California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Appendix 1 - Requirements for Continuous Monitoring Systems (CMS)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.