§ 75.20 Initial certification and recertification procedures.

(a) Initial certification approval process. The owner or operator shall ensure that each continuous emission or opacity monitoring system required by this part meets the initial certification requirements of this section and shall ensure that all applicable initial certification tests under paragraph (c) of this section are completed by the deadlines specified in § 75.4 and prior to use in the Acid Rain Program. In addition, whenever the owner or operator installs a continuous emission or opacity monitoring system in order to meet the requirements of §§ 75.11 through 75.18, where no continuous emission or opacity monitoring system was previously installed, initial certification is required.

(1) Notification of initial certification test dates. The owner or operator or designated representative shall submit a written notice of the dates of initial certification testing at the unit as specified in § 75.61(a)(1).

(2) Certification application. The owner or operator shall apply for certification of each continuous emission or opacity monitoring system used under the Acid Rain Program. The owner or operator shall submit the certification application in accordance with § 75.60 and each complete certification application shall include the information specified in § 75.63.

(3) Provisional approval of certification (or recertification) applications. Upon the successful completion of the required certification (or recertification) procedures of this section, each continuous emission or opacity monitoring system shall be deemed provisionally certified (or recertified) for use under the Acid Rain Program for a period not to exceed 120 days following receipt by the Administrator of the complete certification (or recertification) application under paragraph (a)(4) of this section. Notwithstanding this paragraph, no continuous emission or opacity monitor systems for a combustion source seeking to enter the Opt-in Program in accordance with part 74 of this chapter shall be deemed provisionally certified (or recertified) for use under the Acid Rain Program. Data measured and recorded by a provisionally certified (or recertified) continuous emission or opacity monitoring system , operated in accordance with the requirements of appendix B to this part, will be considered valid quality-assured data (retroactive to the date and time of provisional certification or recertification), provided that the Administrator does not invalidate the provisional certification (or recertification) by issuing a notice of disapproval within 120 days of receipt by the Administrator of the complete certification (or recertification) application. Note that when the conditional data validation procedures of paragraph (b)(3) of this section are used for the initial certification (or recertification) of a continuous emissions monitoring system, the date and time of provisional certification (or recertification) of the CEMS may be earlier than the date and time of completion of the required certification (or recertification) tests.

(4) Certification (or recertification) application formal approval process. The Administrator will issue a notice of approval or disapproval of the certification (or recertification) application to the owner or operator within 120 days of receipt of the complete certification (or recertification) application. In the event the Administrator does not issue such a notice within 120 days of receipt, each continuous emission or opacity monitoring system which meets the performance requirements of this part and is included in the certification (or recertification) application will be deemed certified (or recertified) for use under the Acid Rain Program.

(i) Approval notice. If the certification (or recertification) application is complete and shows that each continuous emission or opacity monitoring system meets the performance requirements of this part, then the Administrator will issue a notice of approval of the certification (or recertification) application within 120 days of receipt.

(ii) Incomplete application notice. A certification (or recertification) application will be considered complete when all of the applicable information required to be submitted in § 75.63 has been received by the Administrator, the EPA Regional Office, and the appropriate State and/or local air pollution control agency. If the certification (or recertification) application is not complete, then the Administrator will issue a notice of incompleteness that provides a reasonable timeframe for the designated representative to submit the additional information required to complete the certification (or recertification) application. If the designated representative has not complied with the notice of incompleteness by a specified due date, then the Administrator may issue a notice of disapproval specified under paragraph (a)(4)(iii) of this section. The 120-day review period shall not begin prior to receipt of a complete application.

(iii) Disapproval notice. If the certification (or recertification) application shows that any continuous emission or opacity monitoring system does not meet the performance requirements of this part, or if the certification (or recertification) application is incomplete and the requirement for disapproval under paragraph (a)(4)(ii) of this section has been met, the Administrator shall issue a written notice of disapproval of the certification (or recertification) application within 120 days of receipt. By issuing the notice of disapproval, the provisional certification (or recertification) is invalidated by the Administrator, and the data measured and recorded by each uncertified continuous emission or opacity monitoring system shall not be considered valid quality-assured data as follows: from the hour of the probationary calibration error test that began the initial certification (or recertification) test period (if the conditional data validation procedures of paragraph (b)(3) of this section were used to retrospectively validate data); or from the date and time of completion of the invalid certification or recertification tests (if the conditional data validation procedures of paragraph (b)(3) of this section were not used). The owner or operator shall follow the procedures for loss of initial certification in paragraph (a)(5) of this section for each continuous emission or opacity monitoring system which is disapproved for initial certification. For each disapproved recertification, the owner or operator shall follow the procedures of paragraph (b)(5) of this section.

