Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-10-8 - Testing, Monitoring, Recordkeeping and Reporting8.1. Testing. 8.1.1. At such reasonable times as the Secretary may designate, the owner or operator of any fuel burning unit(s), manufacturing process source(s) or combustion source(s) may be required to conduct or have conducted tests to determine the compliance of such source(s) with the emission limitations of sections 3, 4 or 5. Such tests shall be conducted in accordance with the appropriate test method set forth in 40 CFR Part 60, Appendix A, Method 6, Method 15 and 45CSR16 or other equivalent EPA testing method approved by the Secretary. The Secretary may at his or her option witness or conduct such tests. Should the Secretary exercise his or her option to conduct such tests, the operator will provide all necessary sampling connections and sampling ports to be located in such manner as the Secretary may require, power for test equipment, and the required safety equipment such as scaffolding, railings, and ladders to comply with generally accepted good safety practices.8.1.2. The Secretary may conduct such other tests as he or she may deem necessary to evaluate air pollution emissions other than those noted in section 3.8.2. Monitoring. 8.2.1. At the request of the Secretary the owner and/or operator of a source shall install such stack gas monitoring devices as the Secretary deems necessary to determine compliance with the provisions of this rule. The data from such devices shall be readily available at the source location or such other reasonable location that the Secretary may specify. At the request of the Secretary such data shall be made available for inspection or copying. Failure to promptly provide such data shall constitute a violation of this rule.8.2.2. Prior to the installation of calibrated stack gas monitoring devices, sulfur dioxide emission rates shall be calculated on an equivalent fuel sulfur content basis.8.2.3. The owner or operator of fuel burning unit(s), manufacturing process source(s) or combustion source(s) shall demonstrate compliance with sections 3, 4 and 5 of this rule by testing and /or monitoring in accordance with one or more of the following: 40 CFR Part 60, Appendix A, Method 6, Method 15 and 45CSR16, continuous emissions monitoring systems (CEMS) or fuel sampling and analysis as set forth in an approved monitoring plan for each emission unit. 8.2.3.a. The installation, operation and maintenance of a continuous monitoring system meeting the requirements of 40 CFR 60, Appendix B, Performance Specification 2 (PS2) or Performance Specification 7 (PS7) and 45CSR16 shall be deemed to fulfill the requirements of a monitoring plan for a fuel burning unit(s), manufacturing process source(s) or combustion source(s). CEMS meeting the requirements of 40 CFR Part 75 (Acid Rain) and 45CSR33 will be deemed to have satisfied the requirements of PS2.8.2.3.a.1. The owner or operator of a continuous emissions monitoring system installed pursuant to this rule shall follow the quality assurance requirements as set forth in 40 CFR Part 60, Appendix F and 45CSR16.8.2.3.b. Monitoring plans pursuant to subdivision 8.2.3 shall be included in an air quality permit pursuant to 45CSR13 and 45CSR30, if applicable.8.2.3.c. A fuel sampling and analysis program, including a record of fuel consumption, may fulfill the requirements of a monitoring plan for a fuel burning unit(s). The minimum requirements for a fuel sampling and analysis program, including fuel consumption records, shall be established by the Secretary.8.2.4. Excursions outside the range of operating parameters associated with control or process equipment which are established in an approved monitoring plan will not necessarily constitute a violation of this rule.8.3. Recordkeeping and Reporting. 8.3.1. The owner or operator of fuel burning unit(s), manufacturing process source(s) or combustion source(s) subject to sections 3, 4 or 5 shall maintain on-site a record of all required monitoring data as established in a monitoring plan pursuant to subdivision 8.2.3. Such records shall be made available to the Secretary upon request. Such records shall be retained on-site for a minimum of five years.8.3.2. The owner or operator shall submit a periodic exception report to the Secretary, in a manner specified by the Secretary. Such an exception report shall provide details of all excursions outside the range of measured emissions or monitored parameters established in an approved monitoring plan and shall include, but not be limited to, the time of the excursion, the magnitude of the excursion, the duration of the excursion, the cause of the excursion and the corrective action taken.8.3.3. The owner or operator of a fuel burning unit(s) or a combustion source(s) shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each unit in a manner specified by the Secretary. Such records are to be maintained on-site and made available to the Secretary upon request. 8.3.3.a. The owner or operator of a fuel burning unit(s) utilizing CEMS to fulfill the requirements of subdivision 8.2.3 shall be exempt from the requirements of subdivision 8.3.3.8.3.4. Where appropriate the owner or operator of a fuel burning unit(s), manufacturing process unit(s) or combustion source(s) may maintain such records in electronic form.8.3.5. Requests for Information. 8.3.5.a. The Secretary shall respond within five working days to requests for information generated or required under this rule. Requests for information not in the Secretary's custody shall be promptly forwarded to the appropriate federal or state agency known to have such information.8.3.5.b. Data regarding the compliance reporting of electric utility SO2 emissions are available from the U.S. Environmental Protection Agency (EPA). EPA emissions data is available from the Clean Air Markets Program Data website. Data relating to fuel quality and costs of fuels are available at the Federal Energy Regulatory Commission (FERC) and the West Virginia Public Service Commission.