Cal. Code Regs. Tit. 17, div. 3, ch. 1, subch. 7.5, app 1
(a) General Requirements
(1) When the effluent from a single source, or when two or more sources are combined before being released to the atmosphere, the owner or operator shall install an applicable CMS on each effluent.
(2) When the effluent from one source is released to the atmosphere through more than one point, the owner or operator shall install an applicable CMS at each emission point unless the installation of fewer systems is approved by the Administrator.
(3) If more than one Continuous Emission Monitoring System (CEMS) is used to measure the emissions from one source, the owner or operator shall report the results as required for each CEMS.
(4) The owner or operator shall record the date and time during which a CMS is malfunctioning or inoperative, except for zero (low level) and high level checks. Also records of all required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods) shall be maintained.
(b) Recordkeeping The owner or operator shall maintain the following records:
(1) All results of performance tests, and CMS performance evaluations;
(2) All CMS calibration checks;
(3) All adjustments and maintenance performed on CMS (including the nature and cause of any malfunction and the corrective action taken or preventive measures adopted);
(4) For facilities using 20,000 pounds or more of ethylene oxide per 12 month consecutive period, all procedures that are part of a quality control program developed and implemented for CMS;
(5) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the standard, that occurs during periods other than startups, shutdowns, and malfunctions of the affected source; and
(6) The total process operating time during the reporting period.
(c) Additional Reporting The owner or operator shall submit to the Administrator a semiannual summary report. The summary report shall contain, at a minimum, the information in (h) of this subsection. In addition if the duration of excess emissions or process or control system parameter exceedances for the reporting period exceeds 1 percent or the total CMS downtime exceeds 5 percent of the reporting period, an excess emissions and continuous monitoring system performance report shall be submitted semiannually as well. The performance report shall contain, at a minimum, all information required in (h) of this subsection.
(d) Operation and maintenance of continuous monitoring systems. Each CMS shall be maintained and operated as specified in this subsection, and in a manner consistent with good air pollution control practices.
(1) All CMS shall be installed such that representative measurements of emissions or process parameters are obtained.
(2) All CMS shall be installed, operational, and the data verified either prior to or in conjunction with conducting performance tests. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system.
(e) Quality control program. (Sources using 20,000 pounds or more EtO per 12 consecutive months)
(1) The owner or operator shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit upon request by the Administrator, a site-specific performance evaluation test plan for the CMS performance evaluation. In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations:
(A) Initial and any subsequent calibration of the CMS;
(B) Determination and adjustment of the calibration drift of the CMS;
(C) Preventive maintenance of the CMS, including spare parts inventory;
(D) Data recording, calculations, and reporting;
(E) Accuracy audit procedures, including sampling and analysis methods; and
(F) Program of corrective action for a malfunctioning CMS.
(2) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this section, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan.
(f) Performance evaluation of continuous monitoring systems.
(1) If the Administrator requests a performance evaluation, the evaluation shall be conducted according to the applicable specifications and procedures described in this subsection.
(2) Notification of performance evaluation. The owner or operator shall notify the Administrator in writing of the date of the performance evaluation simultaneously with the notification of the performance test date or at least 60 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.
(3) Submission of site-specific performance evaluation test plan.
(A) Before conducting a required CMS performance evaluation, the owner or operator shall develop and submit a site-specific performance evaluation test plan to the Administrator for approval. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule data quality objectives, and both an internal and external quality assurance (QA) program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.
(B) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities.
(C) The owner or operator shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date. Review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested).
(D) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the specified time period, the following conditions shall apply.
1. If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in this measure, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method.
2. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the Administrator approves the use of the alternative method.
3. Notwithstanding the requirements in section (f)(3)(D)1. and (f)(3)(D)2., the owner or operator may proceed to conduct the performance evaluation as required in this section (without the Administrator's prior approval of the site-specific performance evaluation test plan) if he/she subsequently chooses to use the specified monitoring method(s) instead of an alternative.
(4) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall;
(A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or
(B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act.
