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RULE §122.147General Terms and Conditions for Compliance Assurance Monitoring

(a) For permits that contain emission units subject to compliance assurance monitoring (CAM), unless otherwise specified in the permit, the following CAM general terms and conditions shall become terms and conditions of the permit.

  (1) The permit holder shall install, calibrate, maintain, and operate a monitoring system according to the manufacturer's specifications or other written procedures that provide adequate assurance that the system would reasonably be expected to monitor accurately.

  (2) At all times, the permit holder shall properly maintain the monitoring system, including, but not limited to, maintaining parts if necessary, for routine repairs of the monitoring system.

  (3) The permit holder shall collect data at all required intervals during emission unit operation, except for, as applicable, monitoring malfunctions, repairs associated with monitoring malfunctions, and required quality assurance or control activities.

    (A) Data recorded during monitoring malfunctions, repairs associated with malfunctions, and required quality assurance or control activities shall not be used for purposes of CAM.

    (B) The permit holder shall maintain records of the beginning date and time, ending date and time, and cause (including unknown cause, if applicable) for monitoring downtime incidents (other than downtime associated with zero and span or other daily calibration checks, if applicable).

    (C) The permit holder shall use all the data collected during all periods other than those identified in subparagraph (A) of this paragraph in assessing the operation of the control device and associated control system.

    (D) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions and shall be considered deviations.

  (4) All incidents of monitoring downtime recorded under paragraph (3)(B) of this subsection shall be reported in accordance with §122.145 of this title (relating to Reporting Terms and Conditions).

  (5) The permit holder shall respond to deviations in the following manner.

    (A) The permit holder shall restore operation to its normal manner as expeditiously as practicable in accordance with good air pollution control practices for minimizing emissions.

    (B) The permit holder shall minimize the period of any startup, shutdown, or malfunction and take any necessary corrective actions to restore normal operation and prevent the likely recurrence of the cause of a deviation (other than those caused by excused startup or shutdown conditions).

  (6) The permit holder, if necessary, shall within 30 days of discovery, apply for a permit revision, or submit an application for a new authorization to operate, consistent with the procedures of Subchapter C or F of this chapter (relating to Initial Permit Issuances, Revisions, Reopenings, and Renewals; and General Operating Permits) if:

    (A) the permit holder identifies a failure to achieve compliance with an emission limitation or standard, for which the approved monitoring did not indicate a deviation while providing valid data; or

    (B) the results of compliance or performance testing document a need to modify the existing CAM requirements.

  (7) CAM requirements established under this section are subject to §§122.144 - 122.146 of this title (relating to Recordkeeping Terms and Conditions; Reporting Terms and Conditions; and Compliance Certification Terms and Conditions).

  (8) The permit holder shall comply with the requirements of a quality improvement plan according to §122.606 of this title (relating to Compliance Assurance Monitoring Quality Improvement Plans), if required by the executive director.

(b) The permit holder must be in compliance with 40 Code of Federal Regulations §64.7 (Operation of Approved Monitoring).

Source Note: The provisions of this §122.147 adopted to be effective December 11, 2002, 27 TexReg 11580

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