15A NCAC 02D .0604      EXCEPTIONS TO MONITORING AND REPORTING REQUIREMENTS

(a)  Unless a rule specifies otherwise, during a period of monitoring system malfunction the owner or operator of a source shall not be required to monitor or report emissions if the owner or operator of the source shows that the malfunction was unavoidable, is being repaired as expeditiously as practicable, and no applicable requirements are violated. The owner or operator of the source shall, upon request of the Director, provide documentation of continuous monitoring system performance when system repairs or adjustments have been made. Malfunctions of the monitoring system that result from inadequate or poor operation and maintenance practices shall not be exempted from monitoring and reporting requirements. Operation and maintenance practices may be specified by the manufacturer, federal regulation, Rule, or a permit condition.

(b)  The owner or operator of a source that operates less than 30 days per 12-month period shall not be required to monitor emissions from that source unless Subchapters 02D and 02Q of this Chapter specifies otherwise. However, the owner or operator shall maintain records to document that the source was operated less than 30 days per 12-month period.

(c)  The owner or operator of a source exempted from needing a permit by 15A NCAC 02Q .0102 shall not be required to monitor emissions from that source unless;

(1)           required by a specific rule in Subchapters 02D and 02Q of this Chapter, or

(2)           required as a part of an enforcement settlement.

However, the owner or operator shall maintain records to document that the source qualifies for the permit exemption.

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66;143-215.107(a)(4);

Eff. February 1, 1976;

Amended Eff. April 1, 1999; July 1, 1996; July 1, 1988; July 1, 1984; June 18, 1976;

Readopted Eff. November 1, 2019.