Sec. 246.7. Monitoring and reporting

General requirements. Any owner or operator of a MRP facility shall comply with the monitoring, recordkeeping, 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, recordkeeping, 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.