W. Va. Code R. § 45-41-72 - Out of Control Periods
72.1. Whenever any monitoring system fails to
meet the quality-assurance and quality-control requirements or data validation
requirements of 40 CFR Part 75, data must be substituted using the applicable
missing data procedures in Subpart D of, or Appendix D to 40 CFR Part
75.
72.2. Audit decertification. --
Whenever both an audit of a monitoring system and a review of the initial
certification or recertification application reveal that any monitoring system
should not have been certified or recertified because it did not meet a
particular performance specification or other requirement under section 71 or
the applicable provisions of 40 CFR Part 75, both at the time of the initial
certification or recertification application submission and at the time of the
audit, the Secretary will issue a notice of disapproval of the certification
status of such monitoring system. For the purposes of this subsection, an audit
will be either a field audit or an audit of any information submitted to the
Secretary or the Administrator. By issuing the notice of disapproval, the
Secretary or the Administrator revokes prospectively the certification status
of the monitoring system. The data measured and recorded by the monitoring
system will not be considered valid quality-assured data from the date of
issuance of the notification of the revoked certification status until the date
and time that the owner or operator completes subsequently approved initial
certification or recertification tests for the monitoring system. The owner or
operator must follow the applicable initial certification or recertification
procedures in section 71 for each disapproved monitoring system.
Notes
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