N.Y. Comp. Codes R. & Regs. tit. 6 § 246.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 246.8 - Initial monitoring certification and recertification procedures

(a) the owner or operator of a MRP unit shall be exempt from the initial certification requirements of this section for a monitoring system under section 246.7(a)(1) if the following conditions are met:

(1) the monitoring system has been previously certified in accordance with 40 CFR part 75; and

(2) for continuous emission monitoring systems, the applicable quality- assurance and quality-control requirements of 40 CFR 75.21 and 40 CFR 75 Appendix B are fully met for the certified monitoring system described in paragraph (1) of this subdivision; or

(3) for sorbent trap monitoring system, the applicable quality-assurance and quality- control requirements of 40 CFR 75.15, 40 CFR 75.20(c)(9), in section 6.5.7 of Appendix A of 40 CFR 75, 40 CFR 75 Appendix K, and 40 CFR 75 Appendix B sections 1.5 and 2.3 of are fully met for the certified monitoring system.

(b) The recertification provisions of this section shall apply to a monitoring system which is exempt from initial certification requirements under subdivision (a) of this section.

(c) Except as provided in subdivision (a) of this section, the owner or operator of a MRP unit shall comply with the following initial certification and recertification procedures for a continuous monitoring system (i.e., a continuous emission monitoring system and sorbent trap monitoring system under 40 CFR 75.15). The owner or operator of a unit that qualifies to use the Hg low mass emissions excepted monitoring methodology under 40 CFR 75.81(b) or that also qualifies to use an alternative monitoring system under 40 CFR 75 subpart E shall comply with the procedures in subdivision (d) or (e) of this section respectively.

(1) Requirements for initial certification. The owner or operator shall ensure that each continuous monitoring system under section 246.7(a)(1) of this Part (including the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 CFR 75.20 by the applicable deadline in section 246.7(b) of this Part. In addition, whenever the owner or operator installs a monitoring system to meet the requirements of this section in a location where no such monitoring system was previously installed, initial certification in accordance with 40 CFR 75.20 is required.

(2) Requirements for recertification.

(i) Whenever the owner or operator makes a replacement, modification, or change in any certified continuous emission monitoring system, or sorbent trap monitoring system under 40 CFR 75.15, that may significantly affect the ability of the system to accurately measure or record Hg mass emissions or heat input rate or to meet the quality-assurance and quality-control requirements of 40 CFR 75.21 or 40 CFR 75 Appendix B, the owner or operator shall recertify the monitoring system in accordance with 40 CFR 75.20.

(ii) Whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that may significantly change the stack flow or concentration profile, the owner or operator shall recertify each continuous emission monitoring system and each sorbent trap monitoring system under 40 CFR 75.15, whose accuracy is potentially affected by the change, in accordance with 40 CFR 75.20. Examples of changes to a continuous emission monitoring system that require recertification include replacement of the analyzer, complete replacement of an existing continuous emission monitoring system, or change in location or orientation of the sampling probe or site.

(3) Approval process for initial certification and recertification. Subparagraphs (i) through (iv) of this paragraph apply to both initial certification and recertification of a continuous monitoring system under section 246.7(a)(1). For recertification, replace the words "certification" and "initial certification" with the word "recertification", replace the word "certified" with the word "recertified", and follow the procedures in 40 CFR 75.20(b)(5) in lieu of the procedures in subparagraph (v) of this paragraph.

(i) Notification of certification. The owner or operator of the MRP facility shall submit to the department, the EPA Region 2 Regional Office, and the administrator written notice of the dates of certification testing, in accordance with section 246.10 of this Part.

(ii) Certification application. The owner or operator of a MRP facility shall submit to the department a certification application for each monitoring system. A complete certification application shall include the information specified in 40 CFR 75.63.

(iii) Provisional certification date. The provisional certification date for a monitoring system shall be determined in accordance with 40 CFR 75.20(a)(3). A provisionally certified monitoring system may be used under the Mercury Reduction Program for a period not to exceed 120 days after receipt by the department of the complete certification application for the monitoring system under subparagraph (ii) of this paragraph. Data measured and recorded by the provisionally certified monitoring system, in accordance with the requirements of 40 CFR part 75, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the department does not invalidate the provisional certification by issuing a notice of disapproval within 120 days of the date of receipt of the complete certification application by the department.

