Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0002 - Air Quality › Chapter 7 - MONITORING REGULATIONS › Section 7-3 - Compliance assurance monitoring (CAM)

Current through July 13, 2024
(a) Definitions.
				For purposes of this section:
"Act"
means the Clean Air
				  Act, as amended by Pub.L.
				  101-549,
				  42 U.S.C.
				  7401, et seq.
"Applicable requirement"
means all of the following as they apply to emissions units at a source
				  subject to this section (including requirements with future effective
				  compliance dates that have been promulgated or approved by the EPA or the State
				  through rulemaking at the time of issuance of the operating permit):
(i) Any standard or other requirement
				provided for in the Wyoming Implementation Plan approved or promulgated by the
				EPA under Title I of the Act that implements the relevant requirements of the
				Act, including any revisions to the plan promulgated in 40 CFR part
				52;
(ii) Any standards or
				requirements in the WAQSR which are not a part of the approved Wyoming
				Implementation Plan and are not federally enforceable;
(iii) Any term or condition of any
				preconstruction permits issued pursuant to regulations approved or promulgated
				through rulemaking under Title I, including parts C or D of the Act and
				including Chapter 5, Section 2 and Chapter 6, Sections 2 and 4 of the
				WAQSR;
(iv) Any standard or other
				requirement promulgated under section 111 of the Act, including section 111(d)
				and Chapter 5, Section 2 of the WAQSR;
(v) Any standard or other requirement under
				section 112 of the Act, including any requirement concerning accident
				prevention under section 112(r)(7) of the Act and including any regulations
				promulgated by the EPA and the State pursuant to section 112 of the
				Act;
(vi) Any standard or other
				requirement of the acid rain program under Title IV of the Act or the
				regulations promulgated thereunder;
(vii) Any requirements established pursuant
				to section 504(b) or section 114(a)(3) of the Act concerning enhanced
				monitoring and compliance certifications;
(viii) Any standard or other requirement
				governing solid waste incineration, under section 129 of the Act;
(ix) Any standard or other requirement for
				consumer and commercial products, under section 183(e) of the Act (having to do
				with the release of volatile organic compounds under ozone control
				requirements);
(x) Any standard or
				other requirement of the regulations promulgated to protect stratospheric ozone
				under Title VI of the Act, unless the EPA has determined that such requirements
				need not be contained in a Title V permit;
(xi) Any national ambient air quality
				standard or increment or visibility requirement under part C of Title I of the
				Act, but only as it would apply to temporary sources permitted pursuant to
				section 504(e) of the Act; and
(xii) Any state ambient air quality standard
				or increment or visibility requirement of the WAQSR.
(xiii) Nothing under Chapter 6, Section
				3(b)(v) shall be construed as affecting the allowance program and Phase II
				compliance schedule under the acid rain provision of Title IV of the
				Act.
"Capture system"
means the
				  equipment (including but not limited to hoods, ducts, fans, and booths) used to
				  contain, capture and transport a pollutant to a control device.
"Continuous compliance determination method"
means a method, specified by the applicable standard or an
				  applicable permit condition, which:
(i) Is used to determine compliance with an
				emission limitation or standard on a continuous basis, consistent with the
				averaging period established for the emission limitation or standard;
				and
(ii) Provides data either in
				units of the standard or correlated directly with the compliance unit.
"Control device"
means
				  equipment, other than inherent process equipment, that is used to destroy or
				  remove air pollutant(s) prior to discharge to the atmosphere. The types of
				  equipment that may commonly be used as control devices include, but are not
				  limited to, fabric filters, mechanical collectors, electrostatic precipitators,
				  inertial separators, afterburners, thermal or catalytic incinerators,
				  adsorption devices (such as carbon beds), condensers, scrubbers (such as wet
				  collection and gas absorption devices), selective catalytic or non-catalytic
				  reduction systems, flue gas recirculation systems, spray dryers, spray towers,
				  mist eliminators, acid plants, sulfur recovery plants, injection systems (such
				  as water, steam, ammonia, sorbent or limestone injection), and combustion
				  devices independent of the particular process being conducted at an emissions
				  unit (e.g., the destruction of emissions achieved by venting process emission
				  streams to flares, boilers or process heaters). For purposes of this part, a
				  control device does not include passive control measures that act to prevent
				  pollutants from forming, such as the use of seals, lids, or roofs to prevent
				  the release of pollutants, use of low-polluting fuel or feedstocks, or the use
				  of combustion or other process design features or characteristics. If an
				  applicable requirement establishes that particular equipment which otherwise
				  meets this definition of a control device does not constitute a control device
				  as applied to a particular pollutant-specific emissions unit, then that
				  definition shall be binding for purposes of this part.
