Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations 80285

paragraph (b)(23) of this section or in 

the Act, whichever is lower. 

(iv) Major emissions unit means: 

(a) Any emissions unit that emits or 

has the potential to emit 100 tons per 

year or more of the PAL pollutant in an 

attainment area; or

(b) Any emissions unit that emits or 

has the potential to emit the PAL 

pollutant in an amount that is equal to 

or greater than the major source 

threshold for the PAL pollutant as 

defined by the Act for nonattainment 

areas. For example, in accordance with 

the definition of major stationary source 

in section 182(c) of the Act, an 

emissions unit would be a major 

emissions unit for VOC if the emissions 

unit is located in a serious ozone 

nonattainment area and it emits or has 

the potential to emit 50 or more tons of 

VOC per year. 

(v) Plantwide applicability limitation 

(PAL) means an emission limitation 

expressed in tons per year, for a 

pollutant at a major stationary source, 

that is enforceable as a practical matter 

and established source-wide in 

accordance with paragraphs (aa)(1) 

through (15) of this section. 

(vi) PAL effective date generally 

means the date of issuance of the PAL 

permit. However, the PAL effective date 

for an increased PAL is the date any 

emissions unit that is part of the PAL 

major modification becomes operational 

and begins to emit the PAL pollutant. 

(vii) PAL effective period means the 

period beginning with the PAL effective 

date and ending 10 years later. 

(viii) PAL major modification means, 

notwithstanding paragraphs (b)(2) and 

(b)(3) of this section (the definitions for 

major modification and net emissions 

increase), any physical change in or 

change in the method of operation of the 

PAL source that causes it to emit the 

PAL pollutant at a level equal to or 

greater than the PAL. 

(ix) PAL permit means the major NSR 

permit, the minor NSR permit, or the 

State operating permit under a program 

that is approved into the State 

Implementation Plan, or the title V 

permit issued by the Administrator that 

establishes a PAL for a major stationary 

source. 

(x) PAL pollutant means the pollutant 

for which a PAL is established at a 

major stationary source. 

(xi) Significant emissions unit means 

an emissions unit that emits or has the 

potential to emit a PAL pollutant in an 

amount that is equal to or greater than 

the significant level (as defined in 

paragraph (b)(23) of this section or in 

the Act, whichever is lower) for that 

PAL pollutant, but less than the amount 

that would qualify the unit as a major 

emissions unit as defined in paragraph 

(aa)(2)(iv) of this section. 

(3) Permit application requirements.

As part of a permit application 

requesting a PAL, the owner or operator 

of a major stationary source shall submit 

the following information to the 

Administrator for approval: 

(i) A list of all emissions units at the 

source designated as small, significant 

or major based on their potential to 

emit. In addition, the owner or operator 

of the source shall indicate which, if 

any, Federal or State applicable 

requirements, emission limitations, or 

work practices apply to each unit. 

(ii) Calculations of the baseline actual 

emissions (with supporting 

documentation). Baseline actual 

emissions are to include emissions 

associated not only with operation of 

the unit, but also emissions associated 

with startup, shutdown, and 

malfunction. 

(iii) The calculation procedures that 

the major stationary source owner or 

operator proposes to use to convert the 

monitoring system data to monthly 

emissions and annual emissions based 

on a 12-month rolling total for each 

month as required by paragraph 

(aa)(13)(i) of this section. 

(4) General requirements for 

establishing PALs.

(i) The Administrator is allowed to 

establish a PAL at a major stationary 

source, provided that at a minimum, the 

requirements in paragraphs (aa)(4)(i)(a) 

through (g) of this section are met. 

(a) The PAL shall impose an annual 

emission limitation in tons per year, 

that is enforceable as a practical matter, 

for the entire major stationary source. 

For each month during the PAL 

effective period after the first 12 months 

of establishing a PAL, the major 

stationary source owner or operator 

shall show that the sum of the monthly 

emissions from each emissions unit 

under the PAL for the previous 12 

consecutive months is less than the PAL 

(a 12-month average, rolled monthly). 

