[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR96.72]
[Page 710]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 96_NOX Budget Trading Program for State Implementation
Plans--Table of Contents
Subpart H_Monitoring and Reporting
Sec. 96.72 Out of control periods.
(a) Whenever any monitoring system fails to meet the quality
assurance requirements of appendix B of part 75 of this chapter, data
shall be substituted using the applicable procedures in subpart D,
appendix D, or appendix E of part 75 of this chapter.
(b) Audit decertification. Whenever both an audit of a monitoring
system and a review of the initial certification or recertification
application reveal that any system or component should not have been
certified or recertified because it did not meet a particular
performance specification or other requirement under Sec. 96.71 or the
applicable provisions of part 75 of this chapter, both at the time of
the initial certification or recertification application submission and
at the time of the audit, the permitting authority will issue a notice
of disapproval of the certification status of such system or component.
For the purposes of this paragraph, an audit shall be either a field
audit or an audit of any information submitted to the permitting
authority or the Administrator. By issuing the notice of disapproval,
the permitting authority revokes prospectively the certification status
of the system or component. The data measured and recorded by the system
or component 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.
The owner or operator shall follow the initial certification or
recertification procedures in Sec. 96.71 for each disapproved system.