Section 096-519-3 - Testing requirementsA.Sampling and test methods. All samples for mercury testing must be representative of the final discharge to the receiving water and collected and analyzed for total mercury using EPA Methods 1669 and 1631, respectively, and in accordance with instructions provided by the department. Testing must be done using grab samples unless otherwise approved by the department. The results of all mercury testing must be provided to the department within 10 business days of their availability.B.Test frequencies. For the purposes of establishing interim effluent limits for the discharge of mercury, the following minimum numbers of tests must be completed for the respective groups referred to in Section 1(C). Tests conducted by the department may be credited toward the total number of tests required for each licensee. (1) Group I: Not less than 4 tests;(2) Group II: Not less than 3 tests; and(3) Group III: Not less than 3 tests. Unless otherwise approved by the department, test samples must be collected at an interval of at least 30 days between samples. The department may proportionally reduce the required number of tests for licensees that discharge on a seasonal or intermittent basis.
C.Additional testing. For individual licensees, the department may require additional tests to be conducted if necessary to establish interim effluent limits where the minimum number of tests produces results that are of questionable validity or are not representative. Licensees wishing to conduct more than the required number of tests may do so, and the department shall evaluate all valid results deemed to be representative of the discharge when establishing interim effluent limits. Licensees may submit to the department information documenting why certain past tests are not representative of normal facility operation or were improperly conducted. Based on such information, or on its own initiative, the department may exclude those individual test results in calculating interim effluent limits. In the event exclusion of tests results in less then the minimum number of tests required above, the licensee shall conduct additional tests as soon as possible.D.Prior test results. The results of tests conducted using EPA Methods 1669 and 1631 prior to the effective date of this rule, including tests conducted by the department, may be used to fulfill the minimum testing requirement above.E. Completion of testing. Licensees that have not previously done so must complete the minimum number of tests required above prior to April 1, 2000, or for licensees in Group III within 120 days of being notified by the department that testing is required.06- 096 C.M.R. ch. 519, § 3