For each month during the first 11 

months from the PAL effective date, the 

major stationary source owner or 

operator shall show that the sum of the 

preceding monthly emissions from the 

PAL effective date for each emissions 

unit under the PAL is less than the PAL. 

(b) The PAL shall be established in a 

PAL permit that meets the public 

participation requirements in paragraph 

(aa)(5) of this section. 

(c) The PAL permit shall contain all 

the requirements of paragraph (aa)(7) of 

this section. 

(d) The PAL shall include fugitive 

emissions, to the extent quantifiable, 

from all emissions units that emit or 

have the potential to emit the PAL 

pollutant at the major stationary source. 

(e) Each PAL shall regulate emissions 

of only one pollutant. 

(f) Each PAL shall have a PAL 

effective period of 10 years. 

(g) The owner or operator of the major 

stationary source with a PAL shall 

comply with the monitoring, 

recordkeeping, and reporting 

requirements provided in paragraphs 

(aa)(12) through (14) of this section for 

each emissions unit under the PAL 

through the PAL effective period. 

(ii) At no time (during or after the 

PAL effective period) are emissions 

reductions of a PAL pollutant that occur 

during the PAL effective period 

creditable as decreases for purposes of 

offsets under § 51.165(a)(3)(ii) of this 

chapter unless the level of the PAL is 

reduced by the amount of such 

emissions reductions and such 

reductions would be creditable in the 

absence of the PAL. 

(5) Public participation requirements 

for PALs. PALs for existing major 

stationary sources shall be established, 

renewed, or increased through a 

procedure that is consistent with 

§§ 51.160 and 51.161 of this chapter. 

This includes the requirement that the 

Administrator provide the public with 

notice of the proposed approval of a 

PAL permit and at least a 30-day period 

for submittal of public comment. The 

Administrator must address all material 

comments before taking final action on 

the permit. 

(6) Setting the 10-year actuals PAL 

level. The actuals PAL level for a major 

stationary source shall be established as 

the sum of the baseline actual emissions 

(as defined in paragraph (b)(48) of this 

section) of the PAL pollutant for each 

emissions unit at the source; plus an 

amount equal to the applicable 

significant level for the PAL pollutant 

under paragraph (b)(23) of this section 

or under the Act, whichever is lower. 

When establishing the actuals PAL 

level, for a PAL pollutant, only one 

consecutive 24-month period must be 

used to determine the baseline actual 

emissions for all existing emissions 

units. However, a different consecutive 

24-month period may be used for each 

different PAL pollutant. Emissions 

associated with units that were 

permanently shutdown after this 24-

month period must be subtracted from 

the PAL level. Emissions from units on 

which actual construction began after 

the 24-month period must be added to 

the PAL level in an amount equal to the 

potential to emit of the units. The 

Administrator shall specify a reduced 

PAL level(s) (in tons/yr) in the PAL 

permit to become effective on the future 

80286 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations 

compliance date(s) of any applicable 

Federal or State regulatory 

requirement(s) that the Administrator is 

aware of prior to issuance of the PAL 

permit. For instance, if the source owner 

or operator will be required to reduce 

emissions from industrial boilers in half 

from baseline emissions of 60 ppm NOX

to a new rule limit of 30 ppm, then the 

permit shall contain a future effective 

PAL level that is equal to the current 

PAL level reduced by half of the original 

baseline emissions of such unit(s). 

(7) Contents of the PAL permit. The 

PAL permit must contain, at a 

minimum, the information in 

paragraphs (aa)(7)(i) through (x) of this 

section. 

(i) The PAL pollutant and the 

applicable source-wide emission 

limitation in tons per year. 

(ii) The PAL permit effective date and 

the expiration date of the PAL (PAL 

effective period).

(iii) Specification in the PAL permit 

that if a major stationary source owner 

or operator applies to renew a PAL in 

accordance with paragraph (aa)(10) of 

this section before the end of the PAL 

effective period, then the PAL shall not 

expire at the end of the PAL effective 

period. It shall remain in effect until a 

revised PAL permit is issued by a 

reviewing authority. 

(iv) A requirement that emission 

calculations for compliance purposes 

must include emissions from startups, 

shutdowns, and malfunctions. 

