DEPARTMENT ADMINISTRATIVE ORDER No

Transcription

1 DEPARTMENT ADMINISTRATIVE ORDER No SUBJECT : ACCREDITATION OF THIRD PARTY CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS) AND CONTINUOUS OPACITY MONITORING SYSTEMS (COMS) TEST AUDIT FIRMS PURSUANT TO DAO Section 1. Legal Basis As provided for in Section 38 of Republic Act No (Philippine Clean Air Act (CAA) of 1999), and Rule XLVII, Section 2(c) of DAO (Implementing Rules and Regulations of the Clean Air Act), the Department of Environment and Natural Resources (DENR), hereby promulgates the following revised guidelines for the accreditation of CEMS and COMS test audit firms pursuant to DAO , "Guidelines on the requirements for Continuous Emission Monitoring System (CEMS) and Continuous Opacity Monitoring Systems (COMS)and other accepted protocols". Section 2: Objectives 2.1 Provide assurance to stakeholders, regulators and the public of the reliability of Relative Accuracy Test Audit (RATA) and Relative Accuracy Audit (RAA); and 2.2 Ensure that accredited firms are fully capable of conducting RATA and RAA in accordance with the procedures set in provisions of Section 5 of DAO , " Guidelines for Continuous Emission Monitoring System (CEMS) and Continuous Opacity Monitoring Systems (COMS) and other acceptable protocols". Section 3: Coverage The accreditation of third party test audit firm shall cover the following: 3.1 All firms that provide RATA and RAA to demonstrate compliance under Section 5 of DAO For firms that have applied for accreditation and waiting for final accreditation, the firm may continue to provide test audit services. Section 4: Definition of Terms For purposes of this Order, the following terms shall be construed as follows: 4.1 Accreditation a formal recognition through the issuance of Certificate of Accreditation by the DENR-EMB of a third party test audit firm as competent to carry out CEMS / COMS test audit activities; 4.2 Applicant A person/firm seeking formal recognition under this Order;

2 4.3 Continuous Emission Monitoring Systems (CEMS). The total equipment required for the determination of a gas concentration or emission rate. 4.4 Continuous Opacity Monitoring Systems (COMS). The total equipment required for the determination of the opacity of particulate matter (PM). 4.5 CEMS/COMS Audit Assessment Team (CAAT) a group composed of technical staff from EMB Central and Regional Offices that evaluates the application for accreditation; 4.6 CEMS / COMS Auditor a DENR Accredited personnel or a Group 3 QSTI Certified Individual 4.7 CEMS/COMS Test Audit refers to a test procedure for determination of compliance with DAO A test program which includes CEMS audit measurement which includes RATA, RAA and CGA and preparation of test audit report that shall contain all pertinent data concerning the test program. 4.8 Certificate of Accreditation a certificate issued by DENR-EMB to an applicant as competent to carry out test audit activities; 4.9 Group 3 Qualified Source Testing Individual (QSTI) Certification - refers to USEPA recognized certification issued to individuals with thorough knowledge on the following instrumental test method: gaseous pollutant instrumental methods- Methods 1,2,3,3A, and 4, 6C, 7E, 10, 10B, 19, 20 and 25A. CEMS Performance Specifications PS2, PS3, PS4, PS4A, PS5, PS6, PS7, PS8, and PS15. USEPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standard, EPA600/R-12/531, Sections , and the fundamental procedures, relationships and methods described above Reference Method Accepted and approved testing methods/protocols under Table 2 NESSAP, Section 1, Rule XXV, Part VII of RA8749, DAO and DAO in compliance with CFR-40 part 60 Appendix B Relative Accuracy (RA) - refers to the absolute mean difference between the gas concentration or emission rate determined by the CEMS and the value determined by the RM's plus the 2.5 percent error confidence coefficient of a series of tests divided by the mean of the RM tests or the applicable emission limit Relative Accuracy Test Audit (RATA) refers to an annual audit conducted to determine CEMS compliance referring to Section 6.6 of DAO Test Audit Plan (TAP) - refers to the document to be submitted by an accredited third party CEMS/COMS audit firms to EMB Central and Regional Office containing the following information: Method of audit to be used, schedule, location, and duration of audit, deadline of submission of test audit report, and other relevant information in the preparation of the test audit Test Audit Report (TAR) - refers to the document containing information in the conducted RATA and RAA procedures as per PS indicated in Annex 1A of this order.

