[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: 40CFR75.5]

[Page 209-210]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
                           Subpart A--General
 
Sec. 75.5  Prohibitions.

    (a) A violation of any applicable regulation in this part by the 
owners or operators or the designated representative of an affected 
source or an affected unit is a violation of the Act.
    (b) No owner or operator of an affected unit shall operate the unit 
without complying with the requirements of Secs. 75.2 through 75.75 and 
appendices A through G to this part.
    (c) No owner or operator of an affected unit shall use any 
alternative monitoring system, alternative reference method, or any 
other alternative for the required continuous emission monitoring system 
without having obtained the Administrator's prior written approval in 
accordance with Secs. 75.23, 75.48 and 75.66.
    (d) No owner or operator of an affected unit shall operate the unit 
so as to discharge, or allow to be discharged,

[[Page 210]]

emissions of SO2, NOX or CO2 to the 
atmosphere without accounting for all such emissions in accordance with 
the provisions of Secs. 75.10 through 75.19.
    (e) No owner or operator of an affected unit shall disrupt the 
continuous emission monitoring system, any portion thereof, or any other 
approved emission monitoring method, and thereby avoid monitoring and 
recording SO2, NOX, or CO2 emissions 
discharged to the atmosphere, except for periods of recertification, or 
periods when calibration, quality assurance, or maintenance is performed 
pursuant to Sec. 75.21 and appendix B of this part.
    (f) No owner or operator of an affected unit shall retire or 
permanently discontinue use of the continuous emission monitoring 
system, any component thereof, the continuous opacity monitoring system, 
or any other approved emission monitoring system under this part, except 
under any one of the following circumstances:
    (1) During the period that the unit is covered by an approved 
retired unit exemption under Sec. 72.8 of this chapter that is in 
effect; or
    (2) The owner or operator is monitoring emissions from the unit with 
another certified monitoring system or an excepted methodology approved 
by the Administrator for use at that unit that provides emissions data 
for the same pollutant or parameter as the retired or discontinued 
monitoring system; or
    (3) The designated representative submits notification of the date 
of recertification testing of a replacement monitoring system in 
accordance with Secs. 75.20 and 75.61, and the owner or operator 
recertifies thereafter a replacement monitoring system in accordance 
with Sec. 75.20.

[58 FR 3701, Jan. 11, 1993, as amended at 58 FR 40747, July 30, 1993; 60 
FR 26517, May 17, 1995; 64 FR 28589, May 26, 1999]