(a) For emission sources that do not utilize a CEM for compliance monitoring, compliance with the emission limits of section 227-2.4 of this Subpart must be determined with a one-hour average except for simple cycle combustion turbines utilized during the non-ozone season. Simple cycle combustion turbines utilized during the non-ozone season may use a 30-day average to determine compliance with the emission limits of section 227-2.4 of this Subpart. The owner or operator of each emission source must verify NO_x emissions by performing the applicable testing or monitoring procedure detailed below:

1. (1) For any very large boiler, NO_x emissions must be measured with a CEMS as described in subdivision (b) of this section or with an equivalent monitoring system approved by the department.

2. (2) For any large boiler, NO_x emissions must be:

   1. (i) measured in accordance with emission test requirements described in subdivision (c) of this section; or
   2. (ii) monitored with a CEMS as described in subdivision (b) of this section or with an equivalent monitoring system approved by the department.

3. (3) For any mid-size boiler, NO_x emissions must be:

   1. (i) measured in accordance with the emission test requirements described in subdivision (c) of this section; or
   2. (ii) monitored with a CEMS as described in subdivision (b) of this section or with an equivalent monitoring system approved by the department.
4. (4) For any combined cycle combustion turbine having a maximum heat input rate greater than 250 million Btu per hour, NO_x emissions must be measured with a CEMS as described in subdivision (b) of this section.

5. (5) For any simple cycle, regenerative combustion turbine and any combined cycle combustion turbine having a maximum heat input rate of 250 million Btu per hour or less, NO_x emissions must be:

   1. (i) measured in accordance with the emission test requirements described in subdivision (c) of this section; or
   2. (ii) monitored with a CEMS as described in subdivision (b) of this section or with an equivalent monitoring system approved by the department.

6. (6) For any stationary internal combustion engine, NO_x emissions must be:

   1. (i) measured in accordance with the emission test requirements as described in subdivision (c) of this section; or
   2. (ii) monitored with a CEMS as described in subdivision (b) of this section or with an equivalent monitoring system approved by the department.

7. (7) For any emission source subject to section 227-2.4(g) of this Subpart, NO_x emissions must be measured pursuant to a testing, monitoring, and reporting protocol that the department has determined is consistent with the applicable requirements for emission sources regulated under this Subpart that have comparable heat input ratings.

   (b) CEMS requirements.

8. (1) The owner or operator of an emission source that monitors NO_x emissions with a CEMS or equivalent monitoring system must submit for department approval:

   1. (i) a CEMS plan as part of its application for a permit;
   2. (ii) at least 180 days prior to equipment installation. The department will notify the owner or operator of the acceptability of the plan, at least 60 days prior to equipment installation if it is not covered under subparagraph (i) of this paragraph; or
   3. (iii) a proposed plan for a monitoring system that is equivalent to a CEMS.
9. (2) The owner or operator of an emission source that monitors NO_x emissions with a CEMS must submit for department approval a CEMS certification protocol at least 60 days prior to compliance testing. The certification protocol must include the location of and specifications for each instrument or device, as well as procedures for calibration, operation, data evaluation, and data reporting.

10. (3) The owner or operator of an emission source that monitors NO_x emissions with a CEMS must install, calibrate, maintain, and operate a CEMS for measuring NO_x at locations approved in the CEMS certification protocol under paragraph (2) of this subdivision, and must record the output of each such system. The following procedures and test methods must be used for determining compliance with the relevant NO_x emission limit under section 227-2.4 of this Subpart:

    1. (i) With the exception of emission sources subject to paragraph (a)(4) of this section, the owner or operator of an emission source must:

       1. (a) calculate all 24-hour daily heat input-weighted average NO_x emission rates from block hourly arithmetic emission rate averages calculated by the CEMS and expressed in terms of pounds of NO_x per million Btu;
       2. (b) demonstrate compliance with the appropriate emission limit under section 227-2.4 of this Subpart by using a CEMS for measuring NO_x and calculating a 24-hour daily heat input-weighted average NO_x emission rate. Facilities that are subject to 40 CFR part 75 (see Table 1, section 200.9 of this Title) will calculate their NO_x emission rate using part 75 (see Table 1, section 200.9 of this Title) monitoring requirements. Facilities that are not subject to 40 CFR part 75 (see Table 1, section 200.9 of this Title) may calculate their NO_x emission rate using either 40 CFR part 60, appendix A, method 19 (see Table 1, section 200.9 of this Title) or 40 CFR part 75 (see Table 1, section 200.9 of this Title). A 30-day rolling heat input-weighted average emission rate may be used to demonstrate compliance with the appropriate emission limit under section 227-2.4 of this Subpart from October 1st to April 30th for emission sources other than combustion turbines; and
       3. (c) determine the 24-hour daily heat input-weighted average NO_x emission rate based on the heat input-weighted average of the block hourly arithmetic average emission rates during each 24-hour daily period from 12:00 AM to 12:00 AM the following day using CEMS data. The block hourly heat input-weighted average emission rate must be calculated for each one-hour period starting with the period 12:00 AM to 1:00 AM and continuing through until the last period 11:00 PM to 12:00 AM; or, starting with the period 12:00 PM to 1:00 PM and continuing through the last period 11:00 AM to 12:00 PM. The 30-day rolling heat input-weighted average must be the average of the 24-hour daily heat input-weighted NO_x emission rate.

