[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR75.12]

[Page 218-219]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
                    Subpart B--Monitoring Provisions
 
Sec. 75.12  Specific provisions for monitoring NOX emission rate 
(NOX-diluent monitoring systems).

    (a) Coal-fired units, gas-fired nonpeaking units or oil-fired 
nonpeaking units. The owner or operator shall meet the general operating 
requirements in Sec. 75.10 of this part for a NOX continuous 
emission monitoring system (CEMS) for each affected coal-fired unit, 
gas-fired nonpeaking unit, or oil-fired nonpeaking unit, except as 
provided in paragraph (d) of this section, Sec. 75.17, and subpart E of 
this part. The diluent gas monitor in the NOX-diluent CEMS 
may measure either O2 or CO2 concentration in the 
flue gases.
    (b) Moisture correction. If a correction for the stack gas moisture 
content is needed to properly calculate the NOX emission rate 
in lb/mmBtu, e.g., if the NOX pollutant concentration monitor 
measures on a different moisture basis from the diluent monitor, the 
owner or operator shall either report a fuel-specific default moisture 
value for each unit operating hour, as provided in Sec. 75.11(b)(1), or 
shall install, operate, maintain, and quality assure a continuous 
moisture monitoring system, as defined in Sec. 75.11(b)(2). 
Notwithstanding this requirement, if Equation 19-3, 19-4 or 19-8 in 
Method 19 in appendix A to part 60 of this chapter is used to measure 
NOX emission rate, the following fuel-specific default 
moisture percentages shall be used in lieu of the default values 
specified in Sec. 75.11(b)(1): 5.0%, for anthracite coal; 8.0% for 
bituminous coal; 12.0% for sub-bituminous coal; 13.0% for lignite coal; 
and 15.0% for wood.
    (c) Determination of NOX emission rate. The owner or 
operator shall calculate hourly, quarterly, and annual NOX 
emission rates (in lb/mmBtu) by combining the NOX 
concentration (in ppm), diluent concentration (in percent O2 
or CO2), and percent moisture (if applicable) measurements 
according to the procedures in appendix F to this part.
    (d) Gas-fired peaking units or oil-fired peaking units. The owner or 
operator of an affected unit that qualifies as a gas-fired peaking unit 
or oil-fired peaking unit, as defined in Sec. 72.2 of this chapter, 
based on information submitted by the designated representative in the 
monitoring plan shall comply with one of the following:
    (1) Meet the general operating requirements in Sec. 75.10 for a 
NOX continuous emission monitoring system; or
    (2) Provide information satisfactory to the Administrator using the 
procedure specified in appendix E of this part for estimating hourly 
NOX emission rate. However, if in the years after 
certification of an excepted monitoring system under appendix E of this 
part, a unit's operations exceed a capacity factor of 20 percent in any 
calendar year or exceed a capacity factor of 10.0 percent averaged over 
three years, the owner or operator shall install, certify, and operate a 
NOX-diluent continuous emission monitoring system no later 
than December 31 of the following calendar year. If the required CEMS 
has not been installed and certified by that date, the owner or operator 
shall report the maximum potential NOX emission rate (MER) 
(as defined in Sec. 72.2 of this chapter) for each unit operating hour, 
starting with the first unit operating hour after the deadline and 
continuing until the CEMS has been provisionally certified.

[[Page 219]]

    (e) Low mass emissions units. Notwithstanding the requirements of 
paragraphs (a) and (d) of this section, the owner or operator of an 
affected unit that qualifies as a low mass emissions unit under 
Sec. 75.19(a) and (b) shall comply with one of the following:
    (1) Meet the general operating requirements in Sec. 75.10 for a 
NOX continuous emission monitoring system;
    (2) Meet the requirements specified in paragraph (d)(2) of this 
section for using the excepted monitoring procedures in appendix E to 
this part, if applicable; or
    (3) Use the low mass emissions excepted methodology in Sec. 75.19(c) 
for estimating hourly NOX emission rate and hourly 
NOX mass emissions, if applicable under Sec. 75.19(a) and 
(b).
    (f) Other units. The owner or operator of an affected unit that 
combusts wood, refuse, or other material in addition to oil or gas shall 
comply with the monitoring provisions specified in paragraph (a) of this 
section.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26520, May 17, 1995; 63 
FR 57499, Oct. 27, 1998; 64 FR 28591, May 26, 1999; 67 FR 40423, June 
12, 2002]