Skip to content
LexBuild

40 CFR § 75.17 - Specific provisions for monitoring emissions from common, bypass, and multiple stacks for NO emission rate.

---
identifier: "/us/cfr/t40/s75.17"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 75.17 - Specific provisions for monitoring emissions from common, bypass, and multiple stacks for NO emission rate."
title_number: 40
title_name: "Protection of Environment"
section_number: "75.17"
section_name: "Specific provisions for monitoring emissions from common, bypass, and multiple stacks for NO emission rate."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "75"
part_name: "CONTINUOUS EMISSION MONITORING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q and 7651k note."
regulatory_source: "58 FR 3701, Jan. 11, 1993, unless otherwise noted."
cfr_part: "75"
---

# 75.17 Specific provisions for monitoring emissions from common, bypass, and multiple stacks for NO emission rate.

Notwithstanding the provisions of paragraphs (a), (b), (c), and (d) of this section, the owner or operator of an affected unit that is using the procedures in this part to meet the monitoring and reporting requirements of a State or federal NO<sub>X</sub> mass emission reduction program must also meet the provisions for monitoring NO<sub>X</sub> emission rate in §§ 75.71 and 75.72.

(a) *Unit utilizing common stack with other affected unit(s).* When an affected unit utilizes a common stack with one or more affected units, but no nonaffected units, the owner or operator shall either:

(1) Install, certify, operate, and maintain a NO<sub>X</sub> continuous emission monitoring system in the duct to the common stack from each affected unit; or

(2) Install, certify, operate, and maintain a NO<sub>X</sub> continuous emission monitoring system in the common stack and follow the appropriate procedure in paragraphs (a)(2) (i) through (iii) of this section, depending on whether or not the units are required to comply with a NO<sub>X</sub> emission limitation (in lb/mmBtu, annual average basis) pursuant to section 407(b) of the Act (referred to hereafter as “NO<sub>X</sub> emission limitation”).

(i) When each of the affected units has a NO<sub>X</sub> emission limitation, the designated representative shall submit a compliance plan to the Administrator that indicates:

(A) Each unit will comply with the most stringent NO<sub>X</sub> emission limitation of any unit utilizing the common stack; or

(B) Each unit will comply with the applicable NO<sub>X</sub> emission limitation by averaging its emissions with the other unit(s) utilizing the common stack, pursuant to the emissions averaging plan submitted under part 76 of this chapter; or

(C) Each unit's compliance with the applicable NO<sub>X</sub> emission limit will be determined by a method satisfactory to the Administrator for apportioning to each of the units the combined NO<sub>X</sub> emission rate (in lb/mmBtu) measured in the common stack and for reporting the NO<sub>X</sub> emission rate, as provided in a petition submitted by the designated representative. The Administrator may approve such demonstrated substitute methods for apportioning and reporting NO<sub>X</sub> emission rate measured in a common stack whenever the demonstration ensures that there is a complete and accurate estimation of all emissions regulated under this part and, in particular, that the emissions from any unit with a NO<sub>X</sub> emission limitation are not underestimated.

(ii) When none of the affected units has a NO<sub>X</sub> emission limitation, the owner or operator and the designated representative have no additional obligations pursuant to section 407 of the Act and may record and report a combined NO<sub>X</sub> emission rate (in lb/mmBtu) for the affected units utilizing the common stack.

(iii) When at least one of the affected units has a NO<sub>X</sub> emission limitation and at least one of the affected units does not have a NO<sub>X</sub> emission limitation, the owner or operator shall either:

(A) Install, certify, operate, and maintain NO<sub>X</sub> and diluent monitors in the ducts from the affected units; or

(B) Develop, demonstrate, and provide information satisfactory to the Administrator on methods for apportioning the combined NO<sub>X</sub> emission rate (in lb/mmBtu) measured in the common stack on each of the units. The Administrator may approve such demonstrated substitute methods for apportioning the combined NO<sub>X</sub> emission rate measured in a common stack whenever the demonstration ensures complete and accurate estimation of all emissions regulated under this part.

(b) *Unit utilizing common stack with nonaffected unit(s).* When one or more affected units utilizes a common stack with one or more nonaffected units, the owner or operator shall either:

(1) Install, certify, operate, and maintain a NO<sub>X</sub>-diluent continuous emission monitoring system in the duct from each affected unit; or

(2) Develop, demonstrate, and provide information satisfactory to the Administrator on methods for apportioning the combined NO<sub>X</sub> emission rate (in lb/mmBtu) measured in the common stack for each of the units. The Administrator may approve such demonstrated substitute methods for apportioning the combined NO<sub>X</sub> emission rate measured in a common stack whenever the demonstration ensures complete and accurate estimation of all emissions regulated under this part.

