[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: 40CFR75.70]

[Page 317-320]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 75--CONTINUOUS EMISSION MONITORING--Table of Contents
 
           Subpart H--NOX Mass Emissions Provisions
 
Sec. 75.70  NOX mass emissions provisions.

    Source: 63 FR 57507, Oct. 27, 1998


    (a) Applicability. The owner or operator of a unit shall comply with 
the requirements of this subpart to the extent that compliance is 
required by an applicable State or federal NOX mass emission 
reduction program that incorporates by reference, or otherwise adopts 
the provisions of, this subpart.
    (1) For purposes of this subpart, the term ``affected unit'' shall 
mean any unit that is subject to a State or federal NOX mass 
emission reduction program requiring compliance with this subpart, the 
term ``non-affected unit'' shall mean any unit that is not subject to 
such a program, the term ``permitting authority'' shall mean the 
permitting authority under an applicable State or federal NOX 
mass emission reduction program that adopts the requirements of this 
subpart, and the term ``designated representative'' shall mean the 
responsible party under the applicable State or federal NOX 
mass emission reduction program that adopts the requirements of this 
subpart.
    (2) In addition, the provisions of subparts A, C, D, E, F, and G and 
appendices A through G of this part applicable to NOX 
concentration, flow rate, NOX emission rate and heat input, 
as set forth and referenced in this subpart, shall apply to the owner or 
operator of a unit required to meet the requirements of this subpart by 
a State or federal NOX mass emission reduction program. When 
applying these requirements, the term ``affected unit'' shall mean any 
unit that is subject to a State or federal NOX mass emission 
reduction program requiring compliance with this subpart, the term 
``permitting authority'' shall mean the permitting authority under an 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart, and the term 
``designated representative'' shall mean the responsible party under the 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart. The requirements 
of this part for SO2, CO2 and opacity monitoring, 
recordkeeping and reporting do not apply to units that are subject to a 
State or federal NOX mass emission reduction program only and 
are not affected units with an Acid Rain emission limitation.
    (b) Compliance dates. The owner or operator of an affected unit 
shall meet the compliance deadlines established by an applicable State 
or federal NOX mass emission reduction program that adopts 
the requirements of this subpart.
    (c) Prohibitions. (1) No owner or operator of an affected unit or a 
non-affected unit under Sec. 75.72(b)(2)(ii) shall use any alternative 
monitoring system, alternative reference method, or any other 
alternative for the required continuous emission monitoring system 
without having obtained prior written approval in accordance with 
paragraph (h) of this section.
    (2) No owner or operator of an affected unit or a non-affected unit 
under Sec. 75.72(b)(2)(ii) shall operate the unit so as to discharge, or 
allow to be discharged emissions of NOX to the atmosphere 
without accounting for all such

