1. (1) The owner or operator of any nitric acid plant with a production capacity greater than 300 tons per day (expressed as 100 percent nitric acid), located in an area of the State where any applicable ambient air quality standard for nitrogen dioxide is not being attained, must install, calibrate, maintain and operate a continuous stack monitoring system for the measurement of nitrogen oxides (expressed as nitrogren dioxide) from each nitric acid producing emission source.

2. (2) The owner or operator of any sulfuric acid plant with a production capacity of greater than 300 tons per day (expressed as 100 percent sulfuric acid) must install, calibrate, maintain and operate a continuous stack monitoring system for the measurement of sulfur dioxide from each sulfuric acid producing emission source.

   (b) New emission sources and modifications.

   A continuous monitoring system for the measurement of nitrogen oxides (expressed as nitrogen dioxide) from each nitric acid production source, or sulfur dioxide from each sulfuric acid production source, must be installed, calibrated, maintained and operated by the owner or operator of any new emission source or modification subject to this Part.

   (c) Emission data reduction, record maintenance and reporting.

   Any owner or operator subject to the provisions of subdivision (a) or (b) of this section must:

3. (1) submit a written report to the commissioner for each calendar quarter. This report must include:

   1. (i) emission averages for periods of excess emissions (a period of excess emissions is any three-hour period during which the arithmetic average of emissions for three consecutive one-hour periods exceeds any applicable emission standard);
   2. (ii) the time and date of each period during which the continuous monitoring system was inoperative except for zero and span checks, and the nature of system repairs or adjustments; or
   3. (iii) information that no excess emissions have occurred and the continuous monitoring system has not been inoperative, repaired or adjusted, if such is the case;

4. (2) establish a conversion factor for converting stack monitoring data into units of the applicable emission standard. For sulfur dioxide continuous monitoring systems, the conversion factor will be established at least three times daily by measuring the concentration of sulfur dioxide entering the converter, using suitable methods (e.g., the Reich test, National Air Pollution Control Administration Publication No. 999-AP-13) and calculating the appropriate conversion factor for each eight-hour period as follows: for nitrogen oxide continuous stack monitoring systems, the conversion factor will be established by measuring emissions with the continuous monitoring system concurrent with measuring emissions with the applicable reference method tests. Using only that portion of the continuous monitoring emission data that represents emission measurements concurrent with the reference method test periods, the conversion factor shall be determined by dividing the reference method test data averages by the monitoring data averages to obtain a ratio expressed in units of the applicable standard to units of the monitoring data, i.e., kg/metric ton per ppm (lb/short ton per ppm);

   CF = k(1.000−0.015r/r-s)

   where:

   CF = conversion factor (kg/metric ton per ppm, lb/short ton per ppm).

   k = constant derived from material balance. For determining CF in metric units.

   k = 0.0653. For determining CF in English units, k = 0.1306.

   r = percentage of sulfur dioxide by volume entering the gas converter. Appropriate corrections must be made for air injection plants, subject to the commissioner's approval.

   s = percentage of sulfur dioxide by volume in the emissions to the atmosphere, determined by the continuous monitoring system.

5. (3) maintain records of quarterly summaries, including daily production rates, hours of operation and all other data collected either by the continuous stack monitoring system or as necessary to convert stack monitoring data to the units of the applicable emission standards, for a period of three years from the date of collection of such data; and
6. (4) make such records available for inspection during normal business hours by the commissioner or his representative and furnish copies of such records to the commissioner or his representative upon request.

(a) Existing emission sources.