[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR64.3]

[Page 8-10]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64 - COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec. 64.3  Monitoring design criteria.

    (a) General criteria. To provide a reasonable assurance of 
compliance with emission limitations or standards for the anticipated 
range of operations at a pollutant-specific emissions unit, monitoring 
under this part shall meet the following general criteria:
    (1) The owner or operator shall design the monitoring to obtain data 
for one or more indicators of emission control performance for the 
control device, any associated capture system and, if necessary to 
satisfy paragraph (a)(2) of this section, processes at a pollutant-
specific emissions unit. Indicators of performance may include, but are 
not limited to, direct or predicted emissions (including visible 
emissions or opacity), process and control device parameters that affect 
control device (and capture system) efficiency or emission rates, or 
recorded findings of inspection and maintenance activities conducted by 
the owner or operator.
    (2) The owner or operator shall establish an appropriate range(s) or 
designated condition(s) for the selected indicator(s) such that 
operation within the ranges provides a reasonable assurance of ongoing 
compliance with emission limitations or standards for the anticipated 
range of operating conditions. Such range(s) or condition(s) shall 
reflect the proper operation and maintenance of the control device (and 
associated capture system), in accordance with applicable design 
properties, for minimizing emissions over the anticipated range of 
operating conditions at least to the level required to achieve 
compliance with the applicable requirements. The reasonable assurance of 
compliance will be assessed by maintaining performance within the 
indicator range(s) or designated condition(s). The ranges shall be 
established in accordance with the design and performance requirements 
in this section and documented in accordance with the requirements in 
Sec. 64.4. If necessary to assure that the control device and 
associated capture system can satisfy this criterion, the owner or 
operator shall monitor appropriate process operational parameters (such 
as total throughput where necessary to stay within the rated capacity 
for a control device). In addition, unless specifically stated otherwise 
by an applicable requirement, the owner or operator shall monitor 
indicators to detect any bypass of the control device (or capture 
system) to the atmosphere, if such bypass can occur based on the design 
of the pollutant-specific emissions unit.
    (3) The design of indicator ranges or designated conditions may be:
    (i) Based on a single maximum or minimum value if appropriate (e.g., 
maintaining condenser temperatures a certain number of degrees below the 
condensation temperature of the applicable compound(s) being processed) 
or

[[Page 9]]

at multiple levels that are relevant to distinctly different operating 
conditions (e.g., high versus low load levels).
    (ii) Expressed as a function of process variables (e.g., an 
indicator range expressed as minimum to maximum pressure drop across a 
venturi throat in a particulate control scrubber).
    (iii) Expressed as maintaining the applicable parameter in a 
particular operational status or designated condition (e.g., position of 
a damper controlling gas flow to the atmosphere through a by-pass duct).
    (iv) Established as interdependent between more than one indicator.
    (b) Performance criteria. The owner or operator shall design the 
monitoring to meet the following performance criteria:
    (1) Specifications that provide for obtaining data that are 
representative of the emissions or parameters being monitored (such as 
detector location and installation specifications, if applicable).
    (2) For new or modified monitoring equipment, verification 
procedures to confirm the operational status of the monitoring prior to 
the date by which the owner or operator must conduct monitoring under 
this part as specified in Sec. 64.7(a). The owner or operator 
shall consider the monitoring equipment manufacturer's requirements or 
recommendations for installation, calibration, and start-up operation.
    (3) Quality assurance and control practices that are adequate to 
ensure the continuing validity of the data. The owner or operator shall 
consider manufacturer recommendations or requirements applicable to the 
monitoring in developing appropriate quality assurance and control 
practices.
    (4) Specifications for the frequency of conducting the monitoring, 
the data collection procedures that will be used (e.g., computerized 
data acquisition and handling, alarm sensor, or manual log entries based 
on gauge readings), and, if applicable, the period over which discrete 
data points will be averaged for the purpose of determining whether an 
excursion or exceedance has occurred.
    (i) At a minimum, the owner or operator shall design the period over 
which data are obtained and, if applicable, averaged consistent with the 
characteristics and typical variability of the pollutant-specific 
emissions unit (including the control device and associated capture 
system). Such intervals shall be commensurate with the time period over 
which a change in control device performance that would require actions 
by owner or operator to return operations within normal ranges or 
designated conditions is likely to be observed.
    (ii) For all pollutant-specific emissions units with the potential 
to emit, calculated including the effect of control devices, the 
applicable regulated air pollutant in an amount equal to or greater than 
100 percent of the amount, in tons per year, required for a source to be 
classified as a major source, for each parameter monitored, the owner or 
operator shall collect four or more data values equally spaced over each 
hour and average the values, as applicable, over the applicable 
averaging period as determined in accordance with paragraph (b)(4)(i) of 
this section. The permitting authority may approve a reduced data 
collection frequency, if appropriate, based on information presented by 
the owner or operator concerning the data collection mechanisms 
available for a particular parameter for the particular pollutant-
specific emissions unit (e.g., integrated raw material or fuel analysis 
data, noninstrumental measurement of waste feed rate or visible 
emissions, use of a portable analyzer or an alarm sensor).
    (iii) For other pollutant-specific emissions units, the frequency of 
data collection may be less than the frequency specified in paragraph 
(b)(4)(ii) of this section but the monitoring shall include some data 
collection at least once per 24-hour period (e.g., a daily inspection of 
a carbon adsorber operation in conjunction with a weekly or monthly 
check of emissions with a portable analyzer).
    (c) Evaluation factors. In designing monitoring to meet the 
requirements in paragraphs (a) and (b) of this section, the owner or 
operator shall take into account site-specific factors including the 
applicability of existing monitoring equipment and procedures,

