250 R.I. Code R. 250-RICR-120-05-46.13

Current through November 21, 2024

Section 250-RICR-120-05-46.13 - Monitoring

46.13.1Monitoring requirements

A. The owners and operators, and to the extent applicable, the CO₂ authorized account representative of a CO₂ budget unit, shall comply with the monitoring requirements as provided in this subsection and all applicable sections of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part. Where referenced in §§ 46.13 and 46.14 of this Part, the monitoring requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part shall be adhered to in a manner consistent with the purpose of monitoring and reporting CO₂ mass emissions pursuant to this regulation. For purposes of complying with such requirements, the definitions in § 46.5 of this Part and in 40 C.F.R. § 72.2, shall apply, and the terms ''affected unit'', ''designated representative'', and ''continuous emissions monitoring system" or "CEMS'' in 40 C.F.R. § 75 shall be replaced by the terms ''CO₂ budget unit,'' ''CO₂ authorized account representative,'' and ''continuous emissions monitoring system" or "CEMS'', respectively, as defined in §§ 46.5(A)(29), (23), and (40) of this Part. For units not subject to an Acid Rain emissions limitation, the term "Administrator" in 40 C.F.R. § 75 shall be replaced with "the Department or its agent". Owners or operators of a CO₂ budget unit who monitor a unit that is not a CO₂ budget unit pursuant to the common, multiple, or bypass stack procedures in 40 C.F.R. § 75.72(b)(2)(ii) incorporated in § 46.4(A) of this Part, or 40 C.F.R. § 75.16(b)(2)(ii)(B) incorporated in § 46.4(A) of this Part, as pursuant to 40 C.F.R. § 75.13 incorporated in § 46.4(A) of this Part, for purposes of complying with this regulation shall monitor and report CO₂ mass emissions from such unit that is not a CO₂ budget units according to the procedures for CO₂ budget units established in §§ 46.13 and 46.14 of this Part.

B. The emissions measurements recorded and reported in accordance with this section shall be used to determine compliance by the unit with the CO₂ requirements of § 46.7(A) of this Part.

46.13.2General requirements

A. Requirements for installation, certification, and data accounting.

1. The owner or operator of each CO₂ budget unit shall meet the following requirements.

a. Install all monitoring systems necessary to monitor CO₂ mass emissions in accordance with 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, except for equation G-1. Equation G-1 in Appendix G shall not be used to determine CO₂ emissions under this section. This may require systems to monitor CO₂ concentration, stack gas flow rate, O₂ concentration, heat input, and fuel flow rate.

b. Successfully complete all certification tests required under §46.13.3 of this Part and meet all other requirements of §46.13.2 of this Part and 40 C.F.R. § 75, incorporated in § 46.4(A) of this Part, applicable to the monitoring systems under §46.13.2(A)(1)(a) of this Part.

c. Record, report and quality-assure the data from the monitoring systems under §46.13.2(A)(1)(a) of this Part.

B. Compliance dates.

1. The owner or operator of a CO₂ budget unit shall meet the monitoring system certification and other requirements of §46.13.2(A)(1)(a) through (c) of this Part on or before the following dates. The owner or operator of a CO₂ budget unit shall record, report and quality-assure the data from the monitoring systems under §46.13.2(A)(1)(a) of this Part on and after the following dates:

a. The owner or operator of a CO₂ budget unit, except for a CO₂ budget unit under §46.13.2(B)(1)(b) of this Part, that commences commercial operation before July 1, 2008, must comply with the requirements of § 46.13 of this Part by January 1, 2009.

b. The owner or operator of a CO₂ budget unit that commences commercial operation on or after July 1, 2008, must comply with the requirements of § 46.13 of this Part by the later of the following dates:

(1) January 1, 2009; or

(2) The earlier of:

(AA) Ninety (90) unit operating days after the date on which the unit commences commercial operation; or

(BB) One hundred eighty (180) calendar days after the date on which the unit commences commercial operation.

c. For the owner or operator of a CO₂ budget unit for which construction of a new stack or flue installation is completed after the applicable deadline under §§46.13.2(B)(1)(a) or (b) of this Part by the earlier of:

(1) Ninety (90) unit operating days after the date on which emissions first exit to the atmosphere through the new stack or flue; or

(2) One hundred eighty (180) calendar days after the date on which emissions first exit to the atmosphere through the new stack or flue.