(v) A requirement that, once the PAL 

expires, the major stationary source is 

subject to the requirements of paragraph 

(aa)(9) of this section. 

(vi) The calculation procedures that 

the major stationary source owner or 

operator shall use to convert the 

monitoring system data to monthly 

emissions and annual emissions based 

on a 12-month rolling total as required 

by paragraph (aa)(13)(i) of this section. 

(vii) A requirement that the major 

stationary source owner or operator 

monitor all emissions units in 

accordance with the provisions under 

paragraph (aa)(12) of this section. 

(viii) A requirement to retain the 

records required under paragraph 

(aa)(13) of this section on site. Such 

records may be retained in an electronic 

format. 

(ix) A requirement to submit the 

reports required under paragraph 

(aa)(14) of this section by the required 

deadlines. 

(x) Any other requirements that the 

Administrator deems necessary to 

implement and enforce the PAL. 

(8) PAL effective period and 

reopening of the PAL permit. The 

requirements in paragraphs (aa)(8)(i) 

and (ii) of this section apply to actuals 

PALs. 

(i) PAL effective period. The 

Administrator shall specify a PAL 

effective period of 10 years. 

(ii) Reopening of the PAL permit.

(a) During the PAL effective period, 

the Administrator must reopen the PAL 

permit to: 

(1) Correct typographical/calculation 

errors made in setting the PAL or reflect 

a more accurate determination of 

emissions used to establish the PAL; 

(2) Reduce the PAL if the owner or 

operator of the major stationary source 

creates creditable emissions reductions 

for use as offsets under § 51.165(a)(3)(ii) 

of this chapter; and 

(3) Revise the PAL to reflect an 

increase in the PAL as provided under 

paragraph (aa)(11) of this section. 

(b) The Administrator shall have 

discretion to reopen the PAL permit for 

the following: 

(1) Reduce the PAL to reflect newly 

applicable Federal requirements (for 

example, NSPS) with compliance dates 

after the PAL effective date; 

(2) Reduce the PAL consistent with 

any other requirement, that is 

enforceable as a practical matter, and 

that the State may impose on the major 

stationary source under the State 

Implementation Plan; and 

(3) Reduce the PAL if the reviewing 

authority determines that a reduction is 

necessary to avoid causing or 

contributing to a NAAQS or PSD 

increment violation, or to an adverse 

impact on an air quality related value 

that has been identified for a Federal 

Class I area by a Federal Land Manager 

and for which information is available 

to the general public. 

(c) Except for the permit reopening in 

paragraph (aa)(8)(ii)(a)(1) of this section 

for the correction of typographical/

calculation errors that do not increase 

the PAL level, all other reopenings shall 

be carried out in accordance with the 

public participation requirements of 

paragraph (aa)(5) of this section. 

(9) Expiration of a PAL. Any PAL that 

is not renewed in accordance with the 

procedures in paragraph (aa)(10) of this 

section shall expire at the end of the 

PAL effective period, and the 

requirements in paragraphs (aa)(9)(i) 

through (v) of this section shall apply. 

(i) Each emissions unit (or each group 

of emissions units) that existed under 

the PAL shall comply with an allowable 

emission limitation under a revised 

permit established according to the 

procedures in paragraphs (aa)(9)(i)(a) 

and (b) of this section. 

(a) Within the time frame specified for 

PAL renewals in paragraph (aa)(10)(ii) 

of this section, the major stationary 

source shall submit a proposed 

allowable emission limitation for each 

emissions unit (or each group of 

emissions units, if such a distribution is 

more appropriate as decided by the 

Administrator) by distributing the PAL 

allowable emissions for the major 

stationary source among each of the 

emissions units that existed under the 

PAL. If the PAL had not yet been 

adjusted for an applicable requirement 

that became effective during the PAL 

effective period, as required under 

paragraph (aa)(10)(v) of this section, 

such distribution shall be made as if the 

PAL had been adjusted. 

(b) The Administrator shall decide 

whether and how the PAL allowable 

emissions will be distributed and issue 

a revised permit incorporating allowable 

limits for each emissions unit, or each 

group of emissions units, as the 

Administrator determines is 

appropriate. 

