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Subpart 242-8: Monitoring and Reporting

(Statutory authority: Environmental Conservation Law, §§ Environmental Conservation Law, §§ 1-0101, 1-0303, 3-0301, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 24-0103, 25-0102, 34-0108, 49-0309, 71-2103, 71-2105; Energy Law, §§ 3-101, 3-103; Public Authorities Law, §§ 1850, 1851, 1854, 1855)

[Filed 11/27/13. Effective 1/1/14.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

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.

§242-8.1 General requirements

The owners and operators, and to the extent applicable, the CO2 authorized account representative of a CO2 budget unit, shall comply with the monitoring, recordkeeping and reporting requirements as provided in this Subpart and all applicable sections of 40 CFR part 75 (see Table 1, section 200.9 of this Title). Where referenced in the Subpart, the monitoring requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO2 mass emissions pursuant to this Subpart. For purposes of complying with such requirements, the definitions in section 242-1.2 of this Part and in 40 CFR 72.2 (see Table 1, section 200.9 of this Title) shall apply, and the terms "affected unit," "designated representative," and "continuous emissions monitoring system" (or "CEMS") in 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be replaced by the terms "CO2 budget unit," "CO2 authorized account representative," and "continuous emissions monitoring system" (or "CEMS"), respectively, as defined in section 242-1.2 of this Part. For units not subject to an acid rain emissions limitation, the term "administrator" in 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall be replaced with "the department or its agent." Owners or operators of a CO2 budget unit who monitor a non-CO2 budget unit pursuant to the common, multiple, or bypass stack procedures in 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 (see Table 1, section 200.9 of this Title), for purposes of complying with this Part, shall monitor and report CO2 mass emissions from such non-CO2 budget unit according to the procedures for CO2 budget units established in sections 242-8.1 through 242-8.7 of this Subpart.

(a) Requirements for installation, certification, and data accounting. The owner or operator of each CO2 budget unit must meet the following requirements:

(1) Install all monitoring systems necessary to monitor CO2 mass emissions in accordance with 40 CFR part 75 (see Table 1, section 200.9 of this Title), except for equation G1. Equation G1 in appendix G shall not be used to determine CO2 emissions under this Part. This may require systems to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate.

(2) Successfully complete all certification tests required under section 242-8.2 of this Subpart and meet all other requirements of this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title) applicable to the monitoring systems under paragraph (1) of this subdivision.

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

(b) Compliance dates. The owner or operator shall meet the monitoring system certification and other requirements of paragraphs (1) through (3) 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) The owner or operator of a CO2 budget unit, except for a CO2 budget unit under paragraph (2) of this subdivision, that commences commercial operation before July 1, 2008, must comply with the requirements of this Subpart by January 1, 2009.

(2) The owner or operator of a CO2 budget unit that commences commercial operation on or after July 1, 2008 must comply with the requirements of this Subpart by the later of the following dates:

(i) January 1, 2009; or

(ii) the earlier of:

(a) 90 unit operating days after the date on which the unit commences commercial operation; or

(b) 180 calendar days after the date on which the unit commences commercial operation.

(3) For the owner or operator of a CO2 budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under paragraph (1) or (2) of this subdivision by the earlier of:

(i) 90 unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue; or

(ii) 180 calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

(c) Reporting data.

(1) Except as provided in paragraph (2) of this subdivision, the owner or operator of a CO2 budget unit that does not meet the applicable compliance date set forth in paragraphs (b)(1), (2) and (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 maximum potential (or as appropriate minimum potential) values for CO2 concentration, CO2 emissions rate, stack gas moisture content, fuel flow rate, heat input and any other parameter required to determine CO2 mass emissions in accordance with 40 CFR 75.31(b)(2) or (c)(3), or section 2.4 of appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title) as applicable.

(2) The owner or operator of a CO2 budget 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 subpart D or appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title), 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.

(3) Low Mass Emissions Methodologies (LME).

(i) CO2 budget units subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title that qualify for the optional SO2, NOx, and CO2 (for acid rain) or NOx (for Parts 243, 244 and 245 of this Title ) emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) and report emissions for such programs using the calculations under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), shall also use the CO2 emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) for purposes of compliance with this Subpart.

