Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 117 - SOURCE SURVEILLANCE - EMISSIONS MONITORING › Section 096-117-5 - Data Recovery Requirements

Current through 2024-29, July 17, 2024
CEMS must record accurate and reliable data during all
				  source-operating time except during established quality assurance and quality
				  control procedure periods or during unavoidable malfunction periods. All valid
				  data points shall be used in calculating emissions.
A.CEMS, PM CEMS or CERMS Data Recovery
				Requirements. If the CEMS is recording accurate and reliable data less that 90%
				of source-operating time within any quarter of the calendar year, the
				Department may initiate enforcement action and may include in that enforcement
				action any period of time that the CEMS was not recording accurate and reliable
				data during that quarter unless the owner or operator can demonstrate to the
				satisfaction of the Department that the failure of the system to record
				accurate and reliable data was due to the performance of established quality
				assurance and the quality control procedures or unavoidable malfunctions.
Note: Pursuant to 38 M.R.S.A., Section349, the Department may
				  not initiate enforcement action against any person for failure to operate a
				  gaseous CEMS, PM CEMS or CERMS as long as the system is recording accurate and
				  reliable data at least 90% of the source-operating time in each quarter of the
				  calendar year.
B. COMS Data
				Recovery Requirements. If the COMS is recording accurate and reliable data less
				than 95% of the source-operating time within any quarter of the calendar year,
				the Department may initiate enforcement action for any period of time that the
				COMS was not recording accurate and reliable data during that quarter unless
				the owner or operator can demonstrate to the satisfaction of the Commissioner
				that the failure of the system to record accurate and reliable data was due to
				the performance of established quality assurance and quality control procedures
				or unavoidable malfunctions.
Note: Pursuant to 38 M.R.S.A., Section349, the Department may
				  not initiate enforcement action against any person for failure to operate a
				  COMS as long as the system is recording accurate and reliable data at least 95%
				  of the source-operating time in each quarter of the calendar year, excluding
				  time periods when the owner or operator is performing quality assurance and
				  quality control procedures on the system that are required by the
				  department.
C.The owner or
				operator of emissions units subject to this regulation must not intentionally
				disable, neglect or otherwise tamper with CEMS for the purpose of making data
				unavailable. The burden of proof is on the owner or operator to demonstrate
				that the failure of the CEMS to record accurate and reliable data was due to
				performance of established quality assurance and quality control procedures or
				unavoidable malfunctions and was not intended to make monitoring data
				unavailable.
D.If a CEMS is
				inoperable for greater than 10 percent (or 5% for COMS) of the time over each
				of four consecutive calendar quarters; then the owner or operator of emissions
				units subject to this regulation must replace and certify a new CEMS within 90
				days of the end of the fourth quarter. Alternatives to the replacement of the
				entire CEMS system shall be allowed provided that the owner or operator can
				provide the Department with technical justification that the proposed
				alternative will ensure that the applicable data availability requirement can
				be met on a consistent basis.
E.COMS uptime is calculated by adding the
				number of valid minutes recorded for the COMS to the number of minutes of
				scheduled routine QA/QC conducted for the time period divided by the number of
				source operating minutes for the same time period. For other CEMS, monitor
				uptime is calculated by dividing the number of valid CEMS hours by the number
				of source operating hours for the same time period.