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<regulation prefix="Regulation" num=".09" citation="COMAR 26.11.17.09" title_num="26" subtitle_num="11" chapter_num="17" heading="Plantwide Applicability Limit (PAL) — Monitoring, Record Keeping, and Reporting.">
  <paragraph num="A.">
    <text>Monitoring and Record Keeping Requirements.</text>
    <paragraph num="(1)">
      <text>Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determine plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by the system shall meet the minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The PAL monitoring system shall employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in §A(5) of this regulation and shall be approved by the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notwithstanding §A(2) of this regulation, an alternative monitoring approach may be used that meets the requirements of §A(1) of this regulation if approved by the Department.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The following are acceptable general monitoring approaches when conducted in accordance with the minimum performance requirements in §A(6)—(12) of this regulation:</text>
      <paragraph num="(a)">
        <text>Mass balance calculations for activities using coatings or solvents;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>CEMs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>CPMs or PEMs; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Emission factors.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit if it cannot otherwise be accounted for in the process; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Where the vendor of a material or fuel which is used in or at the emissions unit publishes a range of pollutant content from that material, the owner or operator shall use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site specific data or a site specific monitoring program to support another content within the range.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>CEMs. An owner or operator using CEMs to monitor PAL pollutant emissions shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>CEMs shall comply with the applicable performance specifications found in 40 CFR Part 60, Appendix B; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>CEMs shall sample, analyze, and record data at least every 15 minutes while the emissions unit is operating.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>CPMs or PEMs. An owner or operator using CPMs or PEMs to monitor PAL pollutant emissions shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>The CPMs or the PEMs shall be based on current site specific data demonstrating a correlation between the monitored parameters and PAL pollutant emissions across the range of operation of the emissions unit; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Each CPMs or PEMs shall sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Department, while the emissions unit is operating.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factor development;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site specific emission factor within 6 months of PAL permit issuance, unless the Department determines that testing is not required.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>A source owner or operator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during this period is specified in the PAL permit.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Notwithstanding the requirements in §A(6)—(10) of this regulation, when an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of permit issuance:</text>
      <paragraph num="(a)">
        <text>Establish default values for determining compliance with the PAL based on the highest potential emission reasonably estimated at the operating point; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL pollutant emissions is a violation of the PAL.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>Revalidation. All data used to establish the PAL pollutant shall be revalidated through performance testing or other scientifically valid means approved by the Department. This testing shall occur at least once every 5 years after issuance of the PAL.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Regulations .07—.09 of this chapter and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions for 5 years from the date of that record.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years:</text>
      <paragraph num="(a)">
        <text>A copy of the PAL permit application and any application for revisions to the PAL; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Each annual certification of compliance pursuant to Title V and the data relied on in certifying the compliance.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Reporting Requirements.</text>
    <paragraph num="(1)">
      <text>A semiannual report shall be submitted to the Department within 30 days of the end of each reporting period, beginning 6 months after the PAL effective date. This report shall contain the following information:</text>
      <paragraph num="(a)">
        <text>The identification of the owner and operator and the permit number;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Total annual emissions in tons per year based on a 12-month rolling total for each month in the reporting period recorded pursuant to §A(13) of this regulation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>All data relied upon including any quality assurance or quality control data in calculating the monthly and annual PAL pollutant emissions;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A list of any emissions units modified or added to the major stationary source during the preceding 6-month period;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The number, duration, and cause of any deviation or monitoring malfunction, other than the time associated with zero and span calibration checks, and any corrective actions taken;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the system continued to operate and the calculation of the emissions of the pollutant or the number determined by methods included in the permit; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The major stationary source owner or operator shall promptly submit reports of any deviation or exceedances of the PAL requirements including periods when no monitoring is available. A report submitted pursuant to COMAR 26.11.03.06C(7)(a)(i) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed in the source's Title V permit. The report shall contain the following information:</text>
      <paragraph num="(a)">
        <text>The identification of the owner or operator and the permit number;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The PAL requirement that experienced the deviation or that was exceeded;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The emissions resulting from the deviation or the exceedances; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The owner or operator shall submit to the reviewing authority the results of any revalidation test or method within 3 months after completion of the test method.</text>
    </paragraph>
  </paragraph>
</regulation>