[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: 40CFR60.7]
[Page 59-63]
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. 60.7 Notification and record keeping.
(a) Any owner or operator subject to the provisions of this part
shall furnish the Administrator written notification
[[Page 60]]
or, if acceptable to both the Administrator and the owner or operator of
a source, electronic notification, as follows:
(1) A notification of the date construction (or reconstruction as
defined under Sec. 60.15) of an affected facility is commenced
postmarked no later than 30 days after such date. This requirement shall
not apply in the case of mass-produced facilities which are purchased in
completed form.
(2) [Reserved]
(3) A notification of the actual date of initial startup of an
affected facility postmarked within 15 days after such date.
(4) A notification of any physical or operational change to an
existing facility which may increase the emission rate of any air
pollutant to which a standard applies, unless that change is
specifically exempted under an applicable subpart or in Sec. 60.14(e).
This notice shall be postmarked 60 days or as soon as practicable before
the change is commenced and shall include information describing the
precise nature of the change, present and proposed emission control
systems, productive capacity of the facility before and after the
change, and the expected completion date of the change. The
Administrator may request additional relevant information subsequent to
this notice.
(5) A notification of the date upon which demonstration of the
continuous monitoring system performance commences in accordance with
Sec. 60.13(c). Notification shall be postmarked not less than 30 days
prior to such date.
(6) A notification of the anticipated date for conducting the
opacity observations required by Sec. 60.11(e)(1) of this part. The
notification shall also include, if appropriate, a request for the
Administrator to provide a visible emissions reader during a performance
test. The notification shall be postmarked not less than 30 days prior
to such date.
(7) A notification that continuous opacity monitoring system data
results will be used to determine compliance with the applicable opacity
standard during a performance test required by Sec. 60.8 in lieu of
Method 9 observation data as allowed by Sec. 60.11(e)(5) of this part.
This notification shall be postmarked not less than 30 days prior to the
date of the performance test.
(b) Any owner or operator subject to the provisions of this part
shall maintain records of the occurrence and duration of any startup,
shutdown, or malfunction in the operation of an affected facility; any
malfunction of the air pollution control equipment; or any periods
during which a continuous monitoring system or monitoring device is
inoperative.
(c) Each owner or operator required to install a continuous
monitoring device shall submit excess emissions and monitoring systems
performance report (excess emissions are defined in applicable subparts)
and-or summary report form (see paragraph (d) of this section) to the
Administrator semiannually, except when: more frequent reporting is
specifically required by an applicable subpart; or the Administrator, on
a case-by-case basis, determines that more frequent reporting is
necessary to accurately assess the compliance status of the source. All
reports shall be postmarked by the 30th day following the end of each
six-month period. Written reports of excess emissions shall include the
following information:
(1) The magnitude of excess emissions computed in accordance with
Sec. 60.13(h), any conversion factor(s) used, and the date and time of
commencement and completion of each time period of excess emissions. The
process operating time during the reporting period.
(2) Specific identification of each period of excess emissions that
occurs during startups, shutdowns, and malfunctions of the affected
facility. The nature and cause of any malfunction (if known), the
corrective action taken or preventative measures adopted.
(3) The date and time identifying each period during which the
continuous monitoring system was inoperative except for zero and span
checks and the nature of the system repairs or adjustments.
(4) When no excess emissions have occurred or the continuous
monitoring system(s) have not been inoperative, repaired, or adjusted,
such information shall be stated in the report.
[[Page 61]]
(d) The summary report form shall contain the information and be in
the format shown in figure 1 unless otherwise specified by the
Administrator. One summary report form shall be submitted for each
pollutant monitored at each affected facility.
(1) If the total duration of excess emissions for the reporting
period is less than 1 percent of the total operating time for the
reporting period and CMS downtime for the reporting period is less than
5 percent of the total operating time for the reporting period, only the
summary report form shall be submitted and the excess emission report
described in Sec. 60.7(c) need not be submitted unless requested by the
Administrator.
(2) If the total duration of excess emissions for the reporting
period is 1 percent or greater of the total operating time for the
reporting period or the total CMS downtime for the reporting period is 5
percent or greater of the total operating time for the reporting period,
the summary report form and the excess emission report described in
Sec. 60.7(c) shall both be submitted.
Figure 1--Summary Report--Gaseous and Opacity Excess Emission and
Monitoring System Performance
Pollutant (Circle One--SO2/NOX/TRS/H2S/
CO/Opacity)
Reporting period dates: From ---------- to ----------
Company:
Emission Limitation_____________________________________________________
Address:
Monitor Manufacturer and Model No.______________________________________
Date of Latest CMS Certification or Audit_______________________________
Process Unit(s) Description:
Total source operating time in reporting period \1\_____________________
------------------------------------------------------------------------
CMS performance
Emission data summary \1\ summary \1\
------------------------------------------------------------------------
1. Duration of excess ........ 1. CMS downtime in
emissions in reporting reporting period due
period due to: to:
a. Startup/shutdown........ ........ a. Monitor equipment
malfunctions.
b. Control equipment ........ b. Non-Monitor
problems. equipment
malfunctions.
c. Process problems........ ........ c. Quality assurance
calibration.
d. Other known causes...... ........ d. Other known
causes.
e. Unknown causes.......... ........ e. Unknown causes...
