CSR 45-2-8. Testing, Monitoring, Recordkeeping and Reporting

§45-2-8. Testing, Monitoring, Recordkeeping and Reporting. 8.1. Testing. 8.1.a. The owner or operator of a fuel burning unit(s) shall demonstrate compliance with section 3 by periodic testing in accordance with 40 CFR Part 60, Appendix A, Method 9, or a certified continuous opacity monitoring system, as approved by the Director, and section 4 by periodic particulate matter stack testing, conducted in accordance with the appropriate test method set forth in the Appendix to this rule or other equivalent EPA approved method approved by the Director. The owner or operator shall conduct such testing at a frequency to be established by the Director. 8.1.b. At such reasonable times as the Director may designate, the owner or operator of any fuel burning unit(s) may be required to conduct or have conducted tests to determine the compliance of such unit(s) with the emission limitations of section 4. Such tests shall be conducted in accordance with the appropriate method set forth in the Appendix to this rule or other equivalent EPA approved method approved by the Director. The Director, or his duly authorized representative, may at his option witness or conduct such tests. Should the Director exercise his option to conduct such tests, the operator will provide all necessary sampling connections and sampling ports located in such manner as the Director 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.b.1. Sufficient information on temperatures, velocities, pressures, weights and dimensional values shall be reported to the Director, with such necessary commentary as he may require to allow an accurate evaluation of the reported test results and the conditions under which they were obtained. 8.1.c. The Director, or his duly authorized representative, may conduct such other tests as he may deem necessary to evaluate air pollution emissions other than those noted in subsection 4.1. 8.2. Monitoring. 8.2.a. The owner or operator of a fuel burning unit(s) shall monitor compliance with section 3 as set forth in an approved monitoring plan for each emission unit. Such monitoring plan(s) shall include, but not be limited to, one or more of the following: continuous measurement of emissions, monitoring of emission control equipment, periodic parametric monitoring, or such other monitoring as approved by the Director. 8.2.a.1. Direct measurement with a certified continuous opacity monitoring system (COMS) shall be deemed to satisfy the requirements for a monitoring plan. Such COMS shall be installed, calibrated, operated and maintained as specified in 40 CFR Part 60, Appendix B, Performance Specification 1 (PS1). COMS meeting the requirements of 40 CFR Part 75 (Acid Rain) will be deemed to have satisfied the requirements of PS1. 8.2.a.2. Monitoring plans pursuant to subdivision 8.2.a. shall be submitted to the Director within six (6) months of the effective date of this rule. Approval or denial of such plans shall be within twelve (12) months of the effective date of this rule or six (6) months after receipt of the monitoring plan, whichever is later. The owner or operator may presume approval until notified otherwise. 8.2.a.3. 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.a. The owner or operator of a fuel burning unit(s) shall maintain on-site all records of monitored data established in the monitoring plan pursuant to subdivision 8.2.a. Such records shall be made available to the Director or his duly authorized representative upon request. Such records shall be retained on-site for a minimum of five years. 8.3.b. The owner or operator shall submit a periodic exception report to the Director, in a manner and at a frequency to be established by the Director. Such 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.c. The owner or operator shall maintain records of the operating schedule and the quantity and quality of fuel consumed in each fuel burning unit in a manner to be established by the Director. Such records are to be maintained on-site and made available to the Director or his duly authorized representative upon request. 8.3.d. Where appropriate the owner or operator of a fuel burning unit(s) may maintain such records in electronic form. 8.4. Exceptions. 8.4.a. The owner or operator of a fuel burning unit(s) may petition for alternatives to testing, monitoring and reporting requirements prescribed pursuant to this rule for conditions, including, but not limited to, the following: 8.4.a.1. Infrequent use of a fuel burning unit(s). 8.4.a.2. Continuous emission measurement equipment that does not meet the design requirements of 40 CFR Part 60, Appendix B, Performance Specification 1 (PS1) or 40 CFR 75 (Acid Rain), where it can be adequately demonstrated that there is a definite and consistent relationship between its measurement and the measurements of opacity by a system complying with PS1. The Director may require that such demonstration be performed for each fuel burning unit. 8.4.a.3. Where a single fuel burning unit may have more than one emission point. 8.4.a.4. Where the desired location of the continuous monitoring system does not meet the requirements of the applicable performance standard, when the owner or operator can demonstrate that installation at alternative locations will enable accurate and representative measurements. 8.4.b. The owner or operator of a fuel burning unit(s) which combusts only natural gas shall be exempt from the requirements of subdivision 8.1.a and subsection 8.2. 8.4.c. The owner or operator of a fuel burning unit(s) with a Design Heat Input of less than 100 mmBtu/hr shall be exempt from the periodic testing requirements of subdivision 8.1.a and the monitoring requirements of subsection 8.2. The Director reserves the right to require testing pursuant to subdivisions 8.1.b and 8.1.c. 8.5. Requests for Information. 8.5.a. The Director shall respond within five working days to requests for information generated or required under this rule. Requests for information not in the Director=s custody shall be promptly forwarded to the appropriate federal or state agency known to have such information. 8.5.b. Data relating to electric utilities and fuel quality and costs of fuels are available from the Federal Energy Regulatory Commission (FERC) and the West Virginia Public Service Commission (PSC). Requests for FERC data should be sent to David P. Boergers, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, D. C. 20426 or online at http://www. ferc.fed.us/electric/f423/form423.htm. Requests for PSC data should be sent to: The West Virginia Public Service Commission, Utility Division, P. O. Box 812, Charleston, W. Va. 25323-0812.