[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: 40CFR64.7]

[Page 13-14]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64 - COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec. 64.7  Operation of approved monitoring.

    (a) Commencement of operation. The owner or operator shall conduct 
the monitoring required under this part upon issuance of a part 70 or 71 
permit that includes such monitoring, or by such later date specified in 
the permit pursuant to Sec. 64.6(d).
    (b) Proper maintenance. At all times, the owner or operator shall 
maintain the monitoring, including but not limited to, maintaining 
necessary parts for routine repairs of the monitoring equipment.
    (c) Continued operation. Except for, as applicable, monitoring 
malfunctions, associated repairs, and required quality assurance or 
control activities (including, as applicable, calibration checks and 
required zero and span adjustments), the owner or operator shall conduct 
all monitoring in continuous operation (or shall collect data at all 
required intervals) at all times that

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the pollutant-specific emissions unit is operating. Data recorded during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities shall not be used for purposes of this 
part, including data averages and calculations, or fulfilling a minimum 
data availability requirement, if applicable. The owner or operator 
shall use all the data collected during all other periods in assessing 
the operation of the control device and associated control system. A 
monitoring malfunction is any sudden, infrequent, not reasonably 
preventable failure of the monitoring to provide valid data. Monitoring 
failures that are caused in part by poor maintenance or careless 
operation are not malfunctions.
    (d) Response to excursions or exceedances. (1) Upon detecting an 
excursion or exceedance, the owner or operator shall restore operation 
of the pollutant-specific emissions unit (including the control device 
and associated capture system) to its normal or usual manner of 
operation as expeditiously as practicable in accordance with good air 
pollution control practices for minimizing emissions. The response shall 
include minimizing the period of any startup, shutdown or malfunction 
and taking any necessary corrective actions to restore normal operation 
and prevent the likely recurrence of the cause of an excursion or 
exceedance (other than those caused by excused startup or shutdown 
conditions). Such actions may include initial inspection and evaluation, 
recording that operations returned to normal without operator action 
(such as through response by a computerized distribution control 
system), or any necessary follow-up actions to return operation to 
within the indicator range, designated condition, or below the 
applicable emission limitation or standard, as applicable.
    (2) Determination of whether the owner or operator has used 
acceptable procedures in response to an excursion or exceedance will be 
based on information available, which may include but is not limited to, 
monitoring results, review of operation and maintenance procedures and 
records, and inspection of the control device, associated capture 
system, and the process.
    (e) Documentation of need for improved monitoring. After approval of 
monitoring under this part, if the owner or operator identifies a 
failure to achieve compliance with an emission limitation or standard 
for which the approved monitoring did not provide an indication of an 
excursion or exceedance while providing valid data, or the results of 
compliance or performance testing document a need to modify the existing 
indicator ranges or designated conditions, the owner or operator shall 
promptly notify the permitting authority and, if necessary, submit a 
proposed modification to the part 70 or 71 permit to address the 
necessary monitoring changes. Such a modification may include, but is 
not limited to, reestablishing indicator ranges or designated 
conditions, modifying the frequency of conducting monitoring and 
collecting data, or the monitoring of additional parameters.