[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: 40CFR75.4]
[Page 206-209]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
Subpart A--General
Sec. 75.4 Compliance dates.
(a) The provisions of this part apply to each existing Phase I and
Phase II unit on February 10, 1993. For substitution or compensating
units that are so designated under the Acid Rain permit which governs
that unit and contains the approved substitution or reduced utilization
plan, pursuant to Sec. 72.41 or Sec. 72.43 of this chapter, the
provisions of this part become applicable upon the issuance date of the
Acid Rain permit. For combustion sources seeking to enter the Opt-in
Program in accordance with part 74 of this chapter, the provisions of
this part become applicable upon the submission of an opt-in permit
application in accordance with Sec. 74.14 of this chapter. The
provisions of this part for the monitoring, recording, and reporting of
NOX mass emissions become applicable on the deadlines
specified in the applicable State or federal NOX mass
emission reduction program, to the extent these provisions are adopted
as requirements under such a program. In accordance with Sec. 75.20, the
owner or operator of each existing affected unit shall ensure that all
monitoring systems required by this part for monitoring SO2,
NOX, CO2, opacity, moisture and volumetric flow
are installed and that all certification tests are completed no later
than the following dates (except as provided in paragraphs (d) through
(i) of this section):
(1) For a unit listed in table 1 of Sec. 73.10(a) of this chapter,
November 15, 1993.
(2) For a substitution or a compensating unit that is designated
under an approved substitution plan or reduced utilization plan pursuant
to Sec. 72.41 or Sec. 72.43 of this chapter, or for a unit that is
designated an early election unit under an approved
NO[]
compliance
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plan pursuant to part 76 of this chapter, that is not conditionally
approved and that is effective for 1995, the earlier of the following
dates:
(i) January 1, 1995; or
(ii) 90 days after the issuance date of the Acid Rain permit (or
date of approval of permit revision) that governs the unit and contains
the approved substitution plan, reduced utilization plan, or
NO[]
compliance plan.
(3) For either a Phase II unit, other than a gas-fired unit or an
oil-fired unit, or a substitution or compensating unit that is not a
substitution or compensating unit under paragraph (a)(2) of this
section: January 1, 1995.
(4) For a gas-fired Phase II unit or an oil-fired Phase II unit,
January 1, 1995, except that installation and certification tests for
continuous emission monitoring systems for
NO[] and
CO2 or excepted monitoring systems for
NO[] under
appendix E or CO2 estimation under appendix G of this part
shall be completed as follows:
(i) For an oil-fired Phase II unit or a gas-fired Phase II unit
located in an ozone nonattainment area or the ozone transport region,
not later than July 1, 1995; or
(ii) For an oil-fired Phase II unit or a gas-fired Phase II unit not
located in an ozone nonattainment area or the ozone transport region,
not later than January 1, 1996.
(5) For combustion sources seeking to enter the Opt-in Program in
accordance with part 74 of this chapter, the expiration date of a
combustion source's opt-in permit under Sec. 74.14(e) of this chapter.
(b) In accordance with Sec. 75.20, the owner or operator of each new
affected unit shall ensure that all monitoring systems required under
this part for monitoring of SO2,
NO[],
CO2, opacity, and volumetric flow are installed and all
certification tests are completed on or before the later of the
following dates:
(1) January 1, 1995, except that for a gas-fired unit or oil-fired
unit located in an ozone nonattainment area or the ozone transport
region, the date for installation and completion of all certification
tests for NO[]
and CO2 monitoring systems shall be July 1, 1995 and for a
gas-fired unit or an oil-fired unit not located in an ozone
nonattainment area or the ozone transport region, the date for
installation and completion of all certification tests for
NO[] and
CO2 monitoring systems shall be January 1, 1996; or
(2) The earlier of 90 unit operating days or 180 calendar days after
the date the unit commences commercial operation, notice of which date
shall be provided under subpart G of this part.
