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Subpart 243-8: Monitoring and Reporting

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303,19-0305, 19-0311 and Energy Law §§ 3-101 and 3-103)

[Filed 9/19/07. Effective 10/19/07.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§243-8.1 General requirements

The owners and operators, and to the extent applicable, the CAIR designated representative, of a CAIR NOx Ozone Season unit, shall comply with the monitoring, recordkeeping, and reporting requirements as provided in this Subpart and in subpart H of 40 CFR part 75. For purposes of complying with such requirements, the definitions in section 243-1.2 of this Part and in 40 CFR 72.2 shall apply, and the terms affected unit, designated representative, and continuous emission monitoring system (or CEMS) in 40 CFR Part 75 shall be deemed to refer to the terms CAIR NOx Ozone Season unit, CAIR designated representative, and continuous emission monitoring system (or CEMS) respectively, as defined in section 243-1.2 of this Part. The owner or operator of a unit that is not a CAIR NOx Ozone Season unit but that is monitored under 40 CFR 75.72(b)(2)(ii) shall comply with the same monitoring, recordkeeping, and reporting requirements as a CAIR NOx Ozone Season unit.

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

(1) install all monitoring systems required under this Subpart for monitoring NOx mass emissions and individual unit heat input (including all systems required to monitor NOx emission rate, NOx concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, and fuel flow rate, as applicable, in accordance with 40 CFR 75.71 and 40 CFR 75.72);

(2) successfully complete all certification tests required under section 243-8.2 of this Subpart and meet all other requirements of this Subpart and 40 CFR part 75 applicable to the monitoring systems under paragraph (1) of this subdivison; and

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

(b) Compliance deadlines. Except as provided in subdivision (e) of this section, the owner or operator shall meet the monitoring system certification and other requirements of paragraphs (a)(1) and (2) of this section on or before the following dates. The owner or operator shall record, report, and quality-assure the data from the monitoring systems under paragraph (a)(1) of this section on and after the following dates.

(1) For the owner or operator of a CAIR NOx Ozone Season unit that commences commercial operation before July 1, 2007, by May 1, 2008.

(2) For the owner or operator of a CAIR NOx Ozone Season unit that commences commercial operation on or after July 1, 2007 and that reports on an annual basis under section 243-8.5(d) of this Subpart, by the later of the following dates:

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

(ii) May 1, 2008.

(3) For the owner or operator of a CAIR NOx Ozone Season unit that commences commercial operation on or after July 1, 2007 and that reports on a control period basis under section 243-8.5(d)(2)(ii) of this Subpart, by the later of the following dates:

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

(ii) if the compliance date under subparagraph (i) of this paragraph is not during a control period, May 1st immediately following the compliance date under subparagraph (i) of this paragraph.

(4) For the owner or operator of a CAIR NOx Ozone Season unit for which construction of a new stack or flue or installation of add-on NOx emission controls is completed after the applicable deadline under paragraph (1), (2), (6), or (7) of this subdivision and that reports on an annual basis under section 243-8.5(d) of this Subpart, 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 flue or add-on NOx emissions controls.

(5) For the owner or operator of a CAIR NOx Ozone Season unit for which construction of a new stack or flue or installation of add-on NOx emission controls is completed after the applicable deadline under paragraph (1), (3), (6), or (7) of this subdivision and that reports on a control period basis under section 243-8.5(d)(2)(ii) of this Subpart, by the later of the following dates:

(i) 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 flue or add-on NOx emissions controls; or

(ii) if the compliance date under subparagraph (b)(5)(i) of this section is not during a control period, May 1 immediately following the compliance date under subparagraph (b)(5)(i) of this section.

(6) Notwithstanding the dates in paragraphs (1), (2), and (3) of this subdivision, for the owner or operator of a unit for which a CAIR NOx Ozone Season opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, by the date specified in section 243-9.5(b) of this Part.

(7) Notwithstanding the dates paragraphs (1), (2), and (3) of this subdivision, for the owner or operator of a CAIR NOx Ozone Season opt-in unit under Subpart 243-9, by the date on which the CAIR NOx Ozone Season opt-in unit enters the CAIR NOx Ozone Season Trading Program as provided in section 243-9.5(g) of this Part.

(c) Reporting data.

