Current through Register Vol. 43, No. 12, March 20,
2024
(a) All sources
subject to the provisions of this regulation shall install, test and
continuously operate a continuous emission monitoring system or systems (CEMS)
and comply with data reduction requirements of the department and reporting,
record keeping and quality assurance requirements established by this
regulation. For any emission unit subject to this regulation, CEMS data which
shows emissions in excess of an applicable emission limitation or standard
shall be evidence that the emission unit is in noncompliance with the emission
limitation or standard.
(b)
Emission units exempt from the provisions of this regulation include:
(1) Those which have been required to install
CEMS under provisions of K.A.R. 28-19-83; and
(2) fossil-fuel fired steam generators whose
annual capacity factor, as reported to the federal power commission, is limited
by permit condition under K.A.R. 28-19-14 to be less than 30 percent. If, upon
application by the source owner or operator, the department approves removal of
the capacity factor restriction, the appropriate CEMS shall be installed and
operational within six months of the date that the department approved the
restriction removal.
(c) Emission units required by this
regulation to operate CEMS and monitor and report emissions include:
(1) Coal-fired steam generators that have a
heat input greater than 250 million British Thermal Units per hour (BTU/hr).
These generators shall be monitored for opacity; and
(2) coal-fired steam generators that have a
heat input greater than 250 million BTU/hr and that have installed sulfur
dioxide (SO2) emission control equipment. These generators shall be monitored
for SO2, and carbon dioxide (CO2) or oxygen (O2) or some combination of these
emissions; and
(3) fluid-bed
catalytic cracking units catalyst regenerators at petroleum refineries with
greater than 20,000 barrels per day fresh feed capacity. Such regenerators
shall be monitored for opacity.
(d) Each emission unit required to operate
CEMS shall complete the installation and demonstrate compliance with the
performance tests of such equipment by November 1, 1987.
(e) If the affected emission unit is unable
to comply with the requirements of subsection (d), a compliance schedule shall
be submitted by the source owner or operator to and received by the department
not later than June 1, 1987. A justification for the extended compliance
schedule shall be submitted. The request may be approved or denied by the
department and the source owner or operator shall be informed of the
department's determination and the reasons for that decision. An extension
shall not be permitted beyond November 1, 1988.
(f) The owner or operator of an affected
emission unit shall notify the department of the following:
(1) the anticipated date of installation of
the CEMS postmarked at least 30 days prior to that date. Each CEMS shall be
installed in a location approved by the department before installation begins;
and
(2) the date upon which CEMS
performance tests commence in accordance with this regulation. Notification
shall be postmarked not less than 30 days prior to that date.
(g) The performance specifications
and test procedures for opacity, SO2, O2, and CO2 CEMS in 40 CFR Part 60
Appendix B, as in effect on July 1, 1986, are adopted by reference except that
reference to "Administrator" in 40 CFR Part 60 Appendix B shall mean the
secretary of the department of health and environment. The specification test
requirements for the CEMS are as follows:
(1)
Performance Specification 1 for opacity;
(2) Performance Specification 2 for SO2
(3) Performance Specification 3
for CO2; and
(4) Performance
Specification 3 for O2.
(h) Each source owner or operator subject to
this regulation shall maintain a file of all measurements, including CEMS,
monitoring device and performance testing measurements, all CEMS performance
evaluations, all CEMS or monitoring device calibration checks, adjustments and
maintenance performed on these systems or devices and all other information
required by this regulation that shall be recorded in a permanent form suitable
for inspection by a department or U.S. environmental protection agency
representative. The file shall be retained at the affected source for at least
two years following the date of the measurements, maintenance, reports, and
records, or if longer, during the pending of any action to enforce the
requirements of this regulation.
(i) All CEMS shall be operated continuously
except for system breakdowns, repairs, calibration checks and zero and span
adjustments required under the quality assurance plan of this regulation.
(j) Source emission shall be
monitored during all phases of operation except during periods of scheduled
emissions unit outages or turnaround. Emission units not in operation are not
required to monitor emissions.
(k)
Owners or operators of sources subject to this regulation shall submit a
written report of emissions in excess of the applicable standards in a manner
prescribed by the department for each calendar quarter to the department and it
must be postmarked before the 30th day following the end of each calendar
quarter. The report shall provide the following information:
(1) the total time the affected emissions
unit was in operation for the quarter;
(2) the magnitude of excess emissions,
computed in accordance with this regulation, any conversion factors used, and
the date and time each period of excess emissions began and ended;
(3) specific identification of each period of
excess emissions that occurred during startups, shutdowns, malfunctions and any
other reason. The nature and cause of the excess emissions, the corrective
action taken and the preventive measures adopted shall be specified;
(4) the date and time identifying each period
during which the CEMS was inoperative except for the zero and span checks. The
nature and cause of the CEMS breakdown and the repairs or corrective action
taken shall be identified. Proof of CEMS performance may be required by the
secretary whenever system repairs or adjustments have been made;
(5) the result of each performance audit; and
(6) if no excess emissions have
occurred or the CEMS have not required corrective actions, a statement
verifying that fact.