(5) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required in accordance with the applicable performance specification as specified in the standard. If a performance test is not required, or the requirement for a performance test has been waived, the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date, or as otherwise specified in the standard.
(6) Reporting performance evaluation results. The owner or operator shall furnish the Administrator a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test within 60 days of completion of the performance evaluation if no test is required, unless otherwise specified in the standard. The Administrator may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results.
(g) Use of an alternative monitoring method. Until permission to use an alternative monitoring method has been granted by the Administrator under this paragraph, the owner or operator of an source remains subject to the requirements of this section and the standard.
(1) Request to use alternative monitoring method.
(A) An owner or operator who wishes to use an alternative monitoring method shall submit an application to the Administrator. The application may be submitted at any time provided that the monitoring method is not used to demonstrate compliance with the standard or other requirement. If the alternative monitoring method is to be used to demonstrate compliance with the standard, the application shall be submitted not later than with the site specific test plan (if requested), with the site-specific performance evaluation plan (if requested), or at least 60 days before the performance evaluation is scheduled to begin.
(B) The application shall contain a description of the proposed alternative monitoring system and a performance evaluation test plan, if required. In addition, the application shall include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method.
(C) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this section or the standard.
(2) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this part including, but not limited to, the following:
(A) Alternative monitoring requirements when installation of a CMS specified by the standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases;
(B) Alternative monitoring requirements when the affected source is infrequently operated;
(C) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements;
(D) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells;
(E) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard;
(F) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point.
(3) Status of request to use alternative monitoring method.
(A) The Administrator will notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring method within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. Before disapproving any request to use an alternative monitoring method, the Administrator will notify the applicant of the Administrator's intention to disapprove the request together with:
1. Notice of the information and findings on which the intended disapproval is based.
2. Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.
(B) If the Administrator approves the use of an alternative monitoring method for a source, the owner or operator shall continue to use the alternative monitoring method until he or she receives approval from the Administrator to use another monitoring method.
(4) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a specific method, requirement, or procedure. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail.
(h) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any data average computed.
(1) A CMS is out of control if;
(A) The zero (low-level), mid-level, or high level calibration drift (CD) exceeds two times the applicable performance specification; or
(B) The CMS fails a performance test audit, relative accuracy test audit, or linearity test audit.
(i) Summary Report - Gaseous and Continuous Monitoring System Performance.
The summary report shall contain the following information:
(1) The company name and address of the source;
(2) The date of the report, and the beginning and ending dates of the reporting period;
(3) A brief description of the process units;
(4) The emission and operating parameter limitations specified in the standard;
(5) The monitoring equipment manufacturer(s) and model number(s);
(6) The date of the latest CMS certification or audit;
(7) The total operating time during the reporting period;
(8) An emissions data summary, including the total duration of excess emissions during the reporting period (recorded in hours), the total duration of excess emissions expressed as a percent of the operating time during the reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control or monitoring equipment problems, process or process equipment problems, quality assurance, quality control calibrations, other known causes, and other unknown causes;
(9) A CMS performance summary, including the total CMS downtime recorded in hours, the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance, quality control calibrations, other known causes, and other unknown causes;
(10) A description of any changes in CMS, processes, or controls since the last reporting period; and
(11) The name, title, and signature of the responsible official who is certifying the accuracy of the report.
(j) Excess Emissions and Continuous Monitoring System Performance Report.
The excess emission report shall contain the following information:
(1) The name, title, and signature of the responsible official who is certifying the accuracy of the report;
(2) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks;
(3) The date and time the identifying each period during which the CMS was out of control;
(4) The specific identification (i.e. the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, that occurs during periods other than startups, shutdowns, and malfunctions;
(5) The specific identification (i.e. the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, that occurs during startups, shutdowns, and malfunctions;
(6) The nature and cause of any malfunction if known;
(7) The corrective action taken or preventive measures adopted;
(8) The nature of the repairs or adjustments to the CMS that was inoperative or out of control; and
(9) The total process operating time during the reporting period.
Cal. Code Regs. Tit. 17, div. 3, ch. 1, subch. 7.5, app 1