(ii) CO2 budget units subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title that do not qualify for the optional SO2, NOx, and CO2 (for acid rain) or NOx (for Parts 243, 244 and 245 of this Title ) emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), shall not use the CO2 emissions calculations for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title) for purposes of compliance with this Subpart.

(iii) CO2 budget units not subject to an acid rain emissions limitation or Parts 243, 244 and 245 of this Title shall qualify for the optional CO2 emissions calculation for LME units under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), provided that they emit less than 100 tons of NOx annually and no more than 25 tons of SO2 annually.

(d) Prohibitions.

(1) No owner or operator of a CO2 budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emissions monitoring system without having obtained prior written approval in accordance with section 242-8.6 of this Subpart.

(2) No owner or operator of a CO2 budget unit shall operate the unit so as to discharge, or allow to be discharged, CO2 emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title).

(3) No owner or operator of a CO2 budget unit shall disrupt the continuous emissions monitoring system, any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO2 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 this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title).

(4) No owner or operator of a CO2 budget unit shall retire or permanently discontinue use of the continuous emissions monitoring system, any component thereof, or any other approved emissions monitoring system under this Subpart, 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 this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title), by the department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(ii) the CO2 authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with section 242-8.2(d)(3)(i) of this Subpart.

§242-8.2 Initial certification and recertification procedures

(a) The owner or operator of a CO2 budget unit shall be exempt from the initial certification requirements of this section for a monitoring system under section 242-8.1(a)(1) of this Subpart if the following conditions are met:

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

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

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

(c) Not withstanding subdivision (a) of this section, if the administrator has previously approved a petition under 40 CFR 75.72(b)(2)(ii), or 40 CFR 75.16(b)(2)(ii)(B) as pursuant to 40 CFR 75.13 (see Table 1, section 200.9 of this Title) for apportioning the CO2 emissions rate measured in a common stack or a petition under 40 CFR 75.66 (see Table 1, section 200.9 of this Title) of this chapter for an alternative requirement in 40 CFR part 75 (see Table 1, section 200.9 of this Title), the CO2 authorized account representative shall submit the petition to the department under section 242-8.6(a) of this Subpart to determine whether the approval applies under this program.

(d) Except as provided in subdivision (a) of this section, the owner or operator of a CO2 budget unit shall comply with the following initial certification and recertification procedures for a continuous emissions monitoring system and an excepted monitoring system under appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title) and under section 242-8.1(a)(1) of this Subpart. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 CFR 75.19 (see Table 1, section 200.9 of this Title) or that qualifies to use an alternative monitoring system under subpart E of 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall comply with the procedures in subdivision (e) or (f) of this section, respectively.

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

(2) Requirements for recertification.

(i) Whenever the owner or operator makes a replacement, modification, or change in a certified continuous emissions monitoring system under section 242-8.1(a)(1) of this Subpart that the administrator or the department determines significantly affects the ability of the system to accurately measure or record CO2 mass emissions or heat input or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or appendix B to 40 CFR part 75 (see Table 1, section 200.9 of this Title), the owner or operator shall recertify the monitoring system according to 40 CFR 75.20(b) (see Table 1, section 200.9 of this Title).

(ii) For systems using stack measurements such as stack flow, stack moisture content, CO2 or O2 monitors, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the administrator or the department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 CFR 75.20(b) (see Table 1, section 200.9 of this Title). Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate monitor polynomial coefficients.

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

(i) Notification of certification. The CO2 authorized account representative shall submit to the department or its agent, the appropriate EPA regional office and the administrator a written notice of the dates of certification in accordance with section 242-8.4 of this Subpart.

(ii) Certification application. The CO2 authorized account representative shall submit to the department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63 (see Table 1, section 200.9 of this Title).

(iii) Provisional certification data. The provisional certification date for a monitor shall be determined in accordance with 40 CFR 75.20(a)(3) (see Table 1, section 200.9 of this Title). A provisionally certified monitor may be used under the CO2 budget Trading Program for a period not to exceed 120 days after receipt by the department of the complete certification application for the monitoring system or component thereof under subparagraph (ii) of this paragraph. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title), will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of receipt of the complete certification application by the department.