(l) The information required by subsections
(k)(1) through (k)(6) shall be summarized in the following manner for
monitoring and reporting purposes:
(1)
Measurements of opacity shall be reduced to one-minute periods. Each one-minute
period shall be calculated from 10 or more data points equally spaced through
each one-minute period;
(2)
gaseous measurements shall be reduced to three-hour averages in units of the
emission standards; and
(3) data
recorded during periods of CEMS breakdowns, repairs, calibration checks and
zero and span adjustments shall not be included in the data averages or the
emission report. An arithmetic or integrated average may be used for those time
periods. After conversion to units of the standard, the data may be rounded to
the same number of significant digits used to specify the emission standard.
(4) Owners or operators of
affected sources shall use Method 19 of 40 CFR Part 60, appendix A, as in
effect July 1, 1989, for converting CEMS data to units of the standard.
(5) The secretary may allow data
reporting or reduction procedures varying from those set forth in this
regulation if the owner or operator of a source shows to the satisfaction of
the secretary that the procedures are at least as accurate as those of the
regulation.
(m) Not
less than 30 days prior to commencement of CEMS performance tests, each source
owner or operator required to operate CEMS shall develop and submit to the
department a quality assurance plan that shall contain all provisions necessary
to ensure that the CEMS produce continuous data with sufficient accuracy and
precision to allow the department to determine whether the emissions unit is in
compliance with the applicable opacity and SO2 limitations. Plan requirements
for CEMS shall include, at a minimum, the requirements and recommendations of
the CEMS manufacturer. The provisions of the quality assurance plan shall be
enforceable by the department as independent requirements in addition to this
regulation. Additional procedures may be imposed by the department or the
source owner or operator may be required to revise quality control procedures.
The complete quality assurance plan shall be kept at the affected source, shall
be accessible to maintenance personnel and shall include:
(1) For quality control of opacity CEMS:
(A) calibration of the CEMS including a daily
zero and span check, zero compensation accumulations and window cleaning;
(B) calibration drift
determination and adjustment, including daily zero and span checks, zero
compensation accumulation and window cleaning;
(C) preventive maintenance procedures for all
monitoring system components, including the purge air system and the data
recording system; and
(D) data
recording and reporting procedures that are consistent with the record-keeping
and reporting requirements of this regulation, including examples of all
record-keeping formats; and
(2) for quality assurance of opacity CEMS:
(A) a precision assessment which includes a
daily check of zero and span compensation levels;
(B) an annual accuracy audit which includes a
zero alignment with an equivalency of true zero and simulated zero check;
(C) a quarterly accuracy audit
which includes procedures for conducting the audit, the selection of filter
values and the certification of filter values;
(3) for corrective action of opacity CEMS:
(A) if the 24-hour zero or span drift exceeds
+four percent opacity, a description of necessary
corrective action, including necessary calibration and cleaning followed by a
verification that the drift is eliminated;
(B) if zero or span drift exceeds CEMS drift
limits for five consecutive span checks, a requirement that the frequency of
quality assurance checks must be increased;
(C) if the zero alignment exceeds two percent
opacity, a requirement that corrective action be taken and that the action must
be documented in records and quarterly reports;
(D) if the performance audit calibration
error exceeds + plus or minus three percent opacity, a
requirement that corrective action must include a recalibration of the monitor,
followed by a repetition of the performance audit;
(4) for quality control of SO2, O2, and CO2
CEMS: Procedures for calibration, calibration drift determination and
adjustment, preventive maintenance, data recording and reporting, and
malfunction abatement;
(5) for
quality assurance of SO2, O2, and CO2 CEMS: A description of the procedures and
calculations for a precision assessment, accuracy assessment procedures
including relative accuracy and a cylinder gas audit, and the calculations used
in relative accuracy audits and cylinder gas audits;
(6) for corrective action of SO2, O2, and CO2
CEMS, a requirement that corrective action must be taken when span drift
response is greater than + five percent of CEMS span
value, and when relative accuracy audit response and CEMS system cylinder gas
audit response is greater than +20 percent.
(n) If the effluents from two or
more affected emissions units of similar design and operating characteristics
are combined before being released to the atmosphere, the secretary may allow
CEMS to be installed on the combined effluent, subject to petition by the
source owner or operator. If the affected emissions units are not of similar
design and operating characteristics, or when the effluent from one affected
emissions unit is released to atmosphere through more than one point, the
source owner or operator shall install applicable CEMS on each separate
effluent unless prior approval of fewer CEMS has been granted by the
department.
(o) If the source
owner or operator wishes to use different, but equivalent, procedures and
requirements for CEMS than those specified in this regulation, the source owner
or operator shall provide a demonstration of equivalency before the approval of
such alternative systems will be granted by the secretary with concurrence from
the region VII administrator of the U.S. environmental protection agency.