(c) In accordance with Sec. 75.20, the owner or operator of any unit
affected under any paragraph of Sec. 72.6(a)(3) (ii) through (vii) of
this chapter shall ensure that all monitoring systems required under
this part for monitoring of SO2,
NO[],
CO2, opacity, and volumetric flow are installed and all
certification tests are completed on or before the later of the
following dates:
(1) January 1, 1995, except that for a gas-fired unit or oil-fired
unit located in an ozone nonattainment area or the ozone transport
region, the date for installation and completion of all certification
tests for NO[]
and CO2 monitoring systems shall be July 1, 1995 and for a
gas-fired unit or an oil-fired unit not located in an ozone
nonattainment area or the ozone transport region, the date for
installation and completion of all certification tests for
NO[] and
CO2 monitoring systems shall be January 1, 1996; or
(2) The earlier of 90 unit operating days or 180 calendar days after
the date the unit first operates after becoming subject to the
requirements of the Acid Rain Program, notice of which date shall be
provided under subpart G of this part.
(d) In accordance with Sec. 75.20, the owner or operator of an
existing unit that is shutdown and is not yet operating by the
applicable dates listed in paragraph (a) of this section, or an existing
unit which has been placed in long-term cold storage after having
previously reported emissions data in accordance with this part, shall
ensure that all monitoring systems required under this part for
monitoring of SO2, NOX, CO2, opacity,
and volumetric flow are installed and all certification tests are
completed no later than 90 unit operating days or 180 calendar days
(whichever occurs first) after the date that the unit recommences
commercial
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operation, notice of which date shall be provided under subpart G of
this part. The owner or operator shall determine and report
SO2 concentration,
NO[] emission
rate, CO2 concentration, and flow data for all unit operating
hours after the applicable compliance date in paragraph (a) of this
section until all required certification tests are successfully
completed using either:
(1) The maximum potential concentration of SO2 (as
defined in section 2.1.1.1 of appendix A to this part), the maximum
potential NOX emission rate, as defined in Sec. 72.2 of this
chapter, the maximum potential flow rate, as defined in section 2.1.4.1
of appendix A to this part, or the maximum potential CO2
concentration, as defined in section 2.1.3.1 of appendix A to this part;
(2) Reference methods under Sec. 75.22(b); or
(3) Another procedure approved by the Administrator pursuant to a
petition under Sec. 75.66.
(e) In accordance with Sec. 75.20, if the owner or operator of an
existing unit completes construction of a new stack, flue, flue gas
desulfurization system or add-on NOX emission controls after
the applicable deadline in paragraph (a) of this section, then the owner
or operator shall ensure that all monitoring systems required under this
part for monitoring SO2,
NO[],
CO2, opacity, and volumetric flow are installed on the new
stack or duct and all certification tests are completed not later than
90 unit operating days or 180 calendar days (whichever occurs first)
after the date that emissions first exit to the atmosphere through the
new stack, flue, flue gas desulfurization system or add-on
NOX emission controls, notice of which date shall be provided
under subpart G of this part. Until emissions first pass through the new
stack, flue, flue gas desulfurization system or add-on NOX
emission controls, the unit is subject to the appropriate deadline in
paragraph (a) of this section. The owner or operator shall determine and
report SO2 concentration,
NO[] emission
rate, CO2 concentration, and flow data for all unit operating
hours after emissions first pass through the new stack, flue, flue gas
desulfurization system or add-on NOX emission controls until
all required certification tests are successfully completed using
either:
(1) The appropriate value for substitution of missing data upon
recertification pursuant to Sec. 75.20(b)(3); or
(2) Reference methods under Sec. 75.22(b) of this part; or
(3) Another procedure approved by the Administrator pursuant to a
petition under Sec. 75.66.
