SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 260.11 - COMPLIANCE WITH STANDARDS AND MAINTENANCE REQUIREMENTS
(Rev. Effective: 3/27/90)

(a) Compliance with standards in this regulation, other than opacity standards, shall be determined only by performance tests established by Rule 260.8, unless otherwise specified in the applicable standard.

(b) Compliance with opacity standards in this regulation shall be determined by conducting observations in accordance with Reference Method 9 in Appendix A of 40 CFR Part 60, any alternative method that is approved by the Administrator, or as provided in Subsection (e)(5) of this rule. For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard).

(c) [Reserved]

(d) At all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Control Officer which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

(e)

  1. For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in Rule 260.8 unless one of the following conditions apply. If no performance test under Rule 260.8 is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after initial startup of the facility. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial performance test required under Rule 260.8, the source owner or operator shall reschedule the opacity observations as soon after the initial performance test as possible, but not later than 30 days thereafter, and shall advise the Control Officer of the rescheduled date. In these cases, the 30-day prior notification to the Control Officer required in Rule 260.7(a)(6) shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under Rule 260.8. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in Reference Method 9 Appendix B to 40 CFR Part 60. Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards. The owner or operator of an affected facility shall make available, upon request by the Control Officer, such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification. Except as provided in Subsection (e)(5) of this rule, the results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the source shall meet the burden of proving that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in Appendix B of 40 CFR Part 60, has been properly maintained and (at the time of the alleged violation) that the resulting data have not been tampered with in any way. (Rev. Effective 3/27/90)

  2. Except as provided in Subsection (e)(3) of this rule, the owner or operator of an affected facility to which an opacity standard in this regulation applies shall conduct opacity observations in accordance with Section (b) of this rule, shall record the opacity of emissions, and shall report to the Control Officer the opacity results along with the results of the initial performance test required under Rule 260.8. The inability of an owner or operator to secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrent with the initial performance test.

  3. The owner or operator of an affected facility to which an opacity standard in this regulation applies may request the Control Officer to determine and to record the opacity of emissions from the affected facility during the initial performance test and at such times as may be required. The owner or operator of the affected facility shall report the opacity results. Any request to the Control Officer to determine and to record the opacity of emissions from an affected facility shall be included in the notification required in Rule 260.7 (a)(6). If for some reason, the Control Officer cannot determine and record the opacity of emissions from the affected facility during the performance test, then the provisions of Subsection (e)(1) of this rule shall apply.

  4. An owner or operator of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial performance test required by Rule 260.8 and shall furnish the Control Officer a written report of the monitoring results along with Method 9 and Rule 260.8 performance test results.

  5. An owner or operator of an affected facility subject to an opacity standard may submit, for compliance purposes, continuous opacity monitoring system (COMS) data results produced during any performance test required under Rule 260.8 in lieu of Method 9 observation data. If an owner or operator elects to submit COMS data for compliance with the opacity standard, he shall request approval from the Control Officer of that decision, in writing, at least 30 days before any performance test required under Rule 260.8 is conducted. Once the owner or operator of an affected facility has been granted approval by the Control Officer, the COMS data results will be used to determine opacity compliance during subsequent tests required under Rule 260.8 until the owner or operator notifies the Control Officer, in writing, to the contrary, or unless the Control Officer determines that Method 9 data shall be used instead of COMS data. For the purpose of determining compliance with the opacity standard during a performance test required under Rule 260.8 using COMS data, the minimum total time of COMS data collection shall be averages of all 6-minute continuous periods within the duration of the mass emission performance test. Results of the COMS opacity determinations shall be submitted along with the results of the performance test required under Rule 260.8. The owner or operator of an affected facility using a COMS for compliance purposes is responsible for demonstrating that the COMS meets the requirements specified in Rule 260.13(c) of this subpart, that the COMS has been properly maintained and operated, and that the resulting data have not been altered in any way. If COMS data results are submitted for compliance with the opacity standard for a period of time during which Method 9 data indicates noncompliance, the Method 9 data will be used to determine opacity compliance.

  6. Upon receipt from an owner or operator of the written reports of the results of the performance tests required by Rule 260.8, the opacity observation results and observer certification required by Rule 260.11(e)(1), and the COMS results, if applicable, the Control Officer will make a finding concerning compliance with opacity and other applicable standards. If COMS data results are used to comply with an opacity standard, only those results are required to be submitted along with the performance test results required by Rule 260.8. If the Control Officer finds that an affected facility is in compliance with all applicable standards for which performance tests are conducted in accordance with Rule 260.8 of this regulation but during the time such performance tests are being conducted fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for the affected facility.

  7. The Administrator will grant such a petition upon a demonstration by the owner or operator that the affected facility and associated air pollution control equipment was operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions established by the Control Officer; and that the affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard.

  8. The Administrator will establish an opacity standard for the affected facility meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the mass or concentration emission standard. In no case shall the adjusted opacity standard be less stringent than the standards of Regulation IV, Rule 50.