W. Va. Code R. § 45-21-41

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

Section 45-21-41 - Test Methods and Compliance Procedures: General Provisions

41.1. Test methods. -- The owner or operator of any volatile organic compound (VOC) source required to comply with sections 11. through 40. shall, at the owner's or operator's expense, demonstrate compliance by using the methods of sections 41. through 47. or alternative methods that are approved by the Secretary and the U.S. EPA and shall meet all the requirements of this section 41.

41.2. Preparation of test plan and quality assurance program. -- At least 30 days before the initiation of a required test under section 44., the owner or operator shall submit a test plan that shall be approved by the Secretary before the results of the test will be considered acceptable. This test plan shall include the following minimum information:

41.2.1. The purpose of the proposed test and the applicable section of sections 11. through 40. of this regulation;

41.2.2. A detailed description of the facility to be tested, including a line diagram of the facility, locations of test sites, and facility operation conditions for the test;

41.2.3. A detailed description of the test methods and procedures, equipment, and sampling sites, i.e., a test plan;

41.2.4. A time table for the following:

41.2.4.a. Date for the compliance test;

41.2.4.b. Date of submittal of preliminary results to the Secretary (not later than 30 days after sample collection); and

41.2.4.c. Date of submittal of final test report (not later than 60 days after completion of on-site sampling); and

41.2.5. Proposed corrective actions should the test results show noncompliance.

41.2.6. Internal QA program. -- The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision. An example of internal QA is the sampling and analysis of replicable samples.

41.2.7. External QA program.

41.2.7.a. The external QA program shall include, at a minimum, application of plans for a test method performance audit (PA) during the performance test.

41.2.7.b. The external QA program may also include systems audits, which include the opportunity for on-site evaluation by the Secretary of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.

41.2.7.c. The PA's shall consist of blind audit samples provided by the Secretary and analyzed during the performance test to provide a measure of test data bias.

41.2.7.c.1. The Secretary shall require the owner or operator to analyze PA samples during each performance test when audit samples are available.

41.2.7.c.2. Information concerning the availability of audit materials for a specific performance test may be obtained by contacting the Emission Measurement Technical Information Center at (919) 541-2237.

41.2.7.c.3. If the Secretary has prior knowledge that an audit material is available, he or she may contact the Atmospheric Research and Exposure Assessment Laboratory directly at (919)541-4531.

41.2.7.c.4. All other audit materials may be obtained by calling (919) 541-7834.

41.2.7.c.5. The evaluation criteria applied to the interpretation of the PA results and the subsequent remedial actions required of the owner or operator are the sole responsibility of the Secretary.

41.3. Process operation. -- The owner or operator shall be responsible for providing:

41.3.1. Sampling ports, pipes, lines, or appurtenances for the collection of samples and data required by the test methods and procedures;

41.3.2. Safe access to the sample and data collection locations; and

41.3.3. Light, electricity, and the utilities required for sample and data collection.

41.4. Summary of results. -- No later than 30 days after the sample collection, the owner or operator shall submit preliminary results to the Secretary.

41.5. Final report. -- No later than 60 days after completion of the on-site sampling, the owner or operator shall submit a test report to the Secretary. The test report shall include the following minimum information:

41.5.1. Process description;

41.5.2. Air pollution capture system and control device description;

41.5.3. Process conditions during testing;

41.5.4. Test results and example calculations;

41.5.5. Description of sampling locations and test methods;

41.5.6. Quality assurance measures; and

41.5.7. Field and analytical data.

W. Va. Code R. § 45-21-41