[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: 40CFR75.34]

[Page 271-273]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
             Subpart D--Missing Data Substitution Procedures
 
Sec. 75.34  Units with add-on emission controls.

    (a) The owner or operator of an affected unit equipped with add-on 
SO2 and/or NOX emission controls shall use one of 
the options in paragraphs (a)(1), (a)(2) or (a)(4) of this section for 
each hour in which quality-assured data from the outlet SO2 
and/or NOX monitoring system(s) are not obtained, and shall 
document which option is selected in the monitoring plan required under 
Sec. 75.53. If the option in paragraph (a)(1) or (a)(2) is selected, the 
owner or operator may also use the petition provision in paragraph 
(a)(3) of this section.
    (1) The owner or operator may use the missing data substitution 
procedures specified in Secs. 75.31 through 75.33 to provide substitute 
data for any missing data hour(s) in which the add-on emission controls 
are documented to be operating properly, as described in the quality 
assurance/quality control program for the unit, required by section 1 in 
appendix B of this part. To provide the necessary documentation, the 
owner or operator shall, for each missing data period, record parametric 
data to verify the proper operation of the SO2 or 
NOX add-on emission controls during each hour, as described 
in paragraph (d) of this section. For any missing data hour(s) in which 
such parametric data are either not provided or, if provided, do not 
demonstrate that proper operation of the SO2 or 
NOX add-on emission controls has been maintained, the owner 
or operator shall substitute (as applicable) the maximum potential 
NOX concentration (MPC) as defined in section 2.1.2.1 of 
appendix A to this part, the maximum potential NOX emission 
rate, as defined in Sec. 72.2 of this chapter, or the maximum potential 
concentration for SO2, as defined by section 2.1.1.1. 
Alternatively, for SO2 or NOX, the owner or 
operator may substitute, if available, the hourly SO2 or 
NOX concentration recorded by a certified inlet monitor, in 
lieu of the MPC. For each hour in which data from an inlet monitor are 
reported, the owner or operator shall use a method of determination code 
(MODC) of ``22'' (see Table 4a in Sec. 75.57). In addition, under 
Sec. 75.64(c), the designated representative shall submit as part of 
each electronic quarterly report, a certification statement, verifying 
the proper operation of the SO2 or NOX add-on 
emission control for each missing data period in which the missing data 
procedures of Secs. 75.31 through 75.33 were applied; or
    (2) This paragraph, (a)(2), applies only to a unit which, as 
provided in Sec. 75.74(a) or Sec. 75.74(b)(1), reports NOX 
mass emissions on a year-round basis under a state or Federal 
NOX mass emissions reduction program that adopts the 
emissions monitoring provisions of this part. If the add-on 
NOX emission controls installed on such a unit are operated 
only during the ozone

[[Page 272]]