3 For other terms not defined in this DAO, you may refer to R.A (the Philippine Clean Air Act of 1999), DAO , DAO and DAO Section 5: Requirements for Accreditation Any qualified DENR Accredited Third Party Source Emission Testing Firm may apply for accreditation for CEMS and COMS test audit firm provided that the requirements set forth in this section are complied with For CEMS test audit using reference method under Table 2, NESSAP, Section 1, Rule XXV, Part VII of DAO for PS2, PS4, and PS11, only DENR Accredited Third Party Source Emission Testing Firm shall conduct the above methods For CEMS/COMS test audit using instrumental method for PS1 to PS4 and other applicable PS, a DENR Accredited Third Party Source Emission Testing Firm with a Team Leader or QA/QC Manager with a valid Group 3 QSTI certification or with foreign partner with a valid Group 3 QSTI certification is required. 5.3 For COMS Audit using Method 9- Visual Determination of the opacity of emission from stationary sources, a DENR Accredited Third Party Source Emission Testing Firm with a Team Leader or QA/QC Manager with USEPA Method 9 certification is required. Section 6: Technical Committee / Secretariat In order to facilitate the accreditation procedures and processes there is hereby created a technical committee, CEMS/COMS Audit Assessment Team (CAAT) and secretariat to operate under the DENR-EMB Central Office. 6.1 Technical Committee for CAAT (TCFC) the TCFC shall be composed of the Chiefs of AQMS and EQMD and the Director of EMB. The TCFC shall review the CAAT report and shall endorse to the DENR Secretary for the issuance of the Certificate of Accreditation. 6.2 CEMS/COMS Audit Assessment Team (CAAT) a group composed of technical staff from EMB Central and Regional Offices that evaluates the application for accreditation; The CAAT shall prepare a report on the inspection conducted at the facility of the test audit firm to be signed by the Chairman/Vice Chairman and the report shall be forwarded to the TCFC for consolidation and review. 6.3 Secretariat - the Secretariat shall consist of the Air Quality Management Section staff. The Secretariat shall coordinate and support activities related to the accreditation of the firm. The Secretariat shall assist the CAAT in the discharge of its functions.

4 Section 7. Accreditation Procedures (attach flow chart) 7.1. Where to file Applications for accreditation and payment of the applicable fees shall be filed with the EMB Central Office. 7.2 Review of documentary requirements The Secretariat shall make a preliminary assessment of the completeness of the application documents. Only applications with complete supporting documents will be accepted. The application shall be forwarded to the members of the CAAT. If there are findings of deficiencies, the applicant shall be required to rectify the same. 7.3 Facility Inspection An on-site facility inspection shall be conducted by the CAAT to validate the information contained in the submitted documents in accordance with the requirements herein provided and in other applicable laws, rules and regulations. The facility inspection shall be conducted within thirty (30) days upon receipt of the complete application. Calibration and maintenance procedures shall be made available during the inspection of the firm s facility. The organization shall adopt the DENR-EMB-approved system for calibration and maintenance of its sampling/audit equipment. Certificates of equipment calibration and the maintenance logbook shall be compiled and made available anytime upon request by the DENR-EMB including the initial site assessment. The Facility Inspection Report, in a prescribed form, shall be prepared and submitted by the CAAT to the TCFC. 7.4 Final Assessment Report and Evaluation Report The TCFC shall review the CAAT report and shall endorse to the DENR Secretary for the issuance of the Certificate of Accreditation. 7.5 Issuance of Certificate of Accreditation The Certificate of Accreditation shall be approved (signed) and issued by the Secretary of the DENR, or its duly authorized representative, based upon the evaluation result and recommendation of the TCFC. The Certificate shall, among others, contain the following information; name of the test auditor and address of the test audit firm, code number, scope of accreditation, effective and expiration dates, signature of the Secretary, and dry seal of the DENR. The accreditation shall be valid for five (5) years upon issuance unless revoked pursuant to Section 10. Section 8. Renewal of Accreditation

