42 U.S.C. § 7651k : US Code - Section 7651K: Monitoring, reporting, and recordkeeping requirements

Search 42 U.S.C. § 7651k : US Code - Section 7651K: Monitoring, reporting, and recordkeeping requirements

(a) Applicability
The owner and operator of any source subject to this subchapter
shall be required to install and operate CEMS on each affected unit
at the source, and to quality assure the data for sulfur dioxide,
nitrogen oxides, opacity and volumetric flow at each such unit. The
Administrator shall, by regulations issued not later than eighteen
months after November 15, 1990, specify the requirements for CEMS,
for any alternative monitoring system that is demonstrated as
providing information with the same precision, reliability,
accessibility, and timeliness as that provided by CEMS, and for
recordkeeping and reporting of information from such systems. Such
regulations may include limitations or the use of alternative
compliance methods by units equipped with an alternative monitoring
system as may be necessary to preserve the orderly functioning of
the allowance system, and which will ensure the emissions
reductions contemplated by this subchapter. Where 2 or more units
utilize a single stack, a separate CEMS shall not be required for
each unit, and for such units the regulations shall require that
the owner or operator collect sufficient information to permit
reliable compliance determinations for each such unit.
(b) First phase requirements
Not later than thirty-six months after November 15, 1990, the
owner or operator of each affected unit under section 7651c of this
title, including, but not limited to, units that become affected
units pursuant to subsections (b) and (c) of this section and
eligible units under subsection (d) of this section, shall install
and operate CEMS, quality assure the data, and keep records and
reports in accordance with the regulations issued under subsection
(a) of this section.
(c) Second phase requirements
Not later than January 1, 1995, the owner or operator of each
affected unit that has not previously met the requirements of
subsections (a) and (b) of this section shall install and operate
CEMS, quality assure the data, and keep records and reports in
accordance with the regulations issued under subsection (a) of this
section. Upon commencement of commercial operation of each new
utility unit, the unit shall comply with the requirements of
subsection (a) of this section.
(d) Unavailability of emissions data
If CEMS data or data from an alternative monitoring system
approved by the Administrator under subsection (a) of this section
is not available for any affected unit during any period of a
calendar year in which such data is required under this subchapter,
and the owner or operator cannot provide information, satisfactory
to the Administrator, on emissions during that period, the
Administrator shall deem the unit to be operating in an
uncontrolled manner during the entire period for which the data was
not available and shall, by regulation which shall be issued not
later than eighteen months after November 15, 1990, prescribe means
to calculate emissions for that period. The owner or operator shall
be liable for excess emissions fees and offsets under section 7651j
of this title in accordance with such regulations. Any fee due and
payable under this subsection shall not diminish the liability of
the unit's owner or operator for any fine, penalty, fee or
assessment against the unit for the same violation under any other
section of this chapter.
(e) Prohibition
It shall be unlawful for the owner or operator of any source
subject to this subchapter to operate a source without complying
with the requirements of this section, and any regulations
implementing this section.