C. Reporting data.

1. Except as provided in §46.13.2(C)(2) of this Part, the owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in §§46.13.2(B)(1)(a) through (c) of this Part for any monitoring system under §46.13.2(A)(1)(a) of this Part shall, for each such monitoring system, determine, record, and report maximum potential (or as appropriate minimum potential) values for CO₂ concentration, CO₂ emissions rate, stack gas moisture content, fuel flow rate, heat input, and any other parameter required to determine CO₂ mass emissions in accordance with 40 C.F.R. § 75.31(b)(2) or (c)(3) incorporated in § 46.4(A) of this Part, or 40 C.F.R. § 75, Section 2.4, Appendix D incorporated in § 46.4(A) of this Part as applicable.

2. The owner or operator of a CO₂ budget unit that does not meet the applicable compliance date set forth in §46.13.2(B)(1)(c) of this Part for any monitoring system under §46.13.2(A)(1)(a) of this Part shall, for each such monitoring system, determine, record, and report substitute data using the applicable missing data procedures in 40 C.F.R. § 75, Subpart D or Appendix D incorporated in § 46.4(A) of this Part, in lieu of the maximum potential (or as appropriate minimum potential) values for a parameter if the owner or operator demonstrates that there is continuity between the data streams for that parameter before and after the construction or installation under §46.13.2(B)(1)(c) of this Part.

a. CO₂ budget units subject to an acid rain emissions limitation or CSAPR NOx Ozone Season Trading Program that qualify for the optional SO₂, NOx, and CO₂ (for acid rain) or NOx CSAPR NOx Ozone Season Trading Program emissions calculations for low mass emissions (LME) units under 40 C.F.R. § 75.19, and report emissions for such programs using the calculations under 40 C.F.R. § 75.19 incorporated in § 46.4(A) of this Part, shall also use the CO₂ emissions calculations for LME units under 40 C.F.R. § 75.19, incorporated in § 46.4(A) of this Part, for purposes of compliance with this regulation.

b. CO₂ budget units subject to an acid rain emissions limitation or that do not qualify for the optional SO₂, NOx, and CO₂ (for acid rain) or NOx CSAPR NOx Ozone Season Trading Program emissions calculations for LME units under 40 C.F.R. § 75.19, shall not use the CO₂ emissions calculations for LME units under 40 C.F.R. § 75.19 for purposes of compliance with this regulation.

c. CO₂ budget units not subject to an acid rain emissions limitation or CSAPR NOx Ozone Season Trading Program shall qualify for the optional CO₂ emissions calculation for LME units under 40 C.F.R. § 75.19, provided that they emit less than one hundred (100) tons of NOx annually and no more than twenty-five (25) tons of SO₂ annually.

D. Prohibitions.

1. No owner or operator of a CO₂ budget unit shall use any alternative monitoring system, alternative reference method, or any other alternative for the required continuous emissions monitoring system without having obtained prior written approval in accordance with §46.14.5 of this Part.

2. No owner or operator of a CO₂ budget unit shall operate the unit so as to discharge, or allow to be discharged, CO₂ emissions to the atmosphere without accounting for all such emissions in accordance with the applicable provisions of § 46.13 of this Part and 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part.

