(a) The owner or operator of any facility subject to the provisions of this division (relating to Nitric Acid Manufacturing--Ozone Nonattainment Areas) shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring nitrogen oxides (NO X ) from the absorber.
(b) Any CEMS installed subject to subsection (a) of this section must meet all requirements of 40 Code of Federal Regulations (CFR) §60.13; 40 CFR Part 60, Appendix B, Performance Specification 2; and quality assurance procedures of 40 CFR Part 60, Appendix F, except that a cylinder gas audit may be performed in lieu of the annual relative accuracy test audit required in Section 5.1.1.
(c) As an alternative to CEMS, the owner or operator of units subject to continuous monitoring requirements under this division may, with the approval of the executive director, elect to install, calibrate, maintain, and operate a predictive emissions monitoring system (PEMS). The required PEMS must be used to measure NOX emissions for each affected unit and must be used to demonstrate continuous compliance with the emission limitations of §117.4105 of this title (relating to Emission Specifications). Any PEMS must meet the requirements of §117.4145 and §117.8100(b) of this title (relating to Notification, Recordkeeping, and Reporting Requirements; and Emission Monitoring System Requirements for Industrial, Commercial, and Institutional Sources).
(d) The owner or operator of an affected facility shall establish a conversion factor for the purpose of converting monitoring data into units of the NOX emission standard (in pounds per ton of acid produced, expressed as 100% nitric acid) as specified in 40 CFR §60.73(b). NOX emissions data recorded by the CEMS or PEMS must be represented in terms of both parts per million by volume and pounds per ton of acid produced, expressed as 100% nitric acid.
(e) After the initial demonstration of compliance required by §117.4135 of this title (relating to Initial Demonstration of Compliance), compliance with §117.4105 of this title must be determined by the methods required in this section. Compliance with the emission specifications may also be determined at the discretion of the executive director using any commission compliance method.

Source Note: The provisions of this §117.4140 adopted to be effective June 14, 2007, 32 TexReg 3206