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emissions in accordance with the applicable provisions of this part, 
except as provided in Sec. 75.74.
    (3) No owner or operator of an affected unit or a non-affected unit 
under Sec. 75.72(b)(2)(ii) shall disrupt the continuous emission 
monitoring system, any portion thereof, or any other approved emission 
monitoring method, and thereby avoid monitoring and recording 
NOX mass emissions discharged into the atmosphere, except for 
periods of recertification or periods when calibration, quality 
assurance testing, or maintenance is performed in accordance with the 
provisions of this part applicable to monitoring systems under 
Sec. 75.71, except as provided in Sec. 75.74.
    (4) No owner or operator of an affected unit or a non-affected unit 
under Sec. 75.72(b)(2)(ii) shall retire or permanently discontinue use 
of the continuous emission monitoring system, any component thereof, or 
any other approved emission monitoring system under this part, except 
under any one of the following circumstances:
    (i) During the period that the unit is covered by a retired unit 
exemption that is in effect under the State or federal NOX 
mass emission reduction program that adopts the requirements of this 
subpart;
    (ii) The owner or operator is monitoring NOX mass 
emissions from the affected unit with another certified monitoring 
system approved, in accordance with the provisions of paragraph (d) of 
this section; or
    (iii) The designated representative submits notification of the date 
of certification testing of a replacement monitoring system in 
accordance with Sec. 75.61.
    (d) Initial certification and recertification procedures. (1) The 
owner or operator of an affected unit that is subject to an Acid Rain 
emissions limitation shall comply with the initial certification and 
recertification procedures in Sec. 75.20 of this part, except that the 
owner or operator shall meet any additional requirements set forth in an 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart.
    (2) The owner or operator of an affected unit that is not subject to 
an Acid Rain emissions limitation shall comply with the initial 
certification and recertification procedures established by an 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart. The owner or 
operator of an affected unit that is subject to an Acid Rain emissions 
limitation shall comply with the initial certification and 
recertification procedures established by an applicable State or federal 
NOX mass emission reduction program that adopts the 
requirements of this subpart for any additional NOX-diluent 
CEMS, flow monitors, diluent monitors or NOX concentration 
monitoring system required under the NOX mass emissions 
provisions of Sec. 75.71 or the common stack provisions in Sec. 75.72.
    (e) Quality assurance and quality control requirements. For units 
that use continuous emission monitoring systems to account for 
NOX mass emissions, the owner or operator shall meet the 
applicable quality assurance and quality control requirements in 
Sec. 75.21, appendix B to this part, and Sec. 75.74(c) for the 
NOX-diluent continuous emission monitoring systems, flow 
monitoring systems, NOX concentration monitoring systems, 
moisture monitoring systems, and diluent monitors required under 
Sec. 75.71. Units using the low mass emissions excepted methodology 
under Sec. 75.19 shall meet the applicable quality assurance 
requirements of that section, except as otherwise provided in 
Sec. 75.74(c). Units using excepted monitoring methods under appendices 
D and E to this part shall meet the applicable quality assurance 
requirements of those appendices.
    (f) Missing data procedures. Except as provided in Sec. 75.34, 
paragraph (g) of this section, and Sec. 75.74(c)(7), the owner or 
operator shall provide substitute data from monitoring systems required 
under Sec. 75.71 for each affected unit as follows:
    (1) For an owner or operator using a continuous emissions monitoring 
system, substitute for missing data in accordance with the applicable 
missing data procedures in Secs. 75.31 through 75.37 whenever the unit 
combusts fuel and:

