Current through Register Vol. 46, No. 51, December 18, 2024
Section 242-8.3 - Out-of-control periods(a) Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title), data shall be substituted using the applicable procedures in Subpart D or appendix D of 40 CFR part 75 (see Table 1, section 200.9 of this Title).(b) 'Audit decertification'. Whenever both an audit of a monitoring system and a review of the initial certification or recertification application reveal that any monitoring system should not have been certified or recertified because it did not meet a particular performance specification or other requirement under section 242-8.2 of this Subpart or the applicable provisions of 40 CFR part 75 (see Table 1, section 200.9 of this Title), both at the time of the initial certification or recertification application submission and at the time of the audit, the department or administrator will issue a notice of disapproval of the certification status of such monitoring system. For the purposes of this subdivision, an audit shall be either a field audit or an audit of any information submitted to the department or the administrator. By issuing the notice of disapproval, the department or administrator revokes prospectively the certification status of the monitoring system. The data measured and recorded by the monitoring system shall not be considered valid quality-assured data from the date of issuance of the notification of the revoked certification status until the date and time that the owner or operator completes subsequently approved initial certification or recertification tests for the monitoring system. The owner or operator shall follow the initial certification or recertification procedures in section 242-8.2 of this Subpart for each disapproved monitoring system.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 242-8.3
Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/31/2020