"Data"
means the results of
				  any type of monitoring or method, including the results of instrumental or
				  non-instrumental monitoring, emission calculations, manual sampling procedures,
				  recordkeeping procedures, or any other form of information collection procedure
				  used in connection with any type of monitoring or method.
"Emission limitation or standard"
means any applicable requirement that constitutes an emission
				  limitation, emission standard, standard of performance or means of emission
				  limitation as defined under the Act. An emission limitation or standard may be
				  expressed in terms of the pollutant, expressed either as a specific quantity,
				  rate or concentration of emissions (e.g., pounds of SO2
				  per hour, pounds of SO2 per million British thermal
				  units of fuel input, kilograms of VOC per liter of applied coating solids, or
				  parts per million by volume of SO2) or as the
				  relationship of uncontrolled to controlled emissions (e.g., percentage capture
				  and destruction efficiency of VOC or percentage reduction of
				  SO2). An emission limitation or standard may also be
				  expressed either as a work practice, process or control device parameter, or
				  other form of specific design, equipment, operational, or operation and
				  maintenance requirement. For purposes of this part, an emission limitation or
				  standard shall not include general operation requirements that an owner or
				  operator may be required to meet, such as requirements to obtain a permit, to
				  operate and maintain sources in accordance with good air pollution control
				  practices, to develop and maintain a malfunction abatement plan, to keep
				  records, submit reports, or conduct monitoring.
"Emissions unit"
means any
				  part or activity of a stationary source that emits or has the potential to emit
				  any regulated air pollutant or any pollutant listed under section 112(b) of the
				  Act. This term is not meant to alter or affect the definition of the term
				  "unit" for purposes of Title IV of the Act.
"Exceedance"
shall mean a
				  condition that is detected by monitoring that provides data in terms of an
				  emission limitation or standard and that indicates that emissions (or opacity)
				  are greater than the applicable emission limitation or standard (or less than
				  the applicable standard in the case of a percent reduction requirement)
				  consistent with any averaging period specified for averaging the results of the
				  monitoring.
"Excursion"
shall mean a
				  departure from an indicator range established for monitoring under this part,
				  consistent with any averaging period specified for averaging the results of the
				  monitoring.
"Greenhouse gases (GHGs)"
means the air pollutant defined as the aggregate group of six greenhouse
				  gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
				  perfluorocarbons, and sulfur hexafluoride.
"Inherent process equipment"
means equipment that is necessary for the proper or safe functioning of
				  the process, or material recovery equipment that the owner or operator
				  documents is installed and operated primarily for purposes other than
				  compliance with air pollution regulations. Equipment that must be operated at
				  an efficiency higher than that achieved during normal process operations in
				  order to comply with the applicable emission limitation or standard is not
				  inherent process equipment. For the purposes of this part, inherent process
				  equipment is not considered a control device.
"Major source"
means any
				  stationary source (or any group of stationary sources that are located on one
				  or more contiguous or adjacent properties, and are under common control of the
				  same person or persons under common control) belonging to a single major
				  industrial grouping and that is described in paragraphs (i), (ii), or (iii) of
				  this definition. For the purpose of defining "major source", a stationary
				  source or group of stationary sources shall be considered part of a single
				  industrial grouping if all of the pollutant emitting activities at such source
				  or group of sources on contiguous or adjacent properties belong to the same
				  Major Group (i.e., all have the same two-digit code) as described in the
				  Standard Industrial Classification Manual, 1987.
(i) A major source under section 112 of the
				Act, which is defined as:
(A) For pollutants
				other than radionuclides, any stationary source or group of stationary sources
				located within a contiguous area and under common control that emits or has the
				potential to emit, in the aggregate, 10 tons per year (tpy) or more of any
				hazardous air pollutant which has been listed pursuant to section 112(b) of the
				Act, 25 tpy or more of any combination of such hazardous air pollutants, or
				such lesser quantity as the EPA may establish by rule. Notwithstanding the
				preceding sentence, emissions from any oil or gas exploration or production
				well (with its associated equipment) and emissions from any pipeline compressor
				or pump station shall not be aggregated with emissions from other similar
				units, whether or not such units are in a contiguous area or under common
				control, to determine whether such units or stations are major sources;
				or
(B) For radionuclides, "major
				source" shall have the meaning specified by the EPA by rule.
(ii) A major stationary source of
				air pollutants, as defined in section 302 of the Act, that directly emits or
				has the potential to emit, 100 tpy or more of any air pollutant including any
				major source of fugitive emissions of any such pollutant, as determined by the
				rule by the EPA, except that a source that meets this definition for only GHGs
				and no other air pollutant, shall not be required to comply with the provisions
				of this section. Emissions of air pollutants regulated solely due to section
				112(r) of the Act shall not be considered in determining whether a source is a
				"major source" for purposes of Chapter 6, Section 3 applicability. The fugitive
				emissions of a stationary source shall not be considered in determining whether
				it is a major stationary source unless the source belongs to one of the
				following categories of stationary sources:
(A) Stationary sources listed in Chapter 6,
				Section 4(a)(i)(a) of the WAQSR; or
(B) Any other stationary source category,
				which as of August 7, 1980 is being regulated under section 111 or 112 of the
				Act.