The owner or operator of a CAIR NOx Ozone Season 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 NOx concentration, NOx emission rate, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine NOx mass emissions and heat input in accordance with 40 CFR 75.31(b)(2) or (c)(3), section 2.4 of appendix D to 40 CFR part 75, or section 2.5 of appendix E to 40 CFR part 75, as applicable.

(d) Prohibitions.

(1) No owner or operator of a CAIR NOx Ozone Season unit shall use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of this Subpart without having obtained prior written approval in accordance with section 243-8.6 of this Subpart.

(2) No owner or operator of a CAIR NOx Ozone Season unit shall operate the unit so as to discharge, or allow to be discharged, NOx emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this Subpart and 40 CFR part 75.

(3) No owner or operator of a CAIR NOx Ozone Season unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOx mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of this Subpart and 40 CFR part 75.

(4) No owner or operator of a CAIR NOx Ozone Season unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under this Subpart, except under any one of the following circumstances:

(i) during the period that the unit is covered by an exemption under section 243-1.5 of this Part that is in effect:

(ii) the owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this Subpart and 40 CFR part 75, by the department for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(iii) the CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with section 243-8.2(d)(3)(i) of this Subpart.

(e) Long-term cold storage. The owner or operator of a CAIR NOx Ozone Season unit is subject to the applicable provisions of 40 CFR Part 75 concerning units in long-term cold storage.

§243-8.2 Initial certification and recertification procedures

(a) The owner or operator of a CAIR NOx Ozone Season unit shall be exempt from the initial certification requirements of this section for a monitoring system under section 243-8.1(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; and

(2) the applicable quality-assurance and quality-control requirements of 40 CFR 75.21 and appendices B, D, and E to 40 CFR part 75 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 243-8.1(a)(1) of this Subpart exempt from initial certification requirements under subdivision (a) of this section.

(c) If the administrator has previously approved a petition under 40 CFR 75.17(a) or (b) for apportioning the NOx emission rate measured in a common stack or a petition under 40 CFR 75.66 for an alternative to a requirement in 40 CFR 75.12 or 40 CFR 75.17, the CAIR designated representative shall resubmit the petition to the administrator under section 243-8.6(a) of this Subpart to determine whether the approval applies under the CAIR NOx Ozone Season Trading Program.

(d) Except as provided in subdivision (a) of this section, the owner or operator of a CAIR NOx Ozone Season unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system (i.e., a continuous emission monitoring system and an excepted monitoring system under appendices D and E to 40 CFR part 75) under section 243-8.1(a)(1) of this Subpart. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology under 40 CFR 75.19 or that qualifies to use an alternative monitoring system under Subpart E of 40 CFR part 75 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 monitoring system under section 243-8.1(a)(1) of this Subpart (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 243-8.1(b) of this Subpart. In addition, whenever the owner or operator installs a monitoring system 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 is required.

(2) Requirements for recertification. Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system under section 243-8.1(a)(1) of this Subpart that may significantly affect the ability of the system to accurately measure or record NOx mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR part 75, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20(b). Furthermore, 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 whose accuracy is potentially affected by the change, in accordance with 40 CFR 75.20(b). 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. Any fuel flowmeter systems, and any excepted NOx monitoring system under appendix E to 40 CFR part 75, under section 243-8.1(a)(1) of this Subpart are subject to the recertification requirements in 40 CFR 75.20(g)(6) .

(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 243-8.1(a)(1) of this Subpart. For recertifications, replace the words "certification" and "initial certification" with the word "recertification", replace the word "certified" with the word "recertified," and follow the procedures in 40 CFR 75.20(b)(5) and (g)(7) in lieu of the procedures in subparagraph (v) of this paragraph.

(i) Notification of certification. The CAIR designated representative shall submit to the department, the appropriate EPA Regional Office, and the administrator written notice of the dates of certification testing, in accordance with section 243-8.4 of this Subpart.

(ii) Certification application. The CAIR designated representative 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 CAIR NOx Ozone Season Trading 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 CAIR NOx Ozone Season 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, 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 CAIR designated representative must submit the additional information required to complete the certification application. If the CAIR designated 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 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 or, for a CAIR NOx Ozone Season opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, the administrator may issue a notice of disapproval of the certification status of a monitor in accordance with section 243-8.3(b) of this Subpart.

