W. Va. Code R. § 45-10A-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 45-10A-6 - Monitoring Plan Requirements

6.1. Fuel Burning Unit(s).

6.1.a. The owner or operator of a fuel burning unit(s) shall submit, to the Secretary for approval, a monitoring plan for each fuel burning unit(s) that describes the method the owner or operator will use to monitor compliance with the weight emission standard set forth in section 3 of 45CSR10. The owner or operator of a fuel burning unit(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.

6.1.b. The owner or operator of a type 'a' fuel burning unit(s) shall use a CEMS to satisfy the requirements of an approved monitoring plan.

6.1.b.1. CEMS conforming to the specifications of 40 CFR Part 75 shall use unbiased, unsubstituted data to demonstrate compliance with the provisions of 45CSR10.

6.1.c. The owner or operator of a type 'b' or type 'c' fuel burning unit(s) which burns fuel with a sulfur content that equates to 90% or greater of the factor shall:

6.1.c.1. Use a CEMS to satisfy the requirements of an approved monitoring plan; or

6.1.c.2. Conduct daily "as burned" fuel analysis in accordance with applicable ASTM procedures and test methods.

6.1.d. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval or within twelve (12) months of triggering the 90% threshold, whichever is later.

6.1.e. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the fuel burning unit(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.

6.2. Manufacturing Process Source(s).

6.2.a. The owner or operator of a manufacturing process source(s) shall submit, to the Secretary for approval, a monitoring plan for each manufacturing process source(s) that describes the method the owner or operator will use to monitor compliance with the applicable emission standard set forth in section 4 of 45CSR10. The owner or operator of a manufacturing process source(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.

6.2.b. The owner or operator of a manufacturing process source(s) with a potential to emit 100 tons per year (tpy) of sulfur dioxide and with the potential to emit sulfur dioxide at a rate greater than or equal to 90% of the applicable emission standard shall use CEMS to satisfy the requirements of an approved monitoring plan.

6.2.b.1. The owner or operator of a manufacturing process source(s) may for good cause petition the Secretary for an alternative to CEMS.

6.2.b.2. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval, within twelve (12) months of the receipt of denial of a petition under paragraph 6.2.b.1 or within twelve (12) months of triggering the 100 tpy and 90% thresholds in subdivision 6.2.b, whichever is later.

6.2.c. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the manufacturing process source(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.

6.3. Combustion Source(s).

6.3.a. The owner or operator of a combustion source(s) shall submit, to the Secretary for approval, a monitoring plan for each combustion source(s) that describes the method the owner or operator will use to monitor compliance with the standard set forth in section 5 of 45CSR10. The owner or operator of a combustion source(s) may use CEMS, which shall be deemed to satisfy all of the requirements of an approved monitoring plan, or a monitoring plan as specified in subsection 6.4, in accordance with the provisions of this section.

6.3.b. The owner or operator of a combustion source(s) which has a refinery process gas stream or any other process gas stream that contains an average hydrogen sulfide concentration greater than or equal to 45 grains per 100 cubic feet shall use CEMS to satisfy the requirements of an approved monitoring plan.

6.3.b.1. The owner or operator of a combustion source(s) may for good cause petition the Secretary for an alternative to CEMS.

6.3.b.2. CEMS, if required, shall be installed, operational and certified within twelve (12) months of the date of monitoring plan approval, within twelve (12) months of the receipt of denial of a petition under paragraph 6.3.b.1 or within twelve (12) months of triggering the 45 grains per 100 cubic feet threshold in subdivision 6.3.b, whichever is later.

6.3.c. CEMS shall be used to satisfy the requirements of an approved monitoring plan if any other rule, permit or order requires the use of CEMS for the combustion source(s). If not yet installed, the CEMS shall be installed by the date required in the other rule, permit or order.

6.4. An approved monitoring plan shall contain, at a minimum, the following:

6.4.a. A list of parameters to be monitored;

6.4.b. The monitoring method and frequency for each parameter to be monitored;

6.4.c. The compliance range for each parameter to be monitored;

6.4.d. An explanation of how the parameters to be monitored were chosen, and how they are indicative of compliance;

6.4.e. An explanation of how the compliance ranges were established;

6.4.f. A schedule for installation and operation of any additional monitoring equipment installed for purposes of complying with this rule, or a schedule for implementation of any additional procedure(s) required for purposes of complying with this rule;

6.4.g. A response plan to be implemented during excursions; and

6.4.h. A proposed compliance testing schedule for manufacturing process source(s) and combustion source(s), as applicable.

6.5. Monitoring plans, pursuant to subdivisions 6.1.a, 6.2.a, and 6.3.a, shall be submitted to the Secretary for approval no later than February 28, 2001, as specified in paragraph 8.2.c.2 of 45CSR10.

6.5.a. Approval or denial of such plans shall be issued no later than August 31, 2001, or 6 months after submittal, whichever is later, as specified in paragraph 8.2.c.2 of 45CSR10, provided that the owner or operator may presume approval of a monitoring plan if the Secretary has neither approved nor denied the plan by the date specified in this subdivision.

6.5.b. Monitoring plans shall become effective upon approval.

6.6. In addition to other actions taken by the Secretary, the Secretary may require the monitoring plan to be revised when the Secretary has reason to believe that the ranges established for operating parameters in the monitoring plan are no longer indicative of compliance or when the Secretary has reason to believe that excursions are excessive.

6.7. Notwithstanding any other provisions of this rule, the Secretary reserves the right to require the installation of CEMS pursuant to subdivision 8.2.a of 45CSR10, in any case where the Secretary deems it necessary to determine compliance with the standards in 45CSR10.

W. Va. Code R. § 45-10A-6