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 provide substitute data in accordance with paragraphs (a)(1), through (a)(5) of this section for each hour in which quality-assured data from the outlet SO2 and/or NOX monitoring system(s) are not obtained.
(1) The owner or operator may use the missing data substitution procedures specified in §§ 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 § 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 § 75.57 ). In addition, under § 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 §§ 75.31 through 75.33 were applied; or
(2) This paragraph, (a)(2), applies only to a unit which, as provided in § 75.74(a) or § 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 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 §§ 75.33 (c)(1), (c)(2), (c)(3) and (c)(5) of this section, 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 § 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) For each missing data hour in which the percent monitor data availability for SO2 or NOX, calculated in accordance with § 75.32, is less than 90.0 percent and is greater than or equal to 80.0 percent; and parametric data establishes 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 hour, the owner or operator may:
(i) Replace the maximum SO2 concentration recorded in the 720 quality-assured monitor operating hours immediately preceding the missing data period, with the maximum controlled SO2 concentration recorded in the previous 720 quality-assured monitor operating hours; or
(ii) Replace the maximum NOX concentration(s) or NOX emission rate(s) from the appropriate load bin(s) (based on a lookback through the 2,160 quality-assured monitor operating hours immediately preceding the missing data period), with the maximum controlled NOX concentration(s) or emission rate(s) from the appropriate load bin(s) in the same 2,160 quality-assured monitor operating hour lookback period.
(4) The designated representative may petition the Administrator under § 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 § 75.58(b).
(5) For each missing data hour in which the percent monitor data availability for SO2 or NOX, calculated in accordance with § 75.32, is below 80.0 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),in lieu of reporting the maximum potential value, the owner or operator may substitute, as applicable, the greater of:
(i) The maximum expected SO2 concentration or 1.25 times the maximum hourly controlled SO2 concentration recorded in the previous 720 quality-assured monitor operating hours;
(ii) The maximum expected NOX concentration or 1.25 times the maximum hourly controlled NOX concentration recorded in the previous 2,160 quality-assured monitor operating hours at the corresponding unit load range or operational bin;
(iii) The maximum controlled hourly NOX emission rate (MCR) or 1.25 times the maximum hourly controlled NOX emission rate recorded in the previous 2,160 quality-assured monitor operating hours at the corresponding unit load range or operational bin;
(iv) For the purposes of implementing the missing data options in paragraphs (a)(5)(i) through (a)(5)(iii) of this section, the maximum expected SO2 and NOX concentrations shall be determined, respectively, according to sections 2.1.1.2 and 2.1.2.2 of appendix A to this part. The MCR shall be calculated according to the basic procedure described in section 2.1.2.1(b) of appendix A to this part, except that the words “maximum potential NOX emission rate (MER)” shall be replaced with the words “maximum controlled NOX emission rate (MCR)” and the NOX MEC shall be used instead of the NOX MPC.
(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 §§ 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 § 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 § 75.31 or 75.33 for providing substitute data for missing NOX emission rate data prior to receiving 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 § 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), (a)(3) and (a)(5) of this section; and §§ 75.31(c)(3) and 75.72(c)(3), the owner or operator shall keep records of information as described in § 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 § 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 § 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.

Code of Federal Regulations

[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; 73 FR 4348, Jan. 24, 2008; 76 FR 17312, Mar. 28, 2011]