W. Va. Code R. § 45-40-6

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 45-40-6 - Monitoring, recordkeeping and reporting requirements

6.1. The owner or operator of an applicable unit under subsection 4.1 shall comply with the provisions of 40 CFR part 75 , subpart H (including use of any of the emissions monitoring methodologies which the unit qualifies to use under 40 CFR part 75) or shall install and operate a certified continuous emission monitoring system (CEMS) or a certified predictive emission monitoring system (PEMS) as necessary to attribute ozone season mass emissions of NO_X to each unit in accordance with subsection 6.2, 6.3, 6.4 or 6.5 below. Nitrogen oxides mass emissions measurements recorded and reported in accordance with subsection 6.2, 6.3, 6.4 or 6.5 shall be used to determine a unit's compliance with the ozone season NO_X emission limitation set forth in section 5.

6.2. An owner or operator that elects to demonstrate compliance in accordance with 40 CFR part 75 , subpart H, shall meet the following requirements:

6.2.a. Install, calibrate, certify, maintain, monitor, and operate all required monitoring systems in accordance with 40 CFR part 75 , subpart H;

6.2.b. Maintain records in accordance with 40 CFR part 75 , subpart H; and

6.2.c. Submit reports in accordance with 40 CFR part 75 , subpart H.

6.3. An owner or operator that elects to demonstrate compliance using a CEMS in accordance with 40 CFR part 60, subpart Db and 45CSR16 shall meet the following requirements:

6.3.a. Install and certify the CEMS in accordance with Performance Specification 2 in Appendix B to 40 CFR part 60;

6.3.b. Operate and maintain the CEMS in accordance with 40 CFR § 60.46b on a continuous basis;

6.3.c. Install, calibrate, maintain and operate the CEMS in accordance with the continuous monitoring requirements of:

6.3.c.1.40 CFR §§ 60.48b and 60.13; or

6.3.c.2.40 CFR §§ 60.47b(e) and 60.13;

6.3.d. For each month of the ozone season:

6.3.d.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and

6.3.d.2. Calculate total monthly NO_X mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NO_X emission rate (in lb/mmBtu) determined under subdivisions 6.3.b and 6.3.c for the last day of the month on which the unit operated and divide by 2000;

6.3.e. Determine the total NO_X mass emissions for the ozone season (in tons) by summing the amounts of total monthly NO_X mass emissions calculated under subdivision 6.3.d for each month of the ozone season; and

6.3.f. Comply with the following reporting and recordkeeping requirements:

6.3.f.1. Maintain records in accordance with 40 CFR § 60.49b and all additional records necessary to support the heat input data, 30-day rolling average NO_X emission rate data, and NO_X mass emissions computations described in subdivisions 6.3.d and 6.3.e; and

6.3.f.2. Submit to the Secretary reports in accordance with 40 CFR § 60.49b and include the total monthly heat input data, 30-day rolling average NO_X emission rate data, and monthly and ozone season NO_X mass emissions computations described in subdivisions 6.3.d and 6.3.e.

6.4. An owner or operator not otherwise required to use a CEMS to demonstrate compliance with 40 CFR part 60 may elect to demonstrate compliance using a PEMS and shall meet the following requirements:

6.4.a. Install and certify the PEMS in accordance with Performance Specification 16 in Appendix B to 40 CFR part 60 and the Quality Assurance Procedures for compliance PEMS in Appendix F to 40 CFR part 60;

6.4.b. Submit to the Secretary for approval a plan that identifies the operating conditions to be monitored and the records to be maintained in accordance with 40 CFR § 60.49b(c). The request for plan approval shall be contained in the permit application or consent order required under subsection 6.6;

6.4.c. Operate and maintain the compliance PEMS on a continuous basis in accordance with 40 CFR § 60.46b and the compliance PEMS requirements provided in Performance Specification 16 in Appendix B to 40 CFR part 60 ;

6.4.d. Comply with the continuous monitoring requirements of 40 CFR §§ 60.48b and 60.13;

6.4.e. For each month of the ozone season:

6.4.e.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and

6.4.e.2. Calculate total monthly NO_X mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NO_X emission rate (in lb/mmBtu) determined under subdivisions 6.4.c and 6.4.d for the last day of the month on which the unit operated and divide by 2000;

