Section 096-117-5 - Data Recovery RequirementsCEMS must record accurate and reliable data during all source-operating time except during established quality assurance and quality control procedure periods or during unavoidable malfunction periods. All valid data points shall be used in calculating emissions.
A.CEMS, PM CEMS or CERMS Data Recovery Requirements. If the CEMS is recording accurate and reliable data less that 90% of source-operating time within any quarter of the calendar year, the Department may initiate enforcement action and may include in that enforcement action any period of time that the CEMS was not recording accurate and reliable data during that quarter unless the owner or operator can demonstrate to the satisfaction of the Department that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and the quality control procedures or unavoidable malfunctions. Note: Pursuant to 38 M.R.S.A., Section349, the Department may not initiate enforcement action against any person for failure to operate a gaseous CEMS, PM CEMS or CERMS as long as the system is recording accurate and reliable data at least 90% of the source-operating time in each quarter of the calendar year.
B. COMS Data Recovery Requirements. If the COMS is recording accurate and reliable data less than 95% of the source-operating time within any quarter of the calendar year, the Department may initiate enforcement action for any period of time that the COMS was not recording accurate and reliable data during that quarter unless the owner or operator can demonstrate to the satisfaction of the Commissioner that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and quality control procedures or unavoidable malfunctions. Note: Pursuant to 38 M.R.S.A., Section349, the Department may not initiate enforcement action against any person for failure to operate a COMS as long as the system is recording accurate and reliable data at least 95% of the source-operating time in each quarter of the calendar year, excluding time periods when the owner or operator is performing quality assurance and quality control procedures on the system that are required by the department.
C.The owner or operator of emissions units subject to this regulation must not intentionally disable, neglect or otherwise tamper with CEMS for the purpose of making data unavailable. The burden of proof is on the owner or operator to demonstrate that the failure of the CEMS to record accurate and reliable data was due to performance of established quality assurance and quality control procedures or unavoidable malfunctions and was not intended to make monitoring data unavailable.D.If a CEMS is inoperable for greater than 10 percent (or 5% for COMS) of the time over each of four consecutive calendar quarters; then the owner or operator of emissions units subject to this regulation must replace and certify a new CEMS within 90 days of the end of the fourth quarter. Alternatives to the replacement of the entire CEMS system shall be allowed provided that the owner or operator can provide the Department with technical justification that the proposed alternative will ensure that the applicable data availability requirement can be met on a consistent basis.E.COMS uptime is calculated by adding the number of valid minutes recorded for the COMS to the number of minutes of scheduled routine QA/QC conducted for the time period divided by the number of source operating minutes for the same time period. For other CEMS, monitor uptime is calculated by dividing the number of valid CEMS hours by the number of source operating hours for the same time period.06- 096 C.M.R. ch. 117, § 5