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    (i) A valid, quality-assured hour of NOX emission rate 
data (in lb/mmBtu) has not been measured and recorded for a unit by a 
certified NOX-diluent continuous emission monitoring system 
or by an approved monitoring system under subpart E of this part;
    (ii) A valid, quality-assured hour of flow data (in scfh) has not 
been measured and recorded for a unit from a certified flow monitor or 
by an approved alternative monitoring system under subpart E of this 
part;
    (iii) A valid, quality-assured hour of heat input rate data (in 
mmBtu/hr) has not been measured and recorded for a unit from a certified 
flow monitor and a certified diluent (CO2 or O2) 
monitor or by an approved alternative monitoring system under subpart E 
of this part, where heat input is required either for calculating 
NOX mass or allocating allowances under the applicable State 
or federal NOX mass emission reduction program that adopts 
the requirements of this subpart;
    (iv) A valid, quality-assured hour of NOX concentration 
data (in ppm) has not been measured and recorded by a certified 
NOX concentration monitoring system, or by an approved 
alternative monitoring method under subpart E of this part, where the 
owner or operator chooses to use a NOX concentration 
monitoring system with a flow monitor, to calculate NOX mass 
emissions. The initial missing data procedures for determining monitor 
data availability and the standard missing data procedures for a 
NOX concentration monitoring system shall be the same as the 
procedures specified for a NOX-diluent continuous emission 
monitoring system under Secs. 75.31, 75.32, and 75.33; or
    (v) A valid, quality-assured hour of moisture data (in percent 
H2O) has not been measured or recorded for an affected unit, 
either by a certified moisture monitoring system or an approved 
alternative monitoring method under subpart E of this part. This 
requirement does not apply when a default percent moisture value, as 
provided in Sec. 75.11(b) or Sec. 75.12(b), is used to account for the 
hourly moisture content of the stack gas.
    (2) For an owner or operator using an excepted monitoring system 
under appendix D or E of this part, substitute for missing data in 
accordance with the missing data procedures in section 2.4 of appendix D 
to this part or in section 2.5 of appendix E to this part whenever the 
unit combusts fuel and:
    (i) A valid, quality-assured hour of fuel flow rate data has not 
been measured and recorded by a certified fuel flowmeter that is part of 
an excepted monitoring system under appendix D or E of this part; or
    (ii) A fuel sample value for gross calorific value, or if necessary, 
density or specific gravity, from a sample taken an analyzed in 
accordance with appendix D of this part is not available; or
    (iii) A valid, quality-assured hour of NOX emission rate 
data has not been obtained according to the procedures and 
specifications of appendix E to this part.
    (g) Reporting data prior to initial certification. If the owner or 
operator of an affected unit has not successfully completed all 
certification tests required by the State or federal NOX mass 
emission reduction program that adopts the requirements of this subpart 
by the applicable date required by that program, he or she shall 
determine, record and report hourly data prior to initial certification 
using one of the following procedures, consistent with the monitoring 
equipment to be certified:
    (1) For units that the owner or operator intends to monitor for 
NOX mass emissions using NOX emission rate and 
heat input rate, the maximum potential NOX emission rate and 
the maximum potential hourly heat input of the unit, as defined in 
Sec. 72.2 of this chapter.
    (2) For units that the owner or operator intends to monitor for 
NOX mass emissions using a NOX concentration 
monitoring system and a flow monitoring system, the maximum potential 
concentration of NOX and the maximum potential flow rate, as 
defined in section 2.1.4.1 of appendix A to this part;
    (3) For any unit, the reference methods under Sec. 75.22 of this 
part.
    (4) For any unit using the low mass emission excepted monitoring 
methodology under Sec. 75.19, the procedures in paragraphs (g)(1) or (2) 
of this section.

[[Page 320]]

    (5) Any unit using the procedures in paragraph (g)(2) of this 
section that is required to report heat input for purposes of allocating 
allowances shall also report the maximum potential hourly heat input of 
the unit, as defined in Sec. 72.2 of this chapter.
    (6) For any unit using continuous emissions monitors, the 
conditional data validation procedures in Sec. 75.20(b)(3)(ii) through 
(b)(3)(ix).
    (h) Petitions. (1) The designated representative of an affected unit 
that is subject to an Acid Rain emissions limitation may submit a 
petition to the Administrator requesting an alternative to any 
requirement of this subpart. Such a petition shall meet the requirements 
of Sec. 75.66 and any additional requirements established by an 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart. Use of an 
alternative to any requirement of this subpart is in accordance with 
this subpart and with such State or federal NOX mass emission 
reduction program only to the extent that the petition is approved by 
the Administrator, in consultation with the permitting authority.
    (2) Notwithstanding paragraph (h)(1) of this section, petitions 
requesting an alternative to a requirement concerning any additional 
CEMS required solely to meet the common stack provisions of Sec. 75.72 
shall be submitted to the permitting authority and the Administrator and 
shall be governed by paragraph (h)(3)(ii) of this section. Such a 
petition shall meet the requirements of Sec. 75.66 and any additional 
requirements established by an applicable State or federal 
NOX mass emission reduction program that adopts the 
requirements of this subpart.
    (3)(i) The designated representative of an affected unit that is not 
subject to an Acid Rain emissions limitation may submit a petition to 
the permitting authority and the Administrator requesting an alternative 
to any requirement of this subpart. Such a petition shall meet the 
requirements of Sec. 75.66 and any additional requirements established 
by an applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart.
    (ii) Use of an alternative to any requirement of this subpart is in 
accordance with this subpart only to the extent that it is approved by 
the Administrator and by the permitting authority if required by an 
applicable State or federal NOX mass emission reduction 
program that adopts the requirements of this subpart.

[63 FR 57507, Oct. 27, 1998, as amended at 64 FR 28624, May 26, 1999; 67 
FR 40444, June 12, 2002]