[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.11]



[Page 64-66]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec. 60.11  Compliance with standards and maintenance requirements.



    (a) Compliance with standards in this part, other than opacity 

standards, shall be determined in accordance with performance tests 

established by Sec. 60.8, unless otherwise specified in the applicable 

standard.

    (b) Compliance with opacity standards in this part shall be 

determined by conducting observations in accordance with Method 9 in 

appendix A of this part, any alternative method that is approved by the 

Administrator, or as provided in paragraph (e)(5) of this section. For 

purposes of determining initial compliance, the minimum total time of 

observations shall be 3 hours (30 6-minute averages) for the performance 

test or other set of observations (meaning those fugitive-type emission 

sources subject only to an opacity standard).

    (c) The opacity standards set forth in this part shall apply at all 

times except during periods of startup, shutdown, malfunction, and as 

otherwise provided in the applicable standard.

    (d) At all times, including periods of startup, shutdown, and 

malfunction, owners and operators shall, to the extent practicable, 

maintain and operate any affected facility including associated air 

pollution control equipment in a manner consistent with good air 

pollution control practice for minimizing emissions. Determination of 

whether acceptable operating and maintenance procedures are being used 

will be based on information available to the Administrator which may 

include, but is not limited to, monitoring results, opacity 

observations, review of operating and maintenance procedures, and 

inspection of the source.

    (e)(1) For the purpose of demonstrating initial compliance, opacity 

observations shall be conducted concurrently with the initial 

performance test required in Sec. 60.8 unless one of the following 

conditions apply. If no performance test under Sec. 60.8 is required,



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then opacity observations shall be conducted within 60 days after 

achieving the maximum production rate at which the affected facility 

will be operated but no later than 180 days after initial startup of the 

facility. If visibility or other conditions prevent the opacity 

observations from being conducted concurrently with the initial 

performance test required under Sec. 60.8, the source owner or operator 

shall reschedule the opacity observations as soon after the initial 

performance test as possible, but not later than 30 days thereafter, and 

shall advise the Administrator of the rescheduled date. In these cases, 

the 30-day prior notification to the Administrator required in Sec. 

60.7(a)(6) shall be waived. The rescheduled opacity observations shall 

be conducted (to the extent possible) under the same operating 

conditions that existed during the initial performance test conducted 

under Sec. 60.8. The visible emissions observer shall determine whether 

visibility or other conditions prevent the opacity observations from 

being made concurrently with the initial performance test in accordance 

with procedures contained in Method 9 of appendix B of this part. 

Opacity readings of portions of plumes which contain condensed, 

uncombined water vapor shall not be used for purposes of determing 

compliance with opacity standards. The owner or operator of an affected 

facility shall make available, upon request by the Administrator, such 

records as may be necessary to determine the conditions under which the 

visual observations were made and shall provide evidence indicating 

proof of current visible observer emission certification. Except as 

provided in paragraph (e)(5) of this section, the results of continuous 

monitoring by transmissometer which indicate that the opacity at the 

time visual observations were made was not in excess of the standard are 

probative but not conclusive evidence of the actual opacity of an 

emission, provided that the source shall meet the burden of proving that 

the instrument used meets (at the time of the alleged violation) 

Performance Specification 1 in appendix B of this part, has been 

properly maintained and (at the time of the alleged violation) that the 

resulting data have not been altered in any way.

    (2) Except as provided in paragraph (e)(3) of this section, the 

owner or operator of an affected facility to which an opacity standard 

in this part applies shall conduct opacity observations in accordance 

with paragraph (b) of this section, shall record the opacity of 

emissions, and shall report to the Administrator the opacity results 

along with the results of the initial performance test required under 

Sec. 60.8. The inability of an owner or operator to secure a visible 

emissions observer shall not be considered a reason for not conducting 

the opacity observations concurrent with the initial performance test.

    (3) The owner or operator of an affected facility to which an 

opacity standard in this part applies may request the Administrator to 

determine and to record the opacity of emissions from the affected 

facility during the initial performance test and at such times as may be 

required. The owner or operator of the affected facility shall report 

the opacity results. Any request to the Administrator to determine and 

to record the opacity of emissions from an affected facility shall be 

included in the notification required in Sec. 60.7(a)(6). If, for some 

reason, the Administrator cannot determine and record the opacity of 

emissions from the affected facility during the performance test, then 

the provisions of paragraph (e)(1) of this section shall apply.