(ii) Each emissions unit(s) shall 

comply with the allowable emission 

limitation on a 12-month rolling basis. 

The Administrator may approve the use 

of monitoring systems (source testing, 

emission factors, etc.) other than CEMS, 

CERMS, PEMS, or CPMS to demonstrate 

compliance with the allowable emission 

limitation. 

(iii) Until the Administrator issues the 

revised permit incorporating allowable 

limits for each emissions unit, or each 

group of emissions units, as required 

under paragraph (aa)(9)(i)(b) of this 

section, the source shall continue to 

comply with a source-wide, multi-unit 

emissions cap equivalent to the level of 

the PAL emission limitation. 

(iv) Any physical change or change in 

the method of operation at the major 

stationary source will be subject to 

major NSR requirements if such change 

meets the definition of major 

modification in paragraph (b)(2) of this 

section. 

(v) The major stationary source owner 

or operator shall continue to comply 

with any State or Federal applicable 

requirements (BACT, RACT, NSPS, etc.) 

that may have applied either during the 

PAL effective period or prior to the PAL 

effective period except for those 

emission limitations that had been 

established pursuant to paragraph (r)(4) 

of this section, but were eliminated by 

the PAL in accordance with the 

provisions in paragraph (aa)(1)(ii)(c) of 

this section. 

(10) Renewal of a PAL.

(i) The Administrator shall follow the 

procedures specified in paragraph 

(aa)(5) of this section in approving any 

request to renew a PAL for a major 

stationary source, and shall provide 

both the proposed PAL level and a 

Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations 80287

written rationale for the proposed PAL 

level to the public for review and 

comment. During such public review, 

any person may propose a PAL level for 

the source for consideration by the 

Administrator. 

(ii) Application deadline. A major 

stationary source owner or operator 

shall submit a timely application to the 

Administrator to request renewal of a 

PAL. A timely application is one that is 

submitted at least 6 months prior to, but 

not earlier than 18 months from, the 

date of permit expiration. This deadline 

for application submittal is to ensure 

that the permit will not expire before 

the permit is renewed. If the owner or 

operator of a major stationary source 

submits a complete application to renew 

the PAL within this time period, then 

the PAL shall continue to be effective 

until the revised permit with the 

renewed PAL is issued. 

(iii) Application requirements. The 

application to renew a PAL permit shall 

contain the information required in 

paragraphs (aa)(10)(iii)(a) through (d) of 

this section. 

(a) The information required in 

paragraphs (aa)(3)(i) through (iii) of this 

section. 

(b) A proposed PAL level. 

(c) The sum of the potential to emit 

of all emissions units under the PAL 

(with supporting documentation). 

(d) Any other information the owner 

or operator wishes the Administrator to 

consider in determining the appropriate 

level for renewing the PAL. 

(iv) PAL adjustment. In determining 

whether and how to adjust the PAL, the 

Administrator shall consider the options 

outlined in paragraphs (aa)(10)(iv)(a) 

and (b) of this section. However, in no 

case may any such adjustment fail to 

comply with paragraph (aa)(10)(iv)(c) of 

this section. 

(a) If the emissions level calculated in 

accordance with paragraph (aa)(6) of 

this section is equal to or greater than 

80 percent of the PAL level, the 

Administrator may renew the PAL at the 

same level without considering the 

factors set forth in paragraph 

(aa)(10)(iv)(b) of this section; or 

(b) The Administrator may set the 

PAL at a level that he or she determines 

to be more representative of the source’s 

baseline actual emissions, or that he or 

she determines to be more appropriate 

considering air quality needs, advances 

in control technology, anticipated 

economic growth in the area, desire to 

reward or encourage the source’s 

voluntary emissions reductions, or other 

factors as specifically identified by the 

Administrator in his or her written 

rationale. 

(c) Notwithstanding paragraphs 

(aa)(10)(iv)(a) and (b) of this section: 

(1) If the potential to emit of the major 

stationary source is less than the PAL, 

the Administrator shall adjust the PAL 

to a level no greater than the potential 

to emit of the source; and 

(2) The Administrator shall not 

approve a renewed PAL level higher 

than the current PAL, unless the major 

stationary source has complied with the 

provisions of paragraph (aa)(11) of this 

section (increasing a PAL). 

