hg mass emissions data and heat input data for the MRP unit, in an electronic quarterly report in a format prescribed by the department and the administrator, for each calendar quarter beginning with:

(i) for a unit that commences commercial operation before July 1, 2008, the calendar quarter covering January 1, 2009 through March 31, 2009; or

(ii) for a unit that commences 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 section 246.7(b) of this Part, 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.

(2) Submit each quarterly report to the department and the administrator within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in 40 CFR 75.84(f).

(3) For MRP units that are also subject to an acid rain emissions limitation or the CAIR NOx Annual Trading Program, Clean Air Interstate Rule (CAIR) SO2 Trading Program, or CAIR NOx Ozone Season Trading Program, quarterly reports shall include the applicable data and information required by 40 CFR 75 subparts F through H as applicable, in addition to the Hg mass emission data, heat input data, and other information required by sections 246.7 through 246.13 of this Part.

(e) Compliance certification. The owners or operators of a MRP facility shall submit to the department and the administrator, 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:

(1) the monitoring data submitted were recorded in accordance with the applicable requirements of sections 246.7 through 246.13 of this Part, and 40 CFR part 75, including the quality assurance procedures and specifications; and

(2) data are substituted in accordance with 40 CFR 75.34(a)(1) for all hours where Hg data are substituted for a unit with add-on Hg emission controls (a flue gas desulfurization system, a selective catalytic reduction system, or a compact hybrid particulate collector system).

(i) (a) The Hg add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under 40 CFR 75 Appendix B; or

(b) With regard to a flue gas desulfurization system or a selective catalytic reduction system, quality-assured SO2 emission data recorded in accordance with 40 CFR part 75 document that the flue gas desulfurization system was operating properly, or quality-assured NOx emission data recorded in accordance with 40 CFR part 75 document that the selective catalytic reduction system, was operating properly, as applicable, and

(ii) The substitute data values do not systematically underestimate Hg emissions.

§246.12 Petitions

The owner or operator of a MRP unit may submit a petition under 40 CFR 75.66 to the administrator requesting approval to apply an alternative to any requirement of sections 246.7 through 246.13 of this Part. Application of an alternative to any requirement is in accordance with this section and sections 246.7 through 246.13 of this Part only to the extent that the petition is approved in writing by the administrator, in consultation with the department.

§246.13 Additional requirements to provide heat input data

The owner or operator of a MRP unit that monitors and reports Hg mass emissions using a mercury concentration monitoring system and a flow monitoring system shall also monitor and report the heat input rate at the unit level using the procedures set forth in 40 CFR part 75.

§246.14 Severability

Each section, or portion thereof, of this Part shall be deemed severable, and in the event that any section, or portion thereof, of this Part is held to be invalid, the remainder of this Part shall continue in full force and effect.