(c) *Unit with multiple stacks or ducts.* When the flue gases from an affected unit discharge to the atmosphere through two or more stacks or when flue gases from an affected unit utilize two or more ducts feeding into a single stack and the owner or operator chooses to monitor in the ducts rather than the stack, the owner or operator shall monitor the NO<sub>X</sub> emission rate in a way that is representative of each affected unit. Where another unit also exhausts flue gases to one or more of the stacks where monitoring systems are installed, the owner or operator shall also comply with the applicable common stack monitoring requirements of this section. The owner or operator shall either:

(1) Install, certify, operate, and maintain a NO<sub>X</sub>-diluent continuous emission monitoring system and a flow monitoring system in each stack or duct and determine the NO<sub>X</sub> emission rate for the unit as the Btu-weighted average of the NO<sub>X</sub> emission rates measured in the stacks or ducts using the heat input estimation procedures in appendix F to this part. Alternatively, for units that are eligible to use the procedures of appendix D to this part, the owner or operator may monitor heat input and NO<sub>X</sub> emission rate at the unit level, in lieu of installing flow monitors on each stack or duct. If this alternative unit-level monitoring is performed, report, for each unit operating hour, the highest emission rate measured by any of the NO<sub>X</sub>-diluent monitoring systems installed on the individual stacks or ducts as the hourly NO<sub>X</sub> emission rate for the unit, and report the hourly unit heat input as determined under appendix D to this part. Also, when this alternative unit-level monitoring is performed, the applicable NO<sub>X</sub> missing data procedures in §§ 75.31 or 75.33 shall be used for each unit operating hour in which a quality-assured NO<sub>X</sub> emission rate is not obtained for one or more of the individual stacks or ducts; or

(2) Provided that the products of combustion are well-mixed, install, certify, operate, and maintain a NO<sub>X</sub> continuous emission monitoring system in one stack or duct from the affected unit and record the monitored value as the NO<sub>X</sub> emission rate for the unit. The owner or operator shall account for NO<sub>X</sub> emissions from the unit during all times when the unit combusts fuel. Therefore, this option shall not be used if the monitored stack or duct can be bypassed (*e.g.,* by using dampers). Follow the procedure in § 75.17(d) for units with bypass stacks. Further, this option shall not be used unless the monitored NO<sub>X</sub> emission rate truly represents the NO<sub>X</sub> emissions discharged to the atmosphere (*e.g.,* the option is disallowed if there are any additional NO<sub>X</sub> emission controls downstream of the monitored location).

(d) *Unit with a main stack and bypass stack configuration.* For an affected unit with a discharge configuration consisting of a main stack and a bypass stack, the owner or operator shall either:

(1) Follow the procedures in paragraph (c)(1) of this section; or

(2) Install, certify, operate, and maintain a NO<sub>X</sub>-diluent CEMS only on the main stack. If this option is chosen, it is not necessary to designate the exhaust configuration as a multiple stack configuration in the monitoring plan required under § 75.53, with respect to NO<sub>X</sub> or any other parameter that is monitored only at the main stack. For each unit operating hour in which the bypass stack is used and the emissions are either uncontrolled (or the add-on controls are not documented to be operating properly), report the maximum potential NO<sub>X</sub> emission rate (as defined in § 72.2 of this chapter). The maximum potential NO<sub>X</sub> emission rate may be specific to the type of fuel combusted in the unit during the bypass (see § 75.33(c)(8)). Alternatively, for a unit with NO<sub>X</sub> add-on emission controls, for each unit operating hour in which the bypass stack is used and the add-on NO<sub>X</sub> emission controls are not bypassed, the owner or operator may report the maximum controlled NO<sub>X</sub> emission rate (MCR) instead of the maximum potential NO<sub>X</sub> emission rate provided that the add-on 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 record parametric data to verify the proper operation of the NO<sub>X</sub> add-on emission controls as described in § 75.34(d). Furthermore, the owner or operator shall calculate the MCR using the procedure described in section 2.1.2.1(b) of appendix A to this part where the words “maximum potential NO<sub>X</sub> emission rate (MER)” shall apply instead of the words “maximum controlled NO<sub>X</sub> emission rate (MCR)” and by using the NO<sub>X</sub> MEC in the calculations instead of the NO<sub>X</sub> MPC.

[58 FR 3701, Jan. 11, 1993, as amended at 60 FR 26523, May 17, 1995; 63 FR 57499, Oct. 27, 1998; 64 FR 28592, May 26, 1999; 67 FR 40424, June 12, 2002; 73 FR 4343, Jan. 24, 2008]