(iv) Certification application approval process. The department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subparagraph (ii) of this paragraph. In the event the department does not issue such a notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title) and is included in the certification application will be deemed certified for use under the CO2 Budget Trading Program.

(a) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title), then the department will issue a written notice of approval of the certification application within 120 days of receipt.

(b) Incomplete application notice. If the certification application is not complete, then the department will issue a written notice of incompleteness that sets a reasonable date by which the CO2 authorized account representative must submit the additional information required to complete the certification application. If the CO2 authorized account representative does not comply with the notice of incompleteness by the specified date, then the department may issue a notice of disapproval under clause (c) of this subparagraph. The 120 day review period shall not begin before receipt of a complete certification application.

(c) Disapproval notice. If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title), or if the certification application is incomplete and the requirement for disapproval under clause (b) of this subparagraph is met, then the department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the department and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in subparagraph (v) of this paragraph for each monitoring system or component thereof, which is disapproved for initial certification.

(d) Audit decertification. The department may issue a notice of disapproval of the certification status of a monitor in accordance with section 242-8.3(b) of this Subpart.

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

(a) the owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 CFR 75.20(a)(5)(i) or 40 CFR 75.20(g)(7) (see Table 1, section 200.9 of this Title):

(1) for units using or intending to monitor for CO2 mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 CFR 75.19 (see Table 1, section 200.9 of this Title), the maximum potential hourly heat input of the unit; or

(2) for units intending to monitor for CO2 mass emissions using a CO2 pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO2 and the maximum potential flow rate of the unit under section 2.1 of appendix A of 40 CFR part 75 (see Table 1, section 200.9 of this Title);

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

(c) the owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(e) Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under section 242-8.1(c)(2) of this Subpart. The owner or operator of a unit qualified to use the low mass emissions accepted methodology under section 242-8.1(c)(2) of this Subpart shall meet the applicable certification and recertification requirements of 40 CFR 75.19(a)(2), 40 CFR 75.20(h) (see Table 1, section 200.9 of this Title) and section 242-8.2 of this Subpart. If the owner or operator of such a unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 CFR 75.20(g) (see Table 1, section 200.9 of this Title).

(f) Certification/recertification procedures for alternative monitoring systems. The CO2 authorized account of each unit for which the owner or operator intends to use an alternative monitoring system approved by the administrator and, if applicable, the department under subpart E of 40 CFR part 75 (see Table 1, section 200.9 of this Title) shall comply with the applicable notification and application procedures of 40 CFR 75.20(f) (see Table 1, section 200.9 of this Title).

§242-8.3 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 (see Table 1, section 200.9 of this Title), data shall be substituted using the applicable procedures in subpart D or appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title).

(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 242-8.2 of this Subpart or the applicable provisions of 40 CFR part 75 (see Table 1, section 200.9 of this Title), both at the time of the initial certification or recertification application submission and at the time of the audit, the department or 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 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 initial certification or recertification procedures in section 242-8.2 of this Subpart for each disapproved monitoring system.

§242-8.4 Notifications

The CO2 authorized account representative for a CO2 budget unit shall submit written notice to the department and the administrator in accordance with 40 CFR 75.61 (see Table 1, section 200.9 of this Title).

§242-8.5 Recordkeeping and reporting

(a) General provisions. The CO2 authorized account representative shall comply with all recordkeeping and reporting requirements in this section, the applicable record keeping and reporting requirements under 40 CFR 75.73 (see Table 1, section 200.9 of this Title) and with the requirements of section 242-2.1(e) of this Part.

(b) Monitoring plans. The owner or operator of a CO2 budget unit shall submit a monitoring plan in the manner prescribed in 40 CFR 75.62 (see Table 1, section 200.9 of this Title).

(c) Certification applications. The CO2 authorized account representative shall submit an application to the department within 45 days after completing all CO2 monitoring system initial certification or recertification tests required under section 242-8.2 of this Subpart including the information required under 40 CFR 75.63 and 40 CFR 75.53(e) and (f) (see Table 1, section 200.9 of this Title).