(v) If the compliance date for a State 

or Federal requirement that applies to 

the PAL source occurs during the PAL 

effective period, and if the 

Administrator has not already adjusted 

for such requirement, the PAL shall be 

adjusted at the time of PAL permit 

renewal or title V permit renewal, 

whichever occurs first. 

(11) Increasing a PAL during the PAL 

effective period.

(i) The Administrator may increase a 

PAL emission limitation only if the 

major stationary source complies with 

the provisions in paragraphs 

(aa)(11)(i)(a) through (d) of this section. 

(a) The owner or operator of the major 

stationary source shall submit a 

complete application to request an 

increase in the PAL limit for a PAL 

major modification. Such application 

shall identify the emissions unit(s) 

contributing to the increase in emissions 

so as to cause the major stationary 

source’s emissions to equal or exceed its 

PAL. 

(b) As part of this application, the 

major stationary source owner or 

operator shall demonstrate that the sum 

of the baseline actual emissions of the 

small emissions units, plus the sum of 

the baseline actual emissions of the 

significant and major emissions units 

assuming application of BACT 

equivalent controls, plus the sum of the 

allowable emissions of the new or 

modified emissions unit(s) exceeds the 

PAL. The level of control that would 

result from BACT equivalent controls on 

each significant or major emissions unit 

shall be determined by conducting a 

new BACT analysis at the time the 

application is submitted, unless the 

emissions unit is currently required to 

comply with a BACT or LAER 

requirement that was established within 

the preceding 10 years. In such a case, 

the assumed control level for that 

emissions unit shall be equal to the 

level of BACT or LAER with which that 

emissions unit must currently comply. 

(c) The owner or operator obtains a 

major NSR permit for all emissions 

unit(s) identified in paragraph 

(aa)(11)(i)(a) of this section, regardless 

of the magnitude of the emissions 

increase resulting from them (that is, no 

significant levels apply). These 

emissions unit(s) shall comply with any 

emissions requirements resulting from 

the major NSR process (for example, 

BACT), even though they have also 

become subject to the PAL or continue 

to be subject to the PAL. 

(d) The PAL permit shall require that 

the increased PAL level shall be 

effective on the day any emissions unit 

that is part of the PAL major 

modification becomes operational and 

begins to emit the PAL pollutant.

(ii) The Administrator shall calculate 

the new PAL as the sum of the 

allowable emissions for each modified 

or new emissions unit, plus the sum of 

the baseline actual emissions of the 

significant and major emissions units 

(assuming application of BACT 

equivalent controls as determined in 

accordance with paragraph 

(aa)(11)(i)(b)), plus the sum of the 

baseline actual emissions of the small 

emissions units. 

(iii) The PAL permit shall be revised 

to reflect the increased PAL level 

pursuant to the public notice 

requirements of paragraph (aa)(5) of this 

section. 

(12) Monitoring requirements for 

PALs.

(i) General requirements. 

(a) Each PAL permit must contain 

enforceable requirements for the 

monitoring system that accurately 

determines plantwide emissions of the 

PAL pollutant in terms of mass per unit 

of time. Any monitoring system 

authorized for use in the PAL permit 

must be based on sound science and 

meet generally acceptable scientific 

procedures for data quality and 

manipulation. Additionally, the 

information generated by such system 

must meet minimum legal requirements 

for admissibility in a judicial 

proceeding to enforce the PAL permit. 

(b) The PAL monitoring system must 

employ one or more of the four general 

monitoring approaches meeting the 

minimum requirements set forth in 

paragraphs (aa)(12)(ii)(a) through (d) of 

this section and must be approved by 

the Administrator. 

(c) Notwithstanding paragraph 

(aa)(12)(i)(b) of this section, you may 

also employ an alternative monitoring 

approach that meets paragraph 

(aa)(12)(i)(a) of this section if approved 

by the Administrator. 

(d) Failure to use a monitoring system 

that meets the requirements of this 

section renders the PAL invalid. 