(v) Procedures for loss of certification. If the department or the administrator issues a notice of disapproval of a certification application under clause (c) of this paragraph or a notice of disapproval of certification status under clause (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 specified under 40 CFR part 75.20(a)(4)(iii), 75.20(g)(7), or 75.21(e) and continuing until the applicable date and hour specified under 40 CFR 75.20(a)(5)(i) or (g)(7):

(1) for a disapproved NOx emission rate (i.e., NOx-diluent) system, the maximum potential NOx emission rate, as defined in 40 CFR 72.2;

(2) for a disapproved NOx pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of NOx and the maximum potential flow rate, as defined in sections 2.1.2.1 and 2.1.4.1 of appendix A to 40 CFR part 75;

(3) 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 2.1.5, 2.1.3.1, and 2.1.3.2 of appendix A to 40 CFR part 75;

(4) for a disapproved fuel flowmeter system, the maximum potential fuel flow rate, as defined in section 2.4.2.1 of appendix D to 40 CFR part 75;

(5) for a disapproved excepted NOx monitoring system under appendix E to 40 CFR part 75, the fuel-specific maximum potential NOx emission rate, as defined in 40 CFR 72.2.

(b) The CAIR designated representative 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 or the administrator'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 units using the low mass emission accepted methodology under 40 CFR 75.19. The owner or operator of a unit qualified to use the low mass emissions (LME) excepted methodology under 40 CFR 75.19 shall meet the applicable certification and recertification requirements in 40 CFR 75.19(a)(2) and 75.20(h). If the owner or operator of such a unit elects to certify a fuel flowmeter system for heat input determination, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g).

(f) Certification/recertification procedures for alternative monitoring systems. The CAIR designated 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 shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

§243-8.3 Out of control periods

(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 subpart D or H of, or appendix D or E to, 40 CFR part 75.

(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 243-8.2 of this Subpart 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 or, for a CAIR NOx Ozone Season opt-in unit or a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, the administrator 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 or the administrator 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 section 243-8.2 of this Subpart for each disapproved monitoring system.

§243-8.4 Notifications

The CAIR designated representative for a CAIR NOx Ozone Season unit shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61.

§243-8.5 Recordkeeping and reporting

(a) General provisions. The CAIR designated representative shall comply with all recordkeeping and reporting requirements in this section, the applicable recordkeeping and reporting requirements under 40 CFR 75.73, and the requirements of section 243-2.1(e)(1) of this Part.

(b) Monitoring plans. The owner or operator of a CAIR NOx Ozone Season unit shall comply with requirements of 40 CFR 75.73(c) and (e) and, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, sections 243-9.4 and 243-9.5(a) of this Part.

(c) Certification applications. The CAIR designated representative shall submit an application to the department within 45 days after completing all initial certification or recertification tests required under section 243-8.2 of this Subpart, including the information required under 40 CFR 75.63.

(d) Quarterly reports. The CAIR designated representative shall submit quarterly reports, as follows:

(1) If the CAIR NOx Ozone Season unit is subject to an Acid Rain emissions limitation or a CAIR NOx emissions limitation or if the owner or operator of such unit chooses to report on an annual basis under this Subpart, the CAIR designated representative shall meet the requirements of subpart H of 40 CFR part 75 (concerning monitoring of NOx mass emissions) for such unit for the entire year and shall report the NOx mass emissions data and heat input data for such unit, in an electronic quarterly report in a format prescribed by the administrator, for each calendar quarter beginning with:

(i) for a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(ii) for a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under section 243-8.1(b) of this Subpart, unless that quarter is the third or fourth quarter of 2007 or the first quarter of 2008, in which case reporting shall commence in the quarter covering May 1, 2008 through June 30, 2008;

(iii) notwithstanding subparagraphs (i) and (ii) of this paragraph, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, the calendar quarter corresponding to the date specified in section 243-9.5(b) of this Part; and

(iv) notwithstanding subparagraphs (i) and (ii) of this paragraph, for a CAIR NOx Ozone Season opt-in unit under Subpart 243-9 of this Part, the calendar quarter corresponding to the date on which the CAIR NOx Ozone Season opt-in unit enters the CAIR NOx Ozone Season Trading Program as provided in section 243-9.5(g) of this Part.