(iv) Audit decertification. The Administrator may issue a notice of disapproval of the certification status of a continuous emission or opacity monitoring system, in accordance with § 75.21.

(5) Procedures for loss of certification. When the Administrator issues a notice of disapproval of a certification application or a notice of disapproval of certification status (as specified in paragraph (a)(4) of this section), then:

(i) Until such time, date, and hour as the continuous emission monitoring system can be adjusted, repaired, or replaced and certification tests successfully completed (or, if the conditional data validation procedures in paragraphs (b)(3)(ii) through (b)(3)(ix) of this section are used, until a probationary calibration error test is passed following corrective actions in accordance with paragraph (b)(3)(ii) of this section), the owner or operator shall substitute the following values, as applicable, for each hour of unit operation during the period of invalid data specified in paragraph (a)(4)(iii) of this section or in § 75.21: the maximum potential concentration of SO₂, as defined in section 2.1.1.1 of appendix A to this part, to report SO₂ concentration; the maximum potential NO_X emission rate, as defined in § 72.2 of this chapter, to report NO_X emissions in lb/mmBtu; the maximum potential concentration of NO_X, as defined in section 2.1.2.1 of appendix A to this part, to report NO_X emissions in ppm (when a NO_X concentration monitoring system is used to determine NO_X mass emissions, as defined under § 75.71(a)(2)); the maximum potential flow rate, as defined in section 2.1.4.1 of appendix A to this part, to report volumetric flow; the maximum potential concentration of CO₂, as defined in section 2.1.3.1 of appendix A to this part, to report CO₂ concentration data; and either the minimum potential moisture percentage, as defined in section 2.1.5 of appendix A to this part or, if Equation 19–3, 19–4 or 19–8 in Method 19 in appendix A to part 60 of this chapter is used to determine NO_X emission rate, the maximum potential moisture percentage, as defined in section 2.1.6 of appendix A to this part; and

(ii) The designated representative shall submit a notification of certification retest dates as specified in § 75.61(a)(1)(ii) and a new certification application according to the procedures in paragraph (a)(2) of this section; and

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

(b) Recertification approval process. Whenever the owner or operator makes a replacement, modification, or change in a certified continuous emission monitoring system or continuous opacity monitoring system that may significantly affect the ability of the system to accurately measure or record the SO₂ or CO₂ concentration, stack gas volumetric flow rate, NO_X emission rate, NO_X concentration, percent moisture, or opacity, or to meet the requirements of § 75.21 or appendix B to this part, the owner or operator shall recertify the continuous emission monitoring system or continuous opacity monitoring system, according to the procedures in this paragraph. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the flow or concentration profile, the owner or operator shall recertify the monitoring system according to the procedures in this paragraph. Examples of changes which require recertification include: replacement of the analyzer; change in location or orientation of the sampling probe or site; and complete replacement of an existing continuous emission monitoring system or continuous opacity monitoring system. The owner or operator shall also recertify the continuous emission monitoring systems for a unit that has recommenced commercial operation following a period of long-term cold storage as defined in § 72.2 of this chapter. The owner or operator shall recertify a continuous opacity monitoring system whenever the monitor path length changes or as required by an applicable State or local regulation or permit. Any change to a flow monitor or gas monitoring system for which a RATA is not necessary shall not be considered a recertification event. In addition, changing the polynomial coefficients or K factor(s) of a flow monitor shall require a 3-load RATA, but is not considered to be a recertification event; however, records of the polynomial coefficients or K factor (s) currently in use shall be maintained on-site in a format suitable for inspection. Changing the coefficient or K factor(s) of a moisture monitoring system shall require a RATA, but is not considered to be a recertification event; however, records of the coefficient or K factor (s) currently in use by the moisture monitoring system shall be maintained on-site in a format suitable for inspection. In such cases, any other tests that are necessary to ensure continued proper operation of the monitoring system (e.g., 3-load flow RATAs following changes to flow monitor polynomial coefficients, linearity checks, calibration error tests, DAHS verifications, etc.) shall be performed as diagnostic tests, rather than as recertification tests. The data validation procedures in paragraph (b)(3) of this section shall be applied to RATAs associated with changes to flow or moisture monitor coefficients, and to linearity checks, 7-day calibration error tests, and cycle time tests, when these are required as diagnostic tests. When the data validation procedures of paragraph (b)(3) of this section are applied in this manner, replace the word “recertification” with the word “diagnostic.”