(iii) A major
				stationary source as defined in part D of Title I of the Act (in reference to
				sources located in nonattainment areas).
"Monitoring"
means any form
				  of collecting data on a routine basis to determine or otherwise assess
				  compliance with emission limitations or standards. Recordkeeping may be
				  considered monitoring where such records are used to determine or assess
				  compliance with an emission limitation or standard (such as records of raw
				  material content and usage, or records documenting compliance with work
				  practice requirements). The conduct of compliance method tests, such as the
				  procedures in 40 CFR part 60, Appendix A, on a routine periodic basis may be
				  considered monitoring (or as a supplement to other monitoring), provided that
				  requirements to conduct such tests on a one-time basis or at such times as a
				  regulatory authority may require on a non-regular basis are not considered
				  monitoring requirements for purposes of this paragraph. Monitoring may include
				  one or more than one of the following data collection techniques, where
				  appropriate for a particular circumstance:
(i) Continuous emission or opacity monitoring
				systems;
(ii) Continuous process,
				capture system, control device or other relevant parameter monitoring systems
				or procedures, including a predictive emission monitoring system;
(iii) Emission estimation and calculation
				procedures (e.g., mass balance or stoichiometric calculations);
(iv) Maintenance and analysis of records of
				fuel or raw materials usage;
(v)
				Recording results of a program or protocol to conduct specific operation and
				maintenance procedures;
(vi)
				Verification of emissions, process parameters, capture system parameters, or
				control device parameters using portable or in situ measurement
				devices;
(vii) Visible emission
				observations;
(viii) Any other form
				of measuring, recording, or verifying on a routine basis emissions, process
				parameters, capture system parameters, control device parameters or other
				factors relevant to assessing compliance with emission limitations or
				standards.
"Operating permit"
means any
				  permit or group of permits covering a source under Chapter 6, Section 3,
				  Operating Permits that is issued, renewed, amended, or revised pursuant to
				  Chapter 6, Section 3.
"Operating permit application"
shall mean an application (including any supplement to a previously
				  submitted application) that is submitted by the owner or operator in order to
				  obtain a Chapter 6, Section 3, operating permit.
"Owner or operator"
means
				  any person who owns, leases, operates, controls or supervises a stationary
				  source subject to this part.
"Pollutant-specific emissions unit"
means an emissions unit considered separately with respect to each
				  regulated air pollutant.
"Potential to emit"
means
				  the maximum capacity of a stationary source to emit any air pollutant under its
				  physical and operational design. Any physical or operational limitation on the
				  capacity of a source to emit an air pollutant, including air pollution control
				  equipment and restrictions on hours of operation or on the type or amount of
				  material combusted, stored or processed, shall be treated as part of its design
				  if the limitation is enforceable by the EPA and the Division. This term does
				  not alter or affect the use of this term for any other purposes under the Act,
				  or the term "capacity factor" as used in Title IV of the Act or the regulations
				  promulgated thereunder.
"Predictive emission monitoring system
				  (PEMS)"
means a system that uses process and other parameters
				  as inputs to a computer program or other data reduction system to produce
				  values in terms of the applicable emission limitation or standard.
"Regulated air pollutant"
means the following:
(i)
				Nitrogen oxides (NOx) or any volatile organic compound;
(ii) Any pollutant for which a national
				ambient air quality standard has been promulgated;
(iii) Any pollutant that is subject to any
				standard established in Chapter 5, Section 2 of the WAQSR or section 111 of the
				Act;
(iv) Any Class I or II
				substance subject to a standard promulgated under or established by Title VI of
				the Act; or
(v) Any pollutant
				subject to a standard promulgated under section 112 or other requirements
				established under section 112 of the Act, including sections 112(g), (j), and
				(r) of the Act, including the following:
(A)
				Any pollutant subject to requirements under section 112(j) of the Act. If the
				EPA fails to promulgate a standard by the date established pursuant to section
				112(e) of the Act, any pollutant for which a subject source would be major
				shall be considered to be regulated on the date 18 months after the applicable
				date established pursuant to section 112(e) of the Act; and
(B) Any pollutant for which the requirements
				of section 112(g)(2) of the Act have been met, but only with respect to the
				individual source subject to section 112(g)(2) requirement.
(vi) Pollutants regulated solely
				under section 112(r) of the Act are to be regulated only with respect to the
				requirements of section 112(r) for permits issued under Chapter 6, Section 3,
				Operating Permits.