2. Total duration of excess ........ 2. Total CMS Downtime
emission.
3. Total duration of excess % \2\ 3. [Total CMS % \2\
emissions x (100) [Total Downtime] x (100)
source operating time]. [Total source
operating time].
------------------------------------------------------------------------
\1\ For opacity, record all times in minutes. For gases, record all
times in hours.
\2\ For the reporting period: If the total duration of excess emissions
is 1 percent or greater of the total operating time or the total CMS
downtime is 5 percent or greater of the total operating time, both the
summary report form and the excess emission report described in Sec.
60.7(c) shall be submitted.
On a separate page, describe any changes since last quarter in CMS,
process or controls. I certify that the information contained in this
report is true, accurate, and complete.
________________________________________________________________________
Name
________________________________________________________________________
Signature
________________________________________________________________________
Title
________________________________________________________________________
Date
(e)(1) Notwithstanding the frequency of reporting requirements
specified in paragraph (c) of this section, an owner or operator who is
required by an applicable subpart to submit excess emissions and
monitoring systems performance reports (and summary reports) on a
quarterly (or more frequent) basis may reduce the frequency of reporting
for that standard to semiannual if the following conditions are met:
(i) For 1 full year (e.g., 4 quarterly or 12 monthly reporting
periods) the affected facility's excess emissions and monitoring systems
reports submitted to comply with a standard under this part continually
demonstrate that the facility is in compliance with the applicable
standard;
(ii) The owner or operator continues to comply with all
recordkeeping and monitoring requirements specified in this subpart and
the applicable standard; and
(iii) The Administrator does not object to a reduced frequency of
reporting for the affected facility, as provided in paragraph (e)(2) of
this section.
(2) The frequency of reporting of excess emissions and monitoring
systems
[[Page 62]]
performance (and summary) reports may be reduced only after the owner or
operator notifies the Administrator in writing of his or her intention
to make such a change and the Administrator does not object to the
intended change. In deciding whether to approve a reduced frequency of
reporting, the Administrator may review information concerning the
source's entire previous performance history during the required
recordkeeping period prior to the intended change, including performance
test results, monitoring data, and evaluations of an owner or operator's
conformance with operation and maintenance requirements. Such
information may be used by the Administrator to make a judgment about
the source's potential for noncompliance in the future. If the
Administrator disapproves the owner or operator's request to reduce the
frequency of reporting, the Administrator will notify the owner or
operator in writing within 45 days after receiving notice of the owner
or operator's intention. The notification from the Administrator to the
owner or operator will specify the grounds on which the disapproval is
based. In the absence of a notice of disapproval within 45 days,
approval is automatically granted.
(3) As soon as monitoring data indicate that the affected facility
is not in compliance with any emission limitation or operating parameter
specified in the applicable standard, the frequency of reporting shall
revert to the frequency specified in the applicable standard, and the
owner or operator shall submit an excess emissions and monitoring
systems performance report (and summary report, if required) at the next
appropriate reporting period following the noncomplying event. After
demonstrating compliance with the applicable standard for another full
year, the owner or operator may again request approval from the
Administrator to reduce the frequency of reporting for that standard as
provided for in paragraphs (e)(1) and (e)(2) of this section.
(f) Any owner or operator subject to the provisions of this part
shall maintain a file of all measurements, including continuous
monitoring system, monitoring device, and performance testing
measurements; all continuous monitoring system performance evaluations;
all continuous monitoring system or monitoring device calibration
checks; adjustments and maintenance performed on these systems or
devices; and all other information required by this part recorded in a
permanent form suitable for inspection. The file shall be retained for
at least two years following the date of such measurements, maintenance,
reports, and records, except as follows:
(1) This paragraph applies to owners or operators required to
install a continuous emissions monitoring system (CEMS) where the CEMS
installed is automated, and where the calculated data averages do not
exclude periods of CEMS breakdown or malfunction. An automated CEMS
records and reduces the measured data to the form of the pollutant
emission standard through the use of a computerized data acquisition
system. In lieu of maintaining a file of all CEMS subhourly measurements
as required under paragraph (f) of this section, the owner or operator
shall retain the most recent consecutive three averaging periods of
subhourly measurements and a file that contains a hard copy of the data
acquisition system algorithm used to reduce the measured data into the
reportable form of the standard.
(2) This paragraph applies to owners or operators required to
install a CEMS where the measured data is manually reduced to obtain the
reportable form of the standard, and where the calculated data averages
do not exclude periods of CEMS