(iv) Certification application approval process. The department will issue a written notice of approval or disapproval of the certification application to the owner or operator within 120 days of receipt of the complete certification application under subparagraph (ii) of this paragraph. In the event the department does not issue such a notice within such 120-day period, each monitoring system that meets the applicable performance requirements of 40 CFR part 75 and is included in the certification application will be deemed certified for use under the Mercury Reduction Program.

(a) Approval notice. If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 CFR part 75, then the department will issue a written notice of approval of the certification application within 120 days of receipt.

(b) Incomplete application notice. If the certification application is not complete, then the department will issue a written notice of incompleteness that sets a reasonable date by which the owner or operator of the MRP facility must submit the additional information required to complete the certification application. If the owner or operator of the MRP facility does not comply with the notice of incompleteness by the specified date, then the department may issue a notice of disapproval under clause (c) of this subparagraph. The 120- day review period shall not begin before receipt of a complete certification application.

(c) Disapproval notice. If the certification application shows that any monitoring system does not meet the performance requirements of 40 CFR part 75 or if the certification application is incomplete and the requirement for disapproval under clause (b) of this subparagraph is met, then the department will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the department and the data measured and recorded by each uncertified monitoring system shall not be considered valid quality-assured data beginning with the date and hour of provisional certification (as defined under 40 CFR 75.20 [a][3]). The owner or operator shall follow the procedures for loss of certification in subparagraph (v) of this paragraph for each monitoring system that is disapproved for initial certification.

(d) Audit decertification. The department may issue a notice of disapproval of the certification status of a monitor in accordance with section 246.9(b) of this Part.

(v) Procedures for loss of certification. If the department issues a notice of disapproval of a certification application under clause (iv)(c) of this paragraph or a notice of disapproval of certification status under clause (iv)(d) of this paragraph, the following provisions apply:

(a) The owner or operator shall substitute the following values, for each disapproved monitoring system, for each hour of unit operation during the period of invalid data specified under 40 CFR 75.20(a)(4)(iii) or 75.21(e) and continuing until the applicable date and hour specified under of 40 CFR 75.20(a)(5)(i):

(1) For a disapproved mercury pollutant concentration monitor and disapproved flow monitor, respectively, the maximum potential concentration of mercury and the maximum potential flow rate, as defined in sections of 40 CFR part 75 Appendix A, 2.1.7.1 and 2.1.4.1.

(2) For a disapproved moisture monitoring system and disapproved diluent gas monitoring system, respectively, the minimum potential moisture percentage and either the maximum potential CO ₂ concentration or the minimum potential O ₂ concentration (as applicable), as defined in sections of 40 CFR part 75 Appendix A, 2.1.5, 2.1.3.1, and 2.1.3.2.

(3) For a disapproved sorbent trap monitoring system under 40 CFR 75.15 and disapproved flow monitor, respectively, the maximum potential concentration of mercury and maximum potential flow rate, as defined in sections of 40 CFR part 75 Appendix A, 2.1.7.1 and 2.1.4.1.

(b) The owner or operator of the MRP facility shall submit a notification of certification retest dates and a new certification application in accordance with subparagraphs (i) and (ii) of this paragraph.

(c) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the department's notice of disapproval, no later than 30 unit operating days after the date of issuance of the notice of disapproval.

(d) Initial certification and recertification procedures for units using the Hg low mass emission excepted methodology under 40 CFR 75.81(b). The owner or operator of a unit qualified to use the Hg low mass emissions (HgLME) excepted methodology under 40 CFR 75.81(b) shall meet the applicable certification and recertification requirements in 40 CFR 75.81(c) through (f).

(e) Certification/recertification procedures for alternative monitoring systems. The owner or operator of each unit who intends to use an alternative monitoring system which is approved by the administrator pursuant to 40 CFR 75 subpart E shall comply with the applicable notification and application procedures of 40 CFR 75.20(f).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 246.8