N.Y. Comp. Codes R. & Regs. tit. 6 § 251.5

Current through Register Vol. 46, No. 45, November 2, 2024
Section 251.5 - Monitoring
(a) 'General requirements'. The owner or operator of an emission source subject to this Part shall comply with the requirements of this Section. The owner or operator of an emission source subject to this Part shall also comply with any applicable monitoring, recordkeeping, and reporting requirements as provided in all applicable sections of 40 CFR part 75 (see Table 1, section 200.9 of this Title), unless the emission source is not otherwise required to meet the monitoring, recordkeeping, and reporting requirements of 40 CFR part 75 (see Table 1, section 200.9 of this Title) by any other applicable State or federal regulation, in which case the owner or operator may instead comply with any applicable monitoring, recordkeeping, and reporting requirements as provided in all applicable sections of 40 CFR part 60 (see Table 1, section 200.9 of this Title).
(b) 'Initial installation and certification procedures'. The owner or operator of each emission source subject to this Part must meet the following requirements.
(1) Install all CEMS required under this Part for monitoring CO2 mass emissions and heat input. This includes all CEMS required to monitor CO2 concentration, stack gas flow rate, O2 concentration, heat input, and fuel flow rate, as applicable, in accordance with either 40 CFR part 60 Appendix B Performance Specification 3 (see Table 1, section 200.9 of this Title) or 40 CFR 75.13, 75.71 (see Table 1, section 200.9 of this Title), and 75.72 (see Table 1, section 200.9 of this Title), and all portions of appendix G of 40 CFR part 75, except for equation G-1 in 40 CFR part 75 (see Table 1, section 200.9 of this Title).
(2) Successfully complete all certification tests required under subdivision (c) of this section and meet all other requirements of this Part and either 40 CFR part 60 (see Table 1, section 200.9 of this Title) or 40 CFR part 75 (see Table 1, section 200.9 of this title) as applicable to the CEMS under Paragraph(1) of this Subdivision.
(3) Record, report and quality-assure the data from the CEMS under Paragraph (1) of this Subdivision.
(c) 'Initial certification and recertification procedures'. The owner or operator of an emission source subject to this Part shall comply with the initial certification and recertification procedures for a CEMS and an alternative monitoring system under either 40 CFR part 60 Appendix B Performance Specification 3 (see Table 1, section 200.9 of this Title) or appendices D and E of 40 CFR part 75 (see Table 1, section 200.9 of this Title).
(d) 'Out-of-control periods'.
(1) Whenever any CEMS fails to meet the quality assurance and quality control requirements or data validation requirements of either 40 CFR part 60 or 40 CFR part 75 (see Table 1, section 200.9 of this Title), data shall be substituted using the applicable procedures in either 40 CFR part 60 Appendix B Performance Specification 3 (see Table 1, section 200.9 of this Title) or subpart D, appendix D, or appendix E of 40 CFR part 75 (see Table 1, section 200.9 of this Title).
(2) Whenever both an audit of a CEMS and a review of the initial certification or recertification application reveal that any CEMS should not have been certified or recertified because it did not meet a particular performance specification or other requirement under Subdivision (c) of this Section or the applicable provisions of either 40 CFR part 60 or 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 will issue a notice of disapproval of the certification status of such CEMS. For the purposes of this paragraph, 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 revokes prospectively the certification status of the CEMS. The data measured and recorded by the CEMS 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 for the CEMS. The owner or operator shall follow the initial certification or recertification procedures in Subdivision (c) of this Section for each disapproved CEMS.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 251.5

Adopted New York State Register May 29, 2019/Volume XLI, Issue 22, eff. 6/8/2019