    2. (ii) The owner or operator of an emission source subject to paragraph (a)(4) of this section must calculate:

       1. (a) block hourly arithmetic average emission rates using data points generated by CEMS and expressed in terms of parts per million on a dry volume basis, corrected to 15 percent oxygen; and
       2. (b) block hourly arithmetic average emission rates for the periods starting 12:00 AM to 1:00 AM, 1:00 AM to 2:00 AM, and so on.
    3. (iii) At a minimum, valid CEMS data must be obtained for 90 percent of the operating hours in each calendar quarter that the subject facility is operating.
    4. (iv) All valid CEMS data must be used in calculating emission rates even if the minimum data requirements of subparagraph (iii) of this paragraph are not met.
    5. (v) The procedures under 40 CFR part 60, appendix B, Performance Specification 2 (see Table 1, section 200.9 of this Title); and any additional criteria specified by the department must be followed for the installation, evaluation, and operation of the CEMS.
    6. (vi) Along with any specific additional data requirements mandated by the department for an emission source, annual recertifications, quarterly accuracy, and daily calibration drift tests must be performed in accordance with either 40 CFR part 60, appendix F (see Table 1, section 200.9 of this Title) or 40 CFR part 75 (see Table 1, section 200.9 of this Title), as applicable.
    7. (vii) When NO_x emissions data are not obtained because of CEMS downtime, emission data shall be obtained by using the 90th percentile value of all CEMS NO_x emission data collected over the last 180 days. Alternatively, the owner or operator of a facility subject to part 75 (see Table 1, section 200.9 of this Title) may use 40 CFR part 75 (see Table 1, section 200.9 of this Title) data substitution procedures for periods when no valid CEMS data is available.

11. (4) CEMS recordkeeping and reporting requirements.

    1. (i) The owner or operator of an emission source must notify the department of the planned initial start-up date of any new CEMS.

    2. (ii) Protocols, reports, summaries, schedules, and any other information required to be submitted to the department under provisions of this Subpart must be sent (in either hardcopy or electronically) as follows:

       1. (a) one copy to the Division of Air Resources, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233; and
       2. (b) one copy to the regional air pollution control engineer at the appropriate regional office of the department.
    3. (iii) Emissions, monitoring, and operating parameter records or measurements required by this Subpart, quarterly and annual summaries, and any additional parameters required by the department must be maintained for at least five years and made available to the department upon request.

    4. (iv) Following each calendar quarter, the owner or operator must tabulate and summarize applicable emissions, monitoring, and operating parameter measurements recorded during the preceding three months (including but not limited to type and amount of fuel burned on a daily basis, heat content of the fuel, total heating value of the fuel consumed on a daily basis, the actual NO_x emission rate, the allowable NO_x emission rate, and the summation of the emission sources included in a system averaging plan). These records must be submitted to the department within 30 days following the end of each calendar quarter in a format acceptable to the department and must include:

       1. (a) the average NO_x emission rates as specified under paragraph (3) of this subdivision. (With the exception of emission sources subject to paragraph (a)(4) of this section, emission sources are to record and tabulate block hourly average emission rates, but do not need to include block hourly average emission rates in the quarterly summaries);
       2. (b) identification of the operating hours when NO_x emissions data are not included in the calculation of the average emission rate and the reasons for not including that data; and
       3. (c) the results of accuracy assessments as required by 40 CFR part 60, appendix F (see Table 1, section 200.9 of this Title) and any additional data quality information required by the department.

    5. (v) The owner or operator of an emission source must submit the initial compliance test data, the performance evaluation of the CEMS found in 40 CFR part 60, appendix B (see Table 1, section 200.9 of this Title), and the maximum heat input capacity.

       (c) Emission test requirements.

       The owner or operator of an emission source required to conduct an emission test under subdivision (a) of this section must:

12. (1) submit a compliance test protocol to the department for approval at least 30 days prior to emission testing. The conditions of the testing and the locations of the sampling devices must be acceptable to the department; and

13. (2) follow the procedures set forth in Part 202 of this Title and use the following procedures set forth in 40 CFR part 60, appendix A (see Table 1, section 200.9 of this Title), or any other method acceptable to the department and the administrator for determining compliance with the appropriate NO_x limit in section 227-2.4 of this Subpart:

    1. (i) for large and mid-size boilers, use method 7, 7E, or 19 from 40 CFR part 60, appendix A (see Table 1, section 200.9 of this Title);
    2. (ii) for simple cycle combustion turbines or regenerative combustion turbines, use method 20 from 40 CFR part 60, appendix A (see Table 1, section 200.9 of this Title);
    3. (iii) for combined cycle combustion turbines, use method 7, 7E, 19 or 20 from 40 CFR part 60, appendix A (see Table 1, section 200.9 of this Title);
    4. (iv) for stationary internal combustion engines, use method 7, 7E, or 19 from 40 CFR part 60, appendix A (see Table 1, section 200.9 of this Title);
14. (3) submit a compliance test report containing the results of the emission test to the department for approval no later than 60 days after completion of the emission test.