3. No owner or operator of a CO₂ budget unit shall disrupt the continuous emissions monitoring system, any portion thereof, or any other approved emissions monitoring method, and thereby avoid monitoring and recording CO₂ mass emissions discharged into the atmosphere, except for periods of recertification or periods when calibration, quality assurance testing, or maintenance is performed in accordance with the applicable provisions of § 46.13 of this Part and 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part.

4. No owner or operator of a CO₂ budget unit shall retire or permanently discontinue use of the continuous emissions monitoring system, any component thereof, or any other approved emissions monitoring system under § 46.13 of this Part, except under any one of the following circumstances:

a. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of § 46.13 of this Part and 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, by the Department for use at that unit that provides emissions data for the same pollutant or parameter as the retired or discontinued monitoring system; or

b. The CO₂ authorized account representative submits notification of the date of certification testing of a replacement monitoring system in accordance with §46.13.3(D)(3)(a) ((1)) of this Part.

46.13.3Initial certification and recertification procedures

A. The owner or operator of a CO₂ budget unit shall be exempt from the initial certification requirements of §46.13.3 of this Part for a monitoring system under §46.13.1(A) of this Part, if the following conditions are met:

1. The monitoring system has been previously certified in accordance with 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part; and

2. The applicable quality-assurance and quality-control requirements of 40 C.F.R. § 75.21 incorporated in § 46.4(A) of this Part and 40 C.F.R. § 75, Appendix B and Appendix D incorporated in § 46.4(A) of this Part, are fully met for the certified monitoring system described in §46.13.3(A)(1) of this Part.

B. The recertification provisions of §46.13.3 of this Part shall apply to a monitoring system under §46.13.2(A)(1)(a) exempt from initial certification requirements under §46.13.3(A) of this Part.

C. Notwithstanding §46.13.3(A) of this Part, if the Administrator has previously approved a petition under 40 C.F.R. § 75.72(b)(2)(ii) or 40 C.F.R. § 75.16(b)(2)(ii) (B) as pursuant to 40 C.F.R. § 75.13 for apportioning the CO₂ emissions rate measured in a common stack or a petition under 40 C.F.R. § 75.66 for an alternative requirement in 40 C.F.R. § 75, the CO₂ authorized account representative shall submit the petition to the Department under §46.14.5(A) of this Part, to determine whether the approval applies under this program.

D. Except as provided in §46.13.3(A) of this Part, the owner or operator of a CO₂ budget unit shall comply with the following initial certification and recertification procedures for a continuous emissions monitoring system and an excepted monitoring system under 40 C.F.R. § 75, Appendix D incorporated in § 46.4(A) of this Part, and under §46.13.2(A)(1)(a) of this Part. The owner or operator of a unit that qualifies to use the low mass emissions excepted monitoring methodology in 40 C.F.R. § 75.19 or that qualifies to use an alternative monitoring system under 40 C.F.R. § 75, Subpart E shall comply with the procedures in §§46.13.3(E)(1) or (F)(1) of this Part, respectively.

1. Requirements for initial certification.

a. The owner or operator shall ensure that each monitoring system required under §46.13.2(A)(1)(a) of this Part, (which includes the automated data acquisition and handling system) successfully completes all of the initial certification testing required under 40 C.F.R. § 75.20 incorporated in § 46.4(A) of this Part. The owner or operator shall ensure that all applicable certification tests are successfully completed by the deadlines specified in §46.13.2(B) of this Part. In addition, whenever the owner or operator installs a monitoring system in order to meet the requirements of § 46.13 of this Part in a location where no such monitoring system was previously installed, initial certification in accordance with 40 C.F.R. § 75.20 incorporated in § 46.4(A) of this Part is required.