(ii) Minimum performance 

requirements for approved monitoring 

approaches. The following are 

acceptable general monitoring 

80288 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations 

approaches when conducted in 

accordance with the minimum 

requirements in paragraphs (aa)(12)(iii) 

through (ix) of this section: 

(a) Mass balance calculations for 

activities using coatings or solvents; 

(b) CEMS; 

(c) CPMS or PEMS; and 

(d) Emission factors. 

(iii) Mass balance calculations. An 

owner or operator using mass balance 

calculations to monitor PAL pollutant 

emissions from activities using coating 

or solvents shall meet the following 

requirements: 

(a) Provide a demonstrated means of 

validating the published content of the 

PAL pollutant that is contained in or 

created by all materials used in or at the 

emissions unit; 

(b) Assume that the emissions unit 

emits all of the PAL pollutant that is 

contained in or created by any raw 

material or fuel used in or at the 

emissions unit, if it cannot otherwise be 

accounted for in the process; and 

(c) Where the vendor of a material or 

fuel, which is used in or at the 

emissions unit, publishes a range of 

pollutant content from such material, 

the owner or operator must use the 

highest value of the range to calculate 

the PAL pollutant emissions unless the 

Administrator determines there is sitespecific data or a site-specific 

monitoring program to support another 

content within the range. 

(iv) CEMS. An owner or operator 

using CEMS to monitor PAL pollutant 

emissions shall meet the following 

requirements: 

(a) CEMS must comply with 

applicable Performance Specifications 

found in 40 CFR part 60, appendix B; 

and 

(b) CEMS must sample, analyze and 

record data at least every 15 minutes 

while the emissions unit is operating. 

(v) CPMS or PEMS. An owner or 

operator using CPMS or PEMS to 

monitor PAL pollutant emissions shall 

meet the following requirements: 

(a) The CPMS or the PEMS must be 

based on current site-specific data 

demonstrating a correlation between the 

monitored parameter(s) and the PAL 

pollutant emissions across the range of 

operation of the emissions unit; and 

(b) Each CPMS or PEMS must sample, 

analyze, and record data at least every 

15 minutes, or at another less frequent 

interval approved by the Administrator, 

while the emissions unit is operating. 

(vi) Emission factors. An owner or 

operator using emission factors to 

monitor PAL pollutant emissions shall 

meet the following requirements: 

(a) All emission factors shall be 

adjusted, if appropriate, to account for 

the degree of uncertainty or limitations 

in the factors’ development; 

(b) The emissions unit shall operate 

within the designated range of use for 

the emission factor, if applicable; and 

(c) If technically practicable, the 

owner or operator of a significant 

emissions unit that relies on an 

emission factor to calculate PAL 

pollutant emissions shall conduct 

validation testing to determine a sitespecific emission factor within 6 

months of PAL permit issuance, unless 

the Administrator determines that 

testing is not required. 

(vii) A source owner or operator must 

record and report maximum potential 

emissions without considering 

enforceable emission limitations or 

operational restrictions for an emissions 

unit during any period of time that there 

is no monitoring data, unless another 

method for determining emissions 

during such periods is specified in the 

PAL permit.

(viii) Notwithstanding the 

requirements in paragraphs (aa)(12)(iii) 

through (vii) of this section, where an 

owner or operator of an emissions unit 

cannot demonstrate a correlation 

between the monitored parameter(s) and 

the PAL pollutant emissions rate at all 

operating points of the emissions unit, 

the Administrator shall, at the time of 

permit issuance: 

(a) Establish default value(s) for 

determining compliance with the PAL 

based on the highest potential emissions 

reasonably estimated at such operating 

point(s); or 

(b) Determine that operation of the 

emissions unit during operating 

conditions when there is no correlation 

between monitored parameter(s) and the 

PAL pollutant emissions is a violation 

of the PAL. 

(ix) Re-validation. All data used to 

establish the PAL pollutant must be revalidated through performance testing 

or other scientifically valid means 

approved by the Administrator. Such 

testing must occur at least once every 5 

years after issuance of the PAL. 

(13) Recordkeeping requirements.