    (4) An owner or operator of an affected facility using a continuous 

opacity monitor (transmissometer) shall record the monitoring data 

produced during the initial performance test required by Sec. 60.8 and 

shall furnish the Administrator a written report of the monitoring 

results along with Method 9 and Sec. 60.8 performance test results.

    (5) An owner or operator of an affected facility subject to an 

opacity standard may submit, for compliance purposes, continuous opacity 

monitoring system (COMS) data results produced during any performance 

test required under Sec. 60.8 in lieu of Method 9 observation data. If 

an owner or operator elects to submit COMS data for compliance with the 

opacity standard, he shall notify the Administrator of



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that decision, in writing, at least 30 days before any performance test 

required under Sec. 60.8 is conducted. Once the owner or operator of an 

affected facility has notified the Administrator to that effect, the 

COMS data results will be used to determine opacity compliance during 

subsequent tests required under Sec. 60.8 until the owner or operator 

notifies the Administrator, in writing, to the contrary. For the purpose 

of determining compliance with the opacity standard during a performance 

test required under Sec. 60.8 using COMS data, the minimum total time 

of COMS data collection shall be averages of all 6-minute continuous 

periods within the duration of the mass emission performance test. 

Results of the COMS opacity determinations shall be submitted along with 

the results of the performance test required under Sec. 60.8. The owner 

or operator of an affected facility using a COMS for compliance purposes 

is responsible for demonstrating that the COMS meets the requirements 

specified in Sec. 60.13(c) of this part, that the COMS has been 

properly maintained and operated, and that the resulting data have not 

been altered in any way. If COMS data results are submitted for 

compliance with the opacity standard for a period of time during which 

Method 9 data indicates noncompliance, the Method 9 data will be used to 

determine compliance with the opacity standard.

    (6) Upon receipt from an owner or operator of the written reports of 

the results of the performance tests required by Sec. 60.8, the opacity 

observation results and observer certification required by Sec. 

60.11(e)(1), and the COMS results, if applicable, the Administrator will 

make a finding concerning compliance with opacity and other applicable 

standards. If COMS data results are used to comply with an opacity 

standard, only those results are required to be submitted along with the 

performance test results required by Sec. 60.8. If the Administrator 

finds that an affected facility is in compliance with all applicable 

standards for which performance tests are conducted in accordance with 

Sec. 60.8 of this part but during the time such performance tests are 

being conducted fails to meet any applicable opacity standard, he shall 

notify the owner or operator and advise him that he may petition the 

Administrator within 10 days of receipt of notification to make 

appropriate adjustment to the opacity standard for the affected 

facility.

    (7) The Administrator will grant such a petition upon a 

demonstration by the owner or operator that the affected facility and 

associated air pollution control equipment was operated and maintained 

in a manner to minimize the opacity of emissions during the performance 

tests; that the performance tests were performed under the conditions 

established by the Administrator; and that the affected facility and 

associated air pollution control equipment were incapable of being 

adjusted or operated to meet the applicable opacity standard.

    (8) The Administrator will establish an opacity standard for the 

affected facility meeting the above requirements at a level at which the 

source will be able, as indicated by the performance and opacity tests, 

to meet the opacity standard at all times during which the source is 

meeting the mass or concentration emission standard. The Administrator 

will promulgate the new opacity standard in the Federal Register.

    (f) Special provisions set forth under an applicable subpart shall 

supersede any conflicting provisions in paragraphs (a) through (e) of 

this section.

    (g) For the purpose of submitting compliance certifications or 

establishing whether or not a person has violated or is in violation of 

any standard in this part, nothing in this part shall preclude the use, 

including the exclusive use, of any credible evidence or information, 

relevant to whether a source would have been in compliance with 

applicable requirements if the appropriate performance or compliance 

test or procedure had been performed.



[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 

43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 

18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 

9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 

2000]



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