(f) In accordance with Sec. 75.20, the owner or operator of an
affected gas-fired or oil-fired peaking unit, if planning to use
appendix E of this part, shall ensure that the required certification
tests for excepted monitoring systems under appendix E are completed for
backup fuel, as defined in Sec. 72.2 of this chapter, no later than 90
unit operating days or 180 calendar days (whichever occurs first) after
the date that the unit first combusts the backup fuel following the
certification testing with the primary fuel. If the required testing is
completed by this deadline, the appendix E correlation curve derived
from the test results may be used for reporting data under this part
beginning with the first date and hour that the backup fuel is
combusted, provided that the fuel flowmeter for the backup fuel was
certified as of that date and hour. If the required appendix E testing
has not been successfully completed by the compliance date in this
paragraph, then, until the testing is completed, the owner or operator
shall report NOX emission rate data for all unit operating
hours that the backup fuel is combusted using either:
(1) The fuel-specific maximum potential NOX emission
rate, as defined in Sec. 72.2 of this chapter; or
(2) Reference methods under Sec. 75.22(b) of this part; or
(3) Another procedure approved by the Administrator pursuant to a
petition under Sec. 75.66.
(g) The provisions of this paragraph shall apply unless an owner or
operator is exempt from certifying a fuel flowmeter for use during
combustion of emergency fuel under section 2.1.4.3 of appendix D to this
part, in which circumstance the provisions of section 2.1.4.3 of
appendix D shall apply.In accordance with Sec. 75.20, whenever the owner
or operator of a gas-fired or oil-
[[Page 209]]
fired unit uses an excepted monitoring system under appendix D or E of
this part and combusts emergency fuel as defined in Sec. 72.2 of this
chapter, then the owner or operator shall ensure that a fuel flowmeter
measuring emergency fuel is installed and the required certification
tests for excepted monitoring systems are completed by no later than 30
unit operating days after the first date after January 1, 1995 that the
unit combusts emergency fuel. For all unit operating hours that the unit
combusts emergency fuel after January 1, 1995 until the owner or
operator installs a flowmeter for emergency fuel and successfully
completes all required certification tests, the owner or operator shall
determine and report SO2 mass emission data using either:
(1) The maximum potential fuel flow rate, as described in appendix D
of this part, and the maximum sulfur content of the fuel, as described
in section 2.1.1.1 of appendix A of this part;
(2) Reference methods under Sec. 75.22(b) of this part; or
(3) Another procedure approved by the Administrator pursuant to a
petition under Sec. 75.66.
(h) [Reserved]
(i) In accordance with Sec. 75.20, the owner or operator of each
affected unit at which SO2 concentration is measured on a dry
basis or at which moisture corrections are required to account for
CO2 emissions, NOX emission rate in lb/mmBtu, heat
input, or NOX mass emissions for units in a NOX
mass reduction program, shall ensure that the continuous moisture
monitoring system required by this part is installed and that all
applicable initial certification tests required under Sec. 75.20(c)(5),
(c)(6), or (c)(7) for the continuous moisture monitoring system are
completed no later than the following dates:
(1) April 1, 2000, for a unit that is existing and has commenced
commercial operation by January 2, 2000;
(2) For a new affected unit which has not commenced commercial
operation by January 2, 2000, 90 unit operating days or 180 calendar
days (whichever occurs first) after the date the unit commences
commercial operation; or
(3) For an existing unit that is shutdown and is not yet operating
by April 1, 2000, 90 unit operating days or 180 calendar days (whichever
occurs first) after the date that the unit recommences commercial
operation.
(j) If the certification tests required under paragraph (b) or (c)
of this section have not been completed by the applicable compliance
date, the owner or operator shall determine and report SO2
concentration, NOX emission rate, CO2
concentration, and flow rate data for all unit operating hours after the
applicable compliance date in this paragraph until all required
certification tests are successfully completed using either:
(1) The maximum potential concentration of SO2, as
defined in section 2.1.1.1 of appendix A to this part, the maximum
potential NOX emission rate, as defined in Sec. 72.2 of this
chapter, the maximum potential flow rate, as defined in section 2.1.4.1
of appendix A to this part, or the maximum potential CO2
concentration, as defined in section 2.1.3.1 of appendix A to this part;
(2) Reference methods under Sec. 75.22(b); or
(3) Another procedure approved by the Administrator pursuant to a
petition under Sec. 75.66.
[60 FR 17131, Apr. 4, 1995, as amended at 60 FR 26516, May 17, 1995; 63
FR 57499, Oct. 27, 1998; 64 FR 28588, May 26, 1999; 67 FR 40421, June
12, 2002]