(i) The PAL permit shall require an 

owner or operator to retain a copy of all 

records necessary to determine 

compliance with any requirement of 

paragraph (aa) of this section and of the 

PAL, including a determination of each 

emissions unit’s 12-month rolling total 

emissions, for 5 years from the date of 

such record. 

(ii) The PAL permit shall require an 

owner or operator to retain a copy of the 

following records for the duration of the 

PAL effective period plus 5 years: 

(a) A copy of the PAL permit 

application and any applications for 

revisions to the PAL; and 

(b) Each annual certification of 

compliance pursuant to title V and the 

data relied on in certifying the 

compliance. 

(14) Reporting and notification 

requirements. The owner or operator 

shall submit semi-annual monitoring 

reports and prompt deviation reports to 

the Administrator in accordance with 

the applicable title V operating permit 

program. The reports shall meet the 

requirements in paragraphs (aa)(14)(i) 

through (iii) of this section. 

(i) Semi-annual report. The semiannual report shall be submitted to the 

Administrator within 30 days of the end 

of each reporting period. This report 

shall contain the information required 

in paragraphs (aa)(14)(i)(a) through (g) 

of this section. 

(a) The identification of owner and 

operator and the permit number. 

(b) Total annual emissions (tons/year) 

based on a 12-month rolling total for 

each month in the reporting period 

recorded pursuant to paragraph 

(aa)(13)(i) of this section. 

(c) All data relied upon, including, 

but not limited to, any Quality 

Assurance or Quality Control data, in 

calculating the monthly and annual PAL 

pollutant emissions. 

(d) A list of any emissions units 

modified or added to the major 

stationary source during the preceding 

6-month period. 

(e) The number, duration, and cause 

of any deviations or monitoring 

malfunctions (other than the time 

associated with zero and span 

calibration checks), and any corrective 

action taken. 

(f) A notification of a shutdown of any 

monitoring system, whether the 

shutdown was permanent or temporary, 

the reason for the shutdown, the 

anticipated date that the monitoring 

system will be fully operational or 

replaced with another monitoring 

system, and whether the emissions unit 

monitored by the monitoring system 

continued to operate, and the 

calculation of the emissions of the 

pollutant or the number determined by 

method included in the permit, as 

provided by (aa)(12)(vii). 

(g) A signed statement by the 

responsible official (as defined by the 

applicable title V operating permit 

program) certifying the truth, accuracy, 

and completeness of the information 

provided in the report.

(ii) Deviation report. The major 

stationary source owner or operator 

shall promptly submit reports of any 

deviations or exceedance of the PAL 

Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations 80289

requirements, including periods where 

no monitoring is available. A report 

submitted pursuant to § 70.6(a)(3)(iii)(B) 

of this chapter shall satisfy this 

reporting requirement. The deviation 

reports shall be submitted within the 

time limits prescribed by the applicable 

program implementing 

§ 70.6(a)(3)(iii)(B) of this chapter. The 

reports shall contain the following 

information: 

(a) The identification of owner and 

operator and the permit number; 

(b) The PAL requirement that 

experienced the deviation or that was 

exceeded; 

(c) Emissions resulting from the 

deviation or the exceedance; and 

(d) A signed statement by the 

responsible official (as defined by the 

applicable title V operating permit 

program) certifying the truth, accuracy, 

and completeness of the information 

provided in the report. 

(iii) Re-validation results. The owner 

or operator shall submit to the 

Administrator the results of any revalidation test or method within 3 

months after completion of such test or 

method. 

(15) Transition requirements.

(i) The Administrator may not issue a 

PAL that does not comply with the 

requirements in paragraphs (aa)(1) 

through (15) of this section after March 

3, 2003. 

(ii) The Administrator may supersede 

any PAL that was established prior to 

March 3, 2003 with a PAL that complies 

with the requirements of paragraphs 

(aa)(1) through (15) of this section. 

(bb) If any provision of this section, or 

the application of such provision to any 

person or circumstance, is held invalid, 

the remainder of this section, or the 

application of such provision to persons 

or circumstances other than those as to 

which it is held invalid, shall not be 

affected thereby.

[FR Doc. 02–31899 Filed 12–30–02; 8:45 am] 

BILLING CODE 6560–50–P