6.4.f. Determine the total NO_X mass emissions for the ozone season (in tons) by summing the amounts of total monthly NO_X mass emissions calculated under subdivision 6.4.e for each month of the ozone season; and

6.4.g. Comply with the following reporting and recordkeeping requirements:

6.4.g.1. Maintain records in accordance with 40 CFR § 60.49b and all additional records necessary to support the heat input data, 30-day rolling average NO_X emission rate data, and NO_X mass emissions computations described in subdivisions 6.4.e and 6.4.f; and

6.4.g.2. Submit to the Secretary reports in accordance with 40 CFR § 60.49b and include the total monthly heat input data, 30-day rolling average NO_X emission rate data, and monthly and ozone season NO_X mass emissions computations described in subdivisions 6.4.e and 6.4.f.

6.5. An owner or operator of a combustion turbine unit that elects to demonstrate compliance using a CEMS shall meet the following requirements:

6.5.a. Install and certify the CEMS in accordance with Performance Specification 2 in Appendix B to 40 CFR part 60 and 45CS R16;

6.5.b. Conduct the performance tests in accordance with 40 CFR § 60.4400;

6.5.c. Operate and maintain the CEMS in accordance with 40 CFR § 60.4345 on a continuous basis;

6.5.d. Collect all CEMS data in accordance with 40 CFR § 60.4350;

6.5.e. For each month of the ozone season:

6.5.e.1. Determine total monthly heat input (in mmBtu) using fuel flowmeters and measurements or records of fuel gross calorific value, or in instances where fuel flow is not metered determine total monthly heat input (in mmBtu) from other measurements and records; and

6.5.e.2. Calculate total monthly NO_X mass emissions (in tons) by multiplying the total monthly heat input by the 30-day rolling average NO_X emission rate (in lb/mmBtu) determined under subdivisions 6.5.c and 6.5.d for the last day of the month on which the unit operated and divide by 2000;

6.5.f. Determine the total NO_X mass emissions for the ozone season (in tons) by summing the amounts of total monthly NO_X mass emissions calculated under subdivision 6.5.e for each month of the ozone season; and

6.5.g. Comply with the following reporting and recordkeeping requirements:

6.5.g.1. Maintain records in accordance with 40 CFR § 60.49b and all additional records necessary to support the heat input data, 30-day rolling average NO_X emission rate data, and NO_X mass emissions computations described in subdivisions 6.5.e and 6.5.f; and

6.6. An owner or operator that elects an alternative monitoring scenario that is not currently contained in a permit issued pursuant to 45CSR13, 45CSR14 or 45CSR19 or via a consent order shall:

6.6.a. Submit a request for the alternative monitoring scenario in a permit application in accordance with 45CSR13, 45CSR14 or 45CSR19. For compliance options provided in 6.3, 6.4 or 6.5, the permit application should identify how NO_X emissions (in tons) will be determined using the CEMS or PEMS data; and.

6.6.b. Obtain approval from the Secretary via a permit issued under 45CSR13, 45CSR14 or 45CSR19 or via a consent order, effective prior to the start of the ozone season.

6.7. An owner or operator electing to demonstrate compliance with 40 CFR part 75 , subpart H shall not use any alternative monitoring system, alternative reference method, or any other alternative for the requirements under 40 CFR part 75, subpart H prior to obtaining written approval by the Administrator in accordance with 40 CFR § 75.70(h).

6.8. An owner or operator required to demonstrate compliance with a NO_X emissions limit under 40 CFR part 60 , subpart Db shall not use an alternative monitoring system, reference method, or other CEMS requirements alternative under 40 CFR part 60, subpart Db prior to obtaining written approval by the Administrator.

6.9. The owner or operator of an applicable unit under subsection 4.1 may demonstrate compliance with the NO_X ozone season emission limitation set forth in section 5 in accordance with an alternative monitoring system under 40 CFR part 60 , subpart Db without obtaining approval of the Secretary, provided the owner or operator obtained written approval from the Administrator prior to the effective date of this rule.

W. Va. Code R. § 45-40-6