(d) Quarterly reports. The CO2 authorized account representative shall submit quarterly reports, as follows:

(1) The CO2 authorized account representative shall report the CO2 mass emissions data and heat input data for the CO2 budget unit, in an electronic format prescribed by the administrator unless otherwise prescribed by the department 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 commencing 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 242-8.1(b) of this Part or, 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) The CO2 authorized account representative shall submit each quarterly report to the department or its agent within 30 days following the end of the calendar quarter covered by the report. Quarterly reports shall be submitted in the manner specified in subpart H of 40 CFR part 75 and 40 CFR 75.64 (see Table 1, section 200.9 of this Title). Quarterly reports shall be submitted for each CO2 budget unit (or group of units using a common stack), and shall include all of the data and information required in subpart G of 40 CFR part 75 (see Table 1, section 200.9 of this Title), except for opacity, NOx, and SO2 provisions.

(3) Compliance certification. The CO2 authorized account representative shall submit to the department or its agent 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:

(i) the monitoring data submitted were recorded in accordance with the applicable requirements of this Subpart and 40 CFR part 75 (see Table 1, section 200.9 of this Title), including the quality assurance procedures and specifications;

(ii) for a unit with add-on CO2 emissions controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1) (see Table 1, section 200.9 of this Title), the add-on emissions controls were operating within the range of parameters listed in the quality assurance/quality control program under appendix B of 40 CFR part 75 (see Table 1, section 200.9 of this Title) and the substitute values do not systematically underestimate CO2 emissions; and

(iii) the CO2 concentration values substituted for missing data under Subpart D of 40 CFR part 75 (see Table 1, section 200.9 of this Title) do not systematically underestimate CO2 emissions.

§242-8.6 Petitions

(a) Except as provided in subdivision (c) of this section, the CO2 authorized account representative of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition under to the administrator under 40 CFR 75.66 (see Table 1, section 200.9 of this Title) and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75 (see Table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR Part 75 (see Table 1, section 200.9 of this Title) is in accordance with this Subpart only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department.

(b) Petitions for a CO2 budget unit that is not subject to an acid rain emissions limitation.

(1) The CO2 authorized account representative of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the administrator under 40 CFR 75.66 (see Table 1, section 200.9 of this Title) and to the department requesting approval to apply an alternative to any requirement of 40 CFR Part 75 (see Table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR Part 75 is in accordance with this Subpart only to the extent that the petition is approved in writing by the administrator, and subsequently approved in writing by the department.

(2) In the event that the administrator declines to review a petition under this Subpart, the CO2 authorized account representative of a CO2 budget unit that is not subject to an acid rain emissions limitation may submit a petition to the department requesting approval to apply an alternative to any requirement of this Subpart. That petition shall contain all of the relevant information specified in 40 CFR 75.66 (see Table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR 75.66 (see Table 1, section 200.9 of this Title). Application of an alternative to any requirement of 40 CFR part 75 (see Table 1, section 200.9 of this Title) is in accordance with this Subpart only to the extent that the petition is approved in writing by the department.

(c) The CO2 authorized account representative of a CO2 budget unit that is subject to an acid rain emissions limitation may submit a petition under 40 CFR 75.66 (see Table 1, section 200.9 of this Title) to the administrator requesting approval to apply an alternative to a requirement concerning any additional CEMS required under the common stack provisions of 40 CFR 75.72 (see Table 1, section 200.9 of this Title) or a CO2 concentration CEMS used under 40 CFR 75.71(a)(2) (see Table 1, section 200.9 of this Title). Application of an alternative to any requirement of this Subpart is in accordance with this Subpart only to the extent the petition is approved in writing by both the department and the administrator.

§242-8.7 CO2 budget units that co-fire eligible biomass

(a) The CO2 authorized account representative of a CO2 budget unit that co-fires eligible biomass as a compliance mechanism under this Part shall report the following information to the department or its agent for each calendar quarter:

(1) For each shipment of solid eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel input, on an as-fired basis, in pounds.

(2) For each shipment of solid eligible biomass fuel fired at the CO2 budget unit, the moisture content, on an as-fired basis, as a fraction by weight.

