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West Virginia Administrative Code
Agency 45 - Air QualityTitle 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY
Series 45-39 - Control Of Annual Nitrogen Oxide Emissions To Mitigate Interstate Transport Of Fine Particulate Matter And Nitrogen Oxides
Section 45-39-70 - General Monitoring and Reporting Requirements

W. Va. Code R. § 45-39-70

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-39-70 - General Monitoring and Reporting Requirements

The owners and operators, and to the extent applicable, the CAIR designated representative of a CAIR NOX Annual unit, must comply with the monitoring, recordkeeping and reporting requirements as provided in sections 70 through 75 and Subpart H of 40 CFR Part 75. For purposes of complying with such requirements, the definitions in section 2 and in 40 CFR §72.2 will apply, and the terms "affected unit," "designated representative," and "continuous emission monitoring system" (or "CEMS") in 40 CFR Part 75 will be deemed to refer to the terms "CAIR NOX Annual unit," "CAIR designated representative," and "continuous emission monitoring system" (or "CEMS") respectively, as defined in section 2. The owner or operator of a unit that is not a CAIR NOX Annual unit but that is monitored under 40 CFR §75.72(b)(2)(ii) must comply with the same monitoring, recordkeeping and reporting requirements as a CAIR NOX Annual unit.

70.1. Requirements for installation, certification and data accounting. -- The owner or operator of each CAIR NOX Annual unit will:
70.1.a. Install all monitoring systems required under sections 70 through 75 for monitoring NOX mass emissions and individual unit heat input (including all systems required to monitor NOX emission rate, NOX concentration, stack gas moisture content, stack gas flow rate, CO2 or O2 concentration, and fuel flow rate, as applicable, in accordance with 40 CFR §§75.71 and 75.72 );
70.1.b. Successfully complete all certification tests required under section 71 and meet all other requirements of sections 70 through 75 and 40 CFR Part 75 applicable to the monitoring systems under subdivision 70.1.a; and
70.1.c. Record, report and quality-assure the data from the monitoring systems under subdivision 70.1.a.
70.2. Compliance deadlines. -- Except as provided in subsection 70.5, the owner or operator must meet the monitoring system certification and other requirements of subdivisions 70.1.a and 70.1.b on or before the following dates. The owner or operator will record, report, and quality-assure the data from the monitoring systems under subdivision 70.1.a on and after the following dates:
70.2.a. For the owner or operator of a CAIR NOX Annual unit that commences commercial operation before July 1, 2007, by January 1, 2008;
70.2.b. For the owner or operator of a CAIR NOX Annual unit that commences commercial operation on or after July 1, 2007, by the later of the following dates:
70.2.b.1. January 1, 2008; or
70.2.b.2. Ninety unit operating days or 180 calendar days, whichever occurs first, after the date on which the unit commences commercial operation;
70.2.c. For the owner or operator of a CAIR NOX Annual unit for which construction of a new stack or flue or installation of add-on NOX emission controls is completed after the applicable deadline under subdivisions 70.2.a, 70.2.b, 70.2.d or 70.2.e, by 90 unit operating days or 180 calendar days, whichever occurs first, after the date on which emissions first exit to the atmosphere through the new stack or flue or add-on NOX emissions controls.
70.3. Reporting data. -- The owner or operator of a CAIR NOX Annual unit that does not meet the applicable compliance date set forth in subsection 70.2 for any monitoring system under subdivision 70.1.a will, for each such monitoring system, determine, record, and report maximum potential (or, as appropriate, minimum potential) values for NOX concentration, NOX emission rate, stack gas flow rate, stack gas moisture content, fuel flow rate, and any other parameters required to determine NOX mass emissions and heat input in accordance with 40 CFR §§75.31 (b)(2) or (c)(3), section 2.4 of Appendix D to 40 CFR Part 75, or section 2.5 of Appendix E to 40 CFR Part 75, as applicable.
70.4. Prohibitions.
70.4.a. No owner or operator of a CAIR NOX Annual unit will use any alternative monitoring system, alternative reference method, or any other alternative to any requirement of sections 70 through 75 without having obtained prior written approval in accordance with section 75.
70.4.b. No owner or operator of a CAIR NOX Annual unit will operate the unit so as to discharge, or allow to be discharged, NOX emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of sections 70 through 75 and 40 CFR Part 75.
70.4.c. No owner or operator of a CAIR NOX Annual unit will disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOX mass emissions discharged into the atmosphere or heat input, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of sections 70 through 75 and 40 CFR Part 75.
70.4.d. No owner or operator of a CAIR NOX Annual unit will retire or permanently discontinue use of the continuous emission monitoring system, any component thereof, or any other approved monitoring system under sections 70 through 75, except under any one of the following circumstances:
70.4.d.1. During the period that the unit is covered by an exemption under section 5 that is in effect;
70.4.d.2. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of sections 70 through 75 and 40 CFR Part 75, by the Secretary for use at that unit that provides emission data for the same pollutant or parameter as the retired or discontinued monitoring system; or
70.4.d.3. The CAIR designated representative submits notification of the date of certification testing of a replacement monitoring system for the retired or discontinued monitoring system in accordance with paragraph 71.4.c.1.
70.5. Long-term cold storage. -- The owner or operator of a CAIR NOX Annual unit is subject to the applicable provisions of 40 CFR Part 75 concerning units in long-term cold storage.

W. Va. Code R. § 45-39-70