2. Requirements for recertification.

a. Whenever the owner or operator makes a replacement, modification, or change in a certified monitoring system that the Administrator or the Department determines significantly affects the ability of the system to accurately measure or record CO₂ mass emissions or to meet the requirements of 40 C.F.R. § 75.21 or 40 C.F.R. § 75 A ppendix B, the owner or operator shall recertify the monitoring system according to 40 C.F.R. § 75.20(b) incorporated in § 46.4(A) of this Part.

b. For systems using stack measurements such as stack flow, stack moisture content, CO₂ or O₂ monitors, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit's operation that the Administrator or the Department determines to significantly change the flow or concentration profile, the owner or operator shall recertify the continuous emissions monitoring system according to 40 C.F.R. § 75.20(b) incorporated in § 46.4(A) of this Part. Examples of changes which require recertification include: replacement of the analyzer, change in location or orientation of the sampling probe or site, or changing of flow rate monitor polynomial coefficients.

3. Approval process for initial certifications and recertification.

a. §§46.13.3(D)(3)(a) ((1)) through ((4)) of this Part apply to both initial certification and recertification of a monitoring system under §46.13.2(A)(1)(a) of this Part. For re-certifications, replace the words "certification" and "initial certification" with the word "recertification," replace the word "certified" with "recertified," and proceed in the manner prescribed in 40 C.F.R. § 75.20(b)(5) and (g)(7) incorporated in § 46.4(A) of this Part in lieu of §46.13.3(D)(3)(a) ((5)) of this Part.

(1) Notification of certification - The CO₂ authorized account representative shall submit to the Department or its agent, the appropriate EPA Regional Office and the Administrator a written notice of the dates of certification in accordance with §46.13.5 of this Part.

(2) Certification application - The CO₂ authorized account representative shall submit to the Department or its agent a certification application for each monitoring system. A complete certification application shall include the information specified in 40 C.F.R. § 75.63.

(3) Provisional certification data - The provisional certification date for a monitor shall be determined in accordance with 40 C.F.R. § 75.20(a)(3) incorporated in § 46.4(A) of this Part. A provisionally certified monitor may be used under the CO₂ budget Trading Program for a period not to exceed one hundred twenty (120) days after receipt, by the Department or its agent, of the complete certification application for the monitoring system or component thereof under §46.13.3(D) (3)(a) ((2)) of this Part. Data measured and recorded by the provisionally certified monitoring system or component thereof, in accordance with the requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, will be considered valid quality-assured data (retroactive to the date and time of provisional certification), provided that the Department or its agent does not invalidate the provisional certification by issuing a notice of disapproval within one hundred twenty (120) days of receipt of the complete certification application by the Department or its agent.

(4) Certification application approval process - The Department or its agent will issue a written notice of approval or disapproval of the certification application to the owner or operator within one hundred twenty (120) days of receipt of the complete certification application under §46.13.3(D)(3) (a) ((2)) of this Part. In the event the Department or its agent does not issue such a notice within such 120-day period, each monitoring system which meets the applicable performance requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part and is included in the certification application will be deemed certified for use under the CO₂ Budget Trading Program.

(AA) Approval notice - If the certification application is complete and shows that each monitoring system meets the applicable performance requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, then the Department or its agent will issue a written notice of approval of the certification application within one hundred twenty (120) days of receipt.

(BB) Incomplete application notice - If the certification application is not complete, the Department or its agent will issue a written notice of incompleteness that sets a reasonable date by which the CO₂ authorized account representative must submit the additional information required to complete the certification application. If the CO₂ authorized account representative does not comply with the notice of incompleteness by the specified date, the Department or its agent may issue a notice of disapproval under §46.13.3(D)(3)(a) ((4))((BB)) of this Part. The 120-day review period shall not begin before receipt of a complete certification application.

(CC) Disapproval notice - If the certification application shows that any monitoring system or component thereof does not meet the performance requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, or if the certification application is incomplete and the requirement for disapproval under §46.13.3(D)(3)(a) ((4))((CC)) of this Part is met, then the Department or its agent will issue a written notice of disapproval of the certification application. Upon issuance of such notice of disapproval, the provisional certification is invalidated by the Department or its agent and the data measured and recorded by each uncertified monitoring system or component thereof shall not be considered valid quality assured data beginning with the date and hour of provisional certification. The owner or operator shall follow the procedures for loss of certification in §46.13.3(D)(3)(a) ((5)) of this Part for each monitoring system or component thereof, which is disapproved for initial certification.

