Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
Excess emissions of nitrogen oxides under § 77.6 of this chapter shall be calculated as follows:
(a) For a unit that is not in an approved averaging plan:
(1) Calculate EEi for each portion of the calendar year that the unit is subject to a different NOX emission limitation:
where:
EEi = Excess emissions for NOX for the portion of the calendar year (in tons);
Rai = Actual average emission rate for the unit (in lb/mmBtu), determined according to part 75 of this chapter for the portion of the calendar year for which the applicable emission limitation Rl is in effect;
Rli = Applicable emission limitation for the unit, (in lb/mmBtu), as specified in § 76.5, 76.6, or 76.7 or as determined under § 76.10;
HIi = Actual heat input for the unit, (in mmBtu), determined according to part 75 of this chapter for the portion of the calendar year for which the applicable emission limitation, Rl, is in effect.
(2) If EEi is a negative number for any portion of the calendar year, the EE value for that portion of the calendar year shall be equal to zero (e.g., if EEi = − 100, then EEi = 0).
(3) Sum all EEi values for the calendar year:
where:
EE = Excess emissions for NOX for the year (in tons);
n = The number of time periods during which a unit is subject to different emission limitations; and
(b) For units participating in an approved averaging plan, when all the requirements under § 76.11(d)(1) are not met,
where:
EE = Excess emissions for NOX for the year (in tons);
Rai = Actual annual average emission rate for NOX for unit i, (in lb/mmBtu), determined according to part 75 of this chapter;
Rli = Applicable emission limitation for unit i, (in lb/mmBtu), as specified in § 76.5, 76.6, or 76.7;
HIi = Actual annual heat input for unit i, mmBtu, determined according to part 75 of this chapter;
n = Number of units in the averaging plan.


Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.76.13 Compliance and excess emissions - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-76-13/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)