season or are operated in a more efficient manner during the ozone 
season than outside the ozone season, the owner or operator may 
implement the missing data provisions of paragraph (a)(1) of this 
section in the following alternative manner:
    (i) The historical, quality-assured NOX emission rate or 
NOX concentration data may be separated into two categories, 
i.e., data recorded inside the ozone season and data recorded outside 
the ozone season;
    (ii) For the purposes of the missing data lookback periods described 
under Secs. 75.33(c)(1), (c)(2) and (c)(3), the substitute data values 
shall be taken from the appropriate database, depending on the date(s) 
and hour(s) of the missing data period. That is, if the missing data 
period occurs inside the ozone season, the ozone season data shall be 
used to provide substitute data. If the missing data period occurs 
outside the ozone season, data from outside the ozone season shall be 
used to provide substitute data.
    (iii) A missing data period that begins outside the ozone season and 
continues into the ozone season shall be considered to be two separate 
missing data periods, one ending on April 30, hour 23, and the other 
beginning on May 1, hour 00;
    (iv) For missing data hours outside the ozone season, the procedures 
of Sec. 75.33 may be applied unconditionally, i.e., documentation of the 
operational status of the emission controls is not required in order to 
apply the standard missing data routines.
    (3) The designated representative may petition the Administrator 
under Sec. 75.66 to replace the maximum recorded value in the last 720 
quality-assured monitor operating hours with a value corresponding to 
the maximum controlled emission rate (an emission rate recorded when the 
add-on emission controls were operating) recorded during the last 720 
quality-assured monitor operating hours. For such a petition, the 
designated representative must demonstrate that the following conditions 
are met: the monitor data availability, calculated in accordance with 
Sec. 75.32, for the affected unit is below 90.0 percent and parametric 
data establish that the add-on emission controls were operating properly 
(i.e., within the range of operating parameters provided in the quality 
assurance/ quality control program) during the time period under 
petition.
    (4) The designated representative may petition the Administrator 
under Sec. 75.66 for approval of site-specific parametric monitoring 
procedure(s) for calculating substitute data for missing SO2 
pollutant concentration, NOX pollutant concentration, and 
NOX emission rate data in accordance with the requirements of 
paragraphs (b) and (c) of this section and appendix C to this part. The 
owner or operator shall record the data required in appendix C to this 
part, pursuant to Sec. 75.58(b).
    (b) For an affected unit equipped with add-on SO2 
emission controls, the designated representative may petition the 
Administrator to approve a parametric monitoring procedure, as described 
in appendix C of this part, for calculating substitute SO2 
concentration data for missing data periods. The owner or operator shall 
use the procedures in Secs. 75.31, 75.33, or 75.34(a) for providing 
substitute data for missing SO2 concentration data unless a 
parametric monitoring procedure has been approved by the Administrator.
    (1) Where the monitor data availability is 90.0 percent or more for 
an outlet SO2 pollutant concentration monitor, the owner or 
operator may calculate substitute data using an approved parametric 
monitoring procedure.
    (2) Where the monitor data availability for an outlet SO2 
pollutant concentration monitor is less than 90.0 percent, the owner or 
operator shall calculate substitute data using the procedures in 
Sec. 75.34(a) (1) or (2), even if the Administrator has approved a 
parametric monitoring procedure.
    (c) For an affected unit with NOX add-on emission 
controls, the designated representative may petition the Administrator 
to approve a parametric monitoring procedure, as described in appendix C 
of this part, in order to calculate substitute NOX emission 
rate data for missing data periods. The owner or operator shall use the 
procedures in Sec. 75.31 or 75.33 for providing substitute data for 
missing NOX emission rate data prior to receiving

[[Page 273]]

the Administrator's approval for a parametric monitoring procedure.
    (1) Where monitor data availability for a NOX continuous 
emission monitoring system is 90.0 percent or more, the owner or 
operator may calculate substitute data using an approved parametric 
monitoring procedure.
    (2) Where monitor data availability for a NOX continuous 
emission monitoring system is less than 90.0 percent, the owner or 
operator shall calculate substitute data using the procedure in 
Sec. 75.34(a) (1) or (2), even if the Administrator has approved a 
parametric monitoring procedure.
    (d) In order to implement the options in paragraphs (a)(1) and 
(a)(3) of this section, the owner or operator shall keep records of 
information as described in Sec. 75.58(b)(3) to verify the proper 
operation of all add-on SO2 or NOX emission 
controls, during all periods of SO2 or NOX 
emission missing data. If the owner or operator elects to implement the 
missing data option in paragraph (a)(2) of this section, the records in 
Sec. 75.58(b)(3) are required to be kept only for the ozone season. The 
owner or operator shall document in the quality assurance/quality 
control (QA/QC) program required by section 1 of appendix B to this 
part, the parameters monitored and (as applicable) the ranges and 
combinations of parameters that indicate proper operation of the 
controls. The owner or operator shall provide the information recorded 
under Sec. 75.58(b)(3) and the related QA/QC program information to the 
Administrator, to the EPA Regional Office, or to the appropriate State 
or local agency, upon request.

[60 FR 26567, May 17, 1995, as amended at 61 FR 59160, Nov. 20, 1996; 64 
FR 28604, May 26, 1999; 67 FR 40438, June 12, 2002]