(DD) Audit decertification - The Department or its agent may issue a notice of disapproval of the certification status of a monitor in accordance with §46.13.4(B) of this Part.

(5) Procedures for loss of certification - If the Department or its agent issues a notice of disapproval of a certification application under §46.13.3(D)(3)(a) ((4))((CC)) of this Part or a notice of disapproval of certification status under §46.13.3(D)(3)(a) ((4))((DD)) of this Part, then:

(AA) The owner or operator shall substitute the following values for each disapproved monitoring system, for each hour of unit operation during the period of invalid data beginning with the date and hour of provisional certification and continuing until the time, date, and hour specified under 40 C.F.R. § 75.20(a)(5)(i) or 40 C.F.R. § 75.20(g)(7)

(i) For units monitoring or intending to monitor, for CO₂ mass emissions using heat input or for units using the low mass emissions excepted methodology under 40 C.F.R. § 75.19, the maximum potential hourly heat input of the unit; or

(ii) For units monitoring or intending to monitor, for CO₂ mass emissions using a CO₂ pollutant concentration monitor and a flow monitor, the maximum potential concentration of CO₂ and the maximum potential flow rate of the unit under 40 C.F.R. § 75, Section 2.1 of Appendix A.

(BB) The CO₂ authorized account representative shall submit a notification of certification retest dates and a new certification application in accordance with §§46.13.3(D)(3)(a) ((1)) and ((2)) of this Part; and

(CC) The owner or operator shall repeat all certification tests or other requirements that were failed by the monitoring system, as indicated in the Department's or its agent's notice of disapproval, no later than thirty (30) unit operating days after the date of issuance of the notice of disapproval.

E. Initial certification and recertification procedures for low mass emissions units using the excepted methodologies under §46.13.2(C)(3) of this Part.

1. The owner or operator of a unit qualified to use the low mass emissions excepted methodology under §46.13.2(C)(3) of this Part, shall meet the applicable certification and recertification requirements of 40 C.F.R. § 75.19(a)(2) incorporated in § 46.4(A) of this Part, 40 C.F.R. § 75.20(h) incorporated in § 46.4(A) of this Part, and §46.13.3 of this Part. If the owner or operator of such a unit elects to certify a fuel flow meter system for heat input determinations, the owner or operator shall also meet the certification and recertification requirements in 40 C.F.R. § 75.20(g) incorporated in § 46.4(A) of this Part.

F. Certification/recertification procedures for alternative monitoring systems.

1. The CO₂ authorized account representative representing the owner or operator of each unit applying to monitor using an alternative monitoring system approved by the Administrator and, if applicable, the Department under 40 C.F.R. § 75 Subpart E, shall comply with the applicable notification and application procedures of 40 C.F.R. § 75.20(f) incorporated in § 46.4(A) of this Part.

46.13.4Out-of-control periods

A. Whenever any monitoring system fails to meet the quality assurance and quality control requirements or data validation requirements of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, data shall be substituted using the applicable procedures in 40 C.F.R. § 75, Subpart D or Appendix D incorporated in § 46.4(A) of this Part.

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 §46.13.3 of this Part or the applicable provisions of 40 C.F.R. § 75 incorporated in § 46.4(A) of this Part, 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 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 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 §46.13.3 of this Part for each disapproved monitoring system.

46.13.5Notifications

The CO₂ authorized account representative for a CO₂ budget unit shall submit written notice to the Department and the Administrator in accordance with 40 C.F.R. § 75.61 incorporated in § 46.4(A) of this Part.

250 R.I. Code R. 250-RICR-120-05-46.13

Amended effective 12/25/2018