(3) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the density of the biogas, on an as-fired basis, in pounds per standard cubic foot.

(4) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the moisture content of the biogas, as a fraction by total weight.

(5) For each distinct type of gaseous eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel input, in standard cubic feet.

(6) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the dry basis carbon content of the fuel type, as a fraction by dry weight.

(7) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the dry basis higher heating value, in MMBtu per dry pound.

(8) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the total dry basis eligible biomass fuel input, in pounds, calculated in accordance with subdivision (b) of this section.

(9) The total amount of CO2 emitted from the CO2 budget unit due to firing eligible biomass fuel, in tons, calculated in accordance with subdivision (c) of this section.

(10) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, the total eligible biomass fuel heat input, in MMBtu, calculated in accordance with paragraph (d)(1) of this section.

(11) The total amount of heat input to the CO2 budget unit due to firing eligible biomass fuel, in MMBtu, calculated in accordance with paragraph (d)(2) of this section.

(12) Description and documentation of monitoring technology employed, and description and documentation of fuel sampling methodology employed, including sampling frequency; and,

(13) For each distinct type of eligible biomass fuel fired at the CO2 budget unit, chemical analysis, including heating value and carbon content.

(b) An owner or operator of a CO2 budget unit shall calculate and submit to the department or its agent on a quarterly basis the total dry weight for each distinct type of eligible biomass fired by the CO2 budget unit during the reporting quarter. The total dry weight shall be determined for each fuel type as follows:

(1) For solid fuel types:

Formula fo solid fuel types

where:

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j;

Fi = Eligible biomass as fired fuel input (lbs) for fired shipment i;

Mi = Moisture content (fraction) for fired shipment i;

i = fired fuel shipment;

j = fuel type; and,

m = number of shipments.

(2) For gaseous fuel types:

Fj = Dj × Vj × (1 - Mj)

where:

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j;

Dj = Density of biogas (lbs/scf) for fuel type j;

Vj = Total volume (scf) for fuel type j;

Mj = Moisture content (fraction) for fuel type j,

j = fuel type.

(c) CO2 emissions due to firing of eligible biomass shall be determined as follows:

(1) for any full calendar quarter during which no fuel other than eligible biomass is combusted at the CO2 budget unit, as measured and recorded in accordance with sections 242-8.1 through 242-8.6 of this Subpart; or

(2) for any full calendar quarter during which fuels other than eligible biomass are combusted at the CO2 budget unit, as determined using the following equation:

CO2 emission formula

where:

CO2 tons = CO2 emissions due to firing of eligible biomass for the reporting quarter;

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j, as calculated in subdivision (b) of this section;

Cj = carbon fraction (dry basis) for fuel type j;

Oj = Oxidation factor for eligible biomass fuel type j, derived for solid fuels based on the ash content of the eligible biomass fired and the carbon content of this ash, as determined pursuant to paragraph (a)(12) of this section; for gaseous eligible biomass fuels, a default oxidation factor of 0.995 may be used;

44/12 = The number of tons of carbon dioxide that are created when one ton of carbon is combusted (44/12);

0.0005 = The number of short tons which is equal to one pound;

j = fuel type; and,

n = number of distinct fuel types.

(d) Heat input due to firing of eligible biomass for each quarter shall be determined as follows:

(1) For each distinct fuel type:

Hj = Fj × HHVj

where:

Hj = Heat input (MMBtu) for fuel type j;

Fj = Total eligible biomass dry basis fuel input (lbs) for fuel type j, as calculated in subdivision (b) of this section;

HHVj = Higher heating value (MMBtu/lb), dry basis, for fuel type j, as determined through chemical analysis;

j = fuel type.

(2) For all fuel types:

Formula for Heat Input MMBtu for all fuel types

where:

Hj = Heat input (MMBtu) for fuel type j;

j = fuel type; and,

n = number of distinct fuel types.

(e) Fuel sampling methods and fuel sampling technology shall be consistent with the New York State Renewable Portfolio Standard Biomass Power Guide September 2011 (see Table 1, section 200.9 of this Title).