5 The Certificate of Accreditation shall be valid for five (5) years and shall be renewed thirty (30) days before its expiration. Section 9. Requirements for Renewal 9.1 Payment of Accreditation Renewal Fee 9.2 The renewal of accreditation will be based on the following criteria: Any change in the firm operations, personnel, equipment, QA/QC Audit procedures, and safety procedures that might influence the conducting of CEMS/COMS test audit according to the Performance Specification (PS) under 40 CFR Part 60 Appendix B The evaluation of the results of periodic monitoring of CEMS/COMS test audit activities; Inspection report for the inventory of facility and equipment. 9.3 Good standing record, which will be based on the requirements in Sections12 through Continuing education, which includes but is not limited to the following: Seminars attended related to audit testing, industrial process operations, air pollution control, air sample analyses, facility inspection procedures and other appropriate audit testing related topics Internal and external training on performing audit testing (the test firm will be asked to provide module and list of training materials). Section 10. Responsibilities of accredited CEMS / COMS Test Audit Firms Third Party CEMS / COMS Test Audit Firms shall have the following duties and responsibilities Shall conduct audit tests to companies with CEMS/COMS installations; 10.2 Shall submit the Test Audit Report (TAR) after three (3) working days for instrumental, and fifteen(15) working days for reference method, 10.3 Shall submit on a quarterly basis the list of firms tested to the EMB Regional Office and EMB-CO within 15 days after the end of each quarter; 10.4 Shall submit a Test Audit Plan (TAP) to EMB-RO and EMB-CO with endorsement from the industry for every audit test within two (2) weeks prior to the scheduled test; 10.5 Shall submit annual reports with the following information: Facility 1. List any change in operations, personnel, instrumentations, equipment, cylinder gas, QA/QC audit procedures, and safety procedures; 2. List any ongoing activity pertaining to Third Party CEMS / COMS Test Audit Firms (certification of additional personnel, additional PS Certifications, such as metals, schedule for proficiency testing, etc.);

6 3. Any suspension, warning, Technical Conference (TC) and Notice of Violation (NOV) documented by EMB; and 4. Corrective actions being undertaken or completed Shall notify EMB within 5 working days of changes in any aspect of its operation, personnel, etc. Sec. 11. Requirements / Conditions for conducting RATA/RAA The test audit firm shall only conduct test audit within the validity of their accreditations / certifications (Third Party Source Emission Testing Firm Accreditation, CEMS/COMS Test Audit Firm Accreditation, Group 3 QSTI Certification, Method 9 - Visual Determination Certification) Section 12. Monitoring of firms The CAAT, in coordination with the concerned EMB Regional Offices, shall conduct periodic monitoring within six (6) months after the Certificate of Accreditation has been granted, and at least once a year, thereafter. A Standard Monitoring Checklist ( See ANNEX) shall be used by the CAAT to assess the performance of the Third Party CEMS / COMS Test Audit Firms during the monitoring proper. Section 13. Grounds for Issuance of Notice of Violation The EMB Director has the authority to issue notice of violation on the following grounds: 13.1 Improper audit techniques/procedures including calibrations, maintenance, etc, and incorrect/incomplete test audit reports 13.2 Non-submission of the Test Audit Plans (TAP), Test Audit Report (TAR), quarterly and annual audit reports according to the deadline specified in Section 10 of this DAO; and 13.3 Non-notification of changes on DENR requirements such as: any aspect of its operation, personnel, etc Conducting audit test without an accredited test auditor, Section 14. Grounds for Revocation of Certificate of Accreditation The DENR Secretary or his/her duly authorized representative shall have the authority to revoke a firm s accreditation. The following are grounds for revocation of a firm s Certificate of Accreditation: 14.1 Violation of DENR requirements on health and safety procedures and hazard and risks assessment.

7 14.2 Refusal to allow the CAAT and EMB-RO to monitor test audit activities relating to accreditation and periodic monitoring; 14.3 Falsification of documents and test audit results; and 14.4 After three (3) Notices of Violation on offenses incurred within the validity of the Certificate of Accreditation. Section 15. Disqualification Firms whose Certificate of Accreditation are revoked are automatically disqualified and no longer qualified for reinstatement. Section 16. Schedule of Fees, Fines and Penalties A. Fees Application fee (per applicant) Php 3, Assessment fee (per sampling team) 4, Accreditation fee* 30, Additional PS Accreditation Fee 7, Accreditation renewal fee 30, Replacement Fee (See Definition of Terms) 30, Succeeding Accreditation Certification Fee 30, B. Fines First issuance of Notice of Violation 50, Second issuance of Notice of Violation 100, Third and last issuance of Notice of Violation 150, Revocation 200, *Accreditation per PS indicated under Group 3 QSTI Certification Section 17. Separability Clause

8 If any provision of these guidelines is declared void or unconstitutional, the remaining provisions hereof is not affected thereby shall remain in full force and effect. Section 18. Effectivity This order shall take effect fifteen (15) days from its date of publication in a newspaper of general circulation and submission to the Office of the National Administrative Registry. RAMON J.P. PAJE Secretary