(2) If the CAIR NOx Ozone Season unit is not subject to an Acid Rain emissions limitation or a CAIR NOx emissions limitation, then the CAIR designated representative shall either:

(i) meet the requirements of subpart H of 40 CFR part 75 (concerning monitoring of NOx mass emissions) for such unit for the entire year and report the NOx mass emissions data and heat input data for such unit in accordance with paragraph (1) of this subdivision; or

(ii) meet the requirements of subpart H of 40 CFR part 75 for the control period (including the requirements in 40 CFR 75.74[c]) and report NOx mass emissions data and heat input data (including the data described in 40 CFR 75.74[c][6]) for such unit only for the control period of each year and report, in an electronic quarterly report in a format prescribed by the administrator, for each calendar quarter beginning with:

(a) for a unit that commences commercial operation before July 1, 2007, the calendar quarter covering May 1, 2008 through June 30, 2008;

(b) for a unit that commences commercial operation on or after July 1, 2007, the calendar quarter corresponding to the earlier of the date of provisional certification or the applicable deadline for initial certification under section 243-8.1(b) of this Subpart, unless that date is not during a control period, in which case reporting shall commence in the quarter that includes May 1st through June 30th of the first control period after such date;

(c) notwithstanding clauses (a) and (b) of this subparagraph, for a unit for which a CAIR opt-in permit application is submitted and not withdrawn and a CAIR opt-in permit is not yet issued or denied under Subpart 243-9 of this Part, the calendar quarter corresponding to the date specified in section 243-9.5(b) of this Part; and

(d) notwithstanding clauses (a) and (b) of this subparagraph, for a CAIR NOx Ozone Season opt-in unit under Subpart 243-9 of this Part, the calendar quarter corresponding to the date on which the CAIR NOx Ozone Season opt-in unit enters the CAIR NOx Ozone Season Trading Program as provided in section 243-9.5(g) of this Part.

(3) The CAIR designated representative shall submit each quarterly report to 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 75.73(f).

(4) For CAIR NOx Ozone Season units that are also subject to an Acid Rain emissions limitation or the CAIR NOx Annual Trading Program, CAIR SO2 Trading Program, or the Mercury Reduction Program for coal-fired electric utility steam generating units (Part 246 of this Title), quarterly reports shall include the applicable data and information required by subparts F through I of 40 CFR part 75 as applicable, in addition to the NOx mass emission data, heat input data, and other information required by this Subpart.

(e) Compliance certification. The CAIR designated representative shall submit to the administrator a compliance certification (in a format prescribed by the administrator) 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 this Subpart and 40 CFR part 75, including the quality assurance procedures and specifications;

(2) for a unit with add-on NOx emission controls and for all hours where NOx data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B to 40 CFR part 75 and the substitute data values do not systematically underestimate NOx emissions; and

(3) for a unit that is reporting on a control period basis under subparagraph (d)(2)(ii) of this section, the NOx emission rate and NOx concentration values substituted for missing data under subpart D of 40 CFR part 75 are calculated using only values from a control period and do not systematically underestimate NOx emissions.

§243-8.6 Petitions

(a) Except as provided in paragraph (b)(2) of this section, the CAIR designated representative of a CAIR NOx Ozone Season unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the administrator requesting approval to apply an alternative to any requirement of this Subpart. Application of an alternative to any requirement of this Subpart is in accordance with this Subpart only to the extent that the petition is approved in writing by the administrator, in consultation with the department.

(b) (1) The CAIR designated representative of a CAIR NOx Ozone Season unit that is not subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the department and the administrator requesting approval to apply an alternative to any requirement of this Subpart. Application of an alternative to any requirement of this Subpart is in accordance with this Subpart only to the extent that the petition is approved in writing by both the department and the administrator.

(2) The CAIR designated representative of a CAIR NOx Ozone Season unit that is subject to an Acid Rain emissions limitation may submit a petition under 40 CFR 75.66 to the department and the administrator requesting approval to apply an alternative to a requirement concerning any additional continuous emission monitoring system required under 40 CFR 75.72. Application of an alternative to any such requirement is in accordance with this Subpart only to the extent that the petition is approved in writing by both the department and the administrator.