Section 75.70 - NO[X] mass emissions provisions(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 § 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 § 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 emissions in accordance with the applicable provisions of this part, except as provided in § 75.74 .(3) No owner or operator of an affected unit or a non-affected unit under § 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 § 75.71 , except as provided in § 75.74 .(4) No owner or operator of an affected unit or a non-affected unit under § 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 § 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 § 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 § 75.71 or the common stack provisions in § 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 § 75.21 , appendix B to this part, and § 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 § 75.71 . Units using the low mass emissions excepted methodology under § 75.19 shall meet the applicable quality assurance requirements of that section, except as otherwise provided in § 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 § 75.34 , paragraph (g) of this section, and § 75.74(c)(7) , the owner or operator shall provide substitute data from monitoring systems required under § 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 §§ 75.31 through 75.37 whenever the unit combusts fuel and: (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 §§ 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 § 75.11(b) or § 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 § 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 § 75.22 of this part.(4) For any unit using the low mass emission excepted monitoring methodology under § 75.19 , the procedures in paragraphs (g)(1) or (2) of this section.(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 § 72.2 of this chapter.(6) For any unit using continuous emissions monitors, the conditional data validation procedures in § 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 § 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 § 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 § 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 § 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