Prohibitions.

  1. Law
  2. CFR 40
  3. Protection of Environment
  4. Environmental Protection Agency
  5. Air Programs
  6. Continuous Emission Monitoring
  7. General
  8. Prohibitions.

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§ 75.5 Prohibitions.

(a) A violation of any applicable regulation in this part by the owners or operators or the designated representative of an affected source or an affected unit is a violation of the Act.

(b) No owner or operator of an affected unit shall operate the unit without complying with the requirements of §§ 75.2 through 75.75 and appendices A through G to this part.

(c) No owner or operator of an affected unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emission monitoring system without having obtained the Administrator's prior written approval in accordance with §§ 75.23, 75.48 and 75.66.

(d) No owner or operator of an affected unit shall operate the unit so as to discharge, or allow to be discharged, emissions of SO2, NOX or CO2 to the atmosphere without accounting for all such emissions in accordance with the provisions of §§ 75.10 through 75.19.

(e) No owner or operator of an affected unit shall disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording SO2, NOX, or CO2 emissions discharged to the atmosphere, except for periods of recertification, or periods when calibration, quality assurance, or maintenance is performed pursuant to § 75.21 and appendix B of this part.

(f) No owner or operator of an affected unit shall retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, the continuous opacity monitoring system, or any other approved emission monitoring system under this part, except under any one of the following circumstances:

(1) During the period that the unit is covered by an approved retired unit exemption under § 72.8 of this chapter that is in effect; or

(2) The owner or operator is monitoring emissions from the unit with another certified monitoring system or an excepted methodology approved by the Administrator for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

(3) The designated representative submits notification of the date of recertification testing of a replacement monitoring system in accordance with §§ 75.20 and 75.61, and the owner or operator recertifies thereafter a replacement monitoring system in accordance with § 75.20.

[58 FR 3701, Jan. 11, 1993, as amended at 58 FR 40747, July 30, 1993; 60 FR 26517, May 17, 1995; 64 FR 28589, May 26, 1999]


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