[[Page 10]]

the ability of the monitoring to account for process and control device 
operational variability, the reliability and latitude built into the 
control technology, and the level of actual emissions relative to the 
compliance limitation.
    (d) Special criteria for the use of continuous emission, opacity or 
predictive monitoring systems. (1) If a continuous emission monitoring 
system (CEMS), continuous opacity monitoring system (COMS) or predictive 
emission monitoring system (PEMS) is required pursuant to other 
authority under the Act or state or local law, the owner or operator 
shall use such system to satisfy the requirements of this part.
    (2) The use of a CEMS, COMS, or PEMS that satisfies any of the 
following monitoring requirements shall be deemed to satisfy the general 
design criteria in paragraphs (a) and (b) of this section, provided that 
a COMS may be subject to the criteria for establishing indicator ranges 
under paragraph (a) of this section:
    (i) Section 51.214 and appendix P of part 51 of this chapter;
    (ii) Section 60.13 and appendix B of part 60 of this chapter;
    (iii) Section 63.8 and any applicable performance specifications 
required pursuant to the applicable subpart of part 63 of this chapter;
    (iv) Part 75 of this chapter;
    (v) Subpart H and appendix IX of part 266 of this chapter; or
    (vi) If an applicable requirement does not otherwise require 
compliance with the requirements listed in the preceding paragraphs 
(d)(2)(i) through (v) of this section, comparable requirements and 
specifications established by the permitting authority.
    (3) The owner or operator shall design the monitoring system subject 
to this paragraph (d) to:
    (i) Allow for reporting of exceedances (or excursions if applicable 
to a COMS used to assure compliance with a particulate matter standard), 
consistent with any period for reporting of exceedances in an underlying 
requirement. If an underlying requirement does not contain a provision 
for establishing an averaging period for the reporting of exceedances or 
excursions, the criteria used to develop an averaging period in (b)(4) 
of this section shall apply; and
    (ii) Provide an indicator range consistent with paragraph (a) of 
this section for a COMS used to assure compliance with a particulate 
matter standard. If an opacity standard applies to the pollutant-
specific emissions unit, such limit may be used as the appropriate 
indicator range unless the opacity limit fails to meet the criteria in 
paragraph (a) of this section after considering the type of control 
device and other site-specific factors applicable to the pollutant-
specific emissions unit.