W. Va. Code R. § 45-10A-7

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

Section 45-10A-7 - Recordkeeping and Reporting Requirements

7.1. Recordkeeping.

7.1.a. Fuel Burning Units. -- The owner or operator of a fuel burning unit(s) shall maintain records of the operating schedule and the quality and quantity of fuel burned in each unit. Such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis, and a periodic fuel quality analysis as set forth in the following table:

Fuel Quality	Frequency of Analysis
$90% of Factor	Daily
90% of Factor	per shipment

1. The owner or operator shall provide in the monitoring plan a quality control and quality assurance program for the fuel analysis. If a certified independent lab is used to provide the fuel analysis, the quality control and assurance program is deemed to be satisfactory.

7.1.b. Combustion source(s). -- The owner or operator of a combustion source(s) shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each unit. Such records shall include, but not be limited to, the date and time of start-up and shutdown, the quantity of fuel consumed on a daily basis, and a periodic fuel quality analysis. The frequency of periodic fuel quality analysis shall be established in an approved monitoring plan.

7.1.c. The owner or operator of a fuel burning unit or combustion source which utilizes CEMS shall be exempt from the provisions of subdivision 7.1.a or 7.1.b, as applicable.

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7.1.d. For fuel burning units, manufacturing process sources, and combustion sources, records of all required monitoring data as established in an approved monitoring plan and support information shall be maintained on-site for a period of at least five (5) years from the date of monitoring, sampling, measurement or reporting. Support information includes all calibration and maintenance records and all strip chart recordings for continuous monitoring instrumentation, and copies of all required reports.

7.2. Exception Reporting.

7.2.a. CEMS. -- Each owner or operator employing CEMS for an approved monitoring plan, shall submit a "CEMS Summary Report" and/or a "CEMS Excursion and Monitoring System Performance Report" to the Secretary quarterly; the Secretary may, on a case-by-case basis, require more frequent reporting if the Secretary deems it necessary to accurately assess the compliance status of the source. All reports shall be postmarked no later than forty-five (45) days following the end of each calendar quarter. The CEMS Summary Report shall contain the information and be in the format shown in Appendix A unless otherwise specified by the Secretary.

7.2.a.1. Submittal of 40 CFR Part 75 data in electronic data reporting (EDR) format to the Secretary shall be deemed to satisfy the requirements of subdivision 7.2.a.

7.2.a.2. If the total duration of excursions for the reporting period is less than four percent (4%) of the total source operating time for the reporting period and the total monitoring method downtime for the reporting period is less than five percent (5%) of the total source operating time for the reporting period, only the CEMS Summary Report shall be submitted; the CEMS Excursion and Monitoring System Performance report shall be maintained on-site and shall be submitted to the Secretary upon request.

7.2.a.3. If the total duration of excursions for the reporting period is four percent (4%) or greater of the total operating time for the reporting period or the total monitoring method downtime for the reporting period is five percent (5%) or greater of the total operating time for the reporting period, the CEMS Summary Report and the CEMS Excursion and Monitoring System Performance Report shall both be submitted to the Secretary.

7.2.a.4. The CEMS Excursion and Monitoring System Performance Report shall be in a format approved by the Secretary and shall include the following information:

7.2.a.4.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;

7.2.a.4.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;

7.2.a.4.C. The nature and cause of any malfunction (if known), and the corrective action taken and preventive measures adopted;

7.2.a.4.D. The date and time identifying each period during which quality- controlled monitoring data was unavailable, except for zero and span checks, and the reason for data unavailability and the nature of the repairs or adjustments to the monitoring system; and

7.2.a.4.E. When no excursions have occurred or there were no periods of quality-controlled data unavailability, and no monitoring systems were inoperative, repaired, or adjusted, such information shall be stated in the report.

7.2.b. Non-CEMS Based Monitoring. -- Each owner or operator employing monitoring pursuant to subsection 6.4 shall submit a "Monitoring Summary Report" and an "Excursion and Monitoring Plan Performance Report" to the Secretary on a quarterly basis, to the extent required under paragraphs 7.2.b.1 through 7.2.b.4; the Secretary may, on a case-by-case basis, require more frequent reporting if the Secretary deems it necessary to accurately assess the compliance status of the fuel burning unit(s). All reports shall be postmarked by the thirtieth (30th) day following the end of each calendar quarter. The Monitoring Summary Report shall contain the information and be in a format approved by the Secretary.

7.2.b.1. If the total number of excursions for the reporting period is less than four percent (4%) of the total number of readings for the reporting period and the number of readings missing for the reporting period is less than five percent (5%) of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report shall be submitted to the Secretary; the Excursion and Monitoring Plan Performance Report shall be maintained on-site and shall be submitted to the Secretary upon request.

7.2.b.2. If the number of excursions for the reporting period is four percent (4%) or greater of the total number of readings for the reporting period or the number of readings missing for the reporting period is five percent (5%) or greater of the total number of readings agreed upon in the monitoring plan for the reporting period, the Monitoring Summary Report and the Excursion and Monitoring Plan Performance Report shall both be submitted to the Secretary.

7.2.b.3. The Excursion and Monitoring Plan Performance Report shall be in the format specified in an approved monitoring plan and shall include, but not be limited to, the following information:

7.2.b.3.A. The magnitude of each excursion, and the date and time, including starting and ending times, of each excursion;

7.2.b.3.B. Specific identification of each excursion that occurs during start-ups, shutdowns, and malfunctions of the facility;

7.2.b.3.C. The nature and cause of any excursion (if known), and the corrective action taken and preventive measures adopted (if any);

7.2.b.3.D. The date and time identifying each period during when data is unavailable, and the reason for data unavailability and the corrective action taken; and

7.2.b.3.E. When no excursions have occurred or there were no periods of data unavailability, such information shall be stated in the report.

7.2.b.4. The Monitoring Summary Report and the Excursion and Monitoring Plan Performance Report described in subdivision 7.2.b shall not be required to be submitted for any manufacturing process source or combustion source where the only source of sulfur dioxide emissions results from the combustion of pipeline quality natural gas, wood or distillate oil, alone or in combination. The Secretary may also exempt any manufacturing process source or combustion source from the requirement to submit the two reports referenced in this paragraph provided the Secretary is satisfied that sufficient information has been submitted to demonstrate the following:

7.2.b.4.AA The only source of sulfur dioxide emissions results from the combustion of fuel having a similar ratio of sulfur content to heating value as the other fuels mentioned in this paragraph;

7.2.b.4.B. Maximum emissions from the combustion of such fuel will be well below the applicable standard; and

7.2.b.4.C. Any other site-specific information identified by the Secretary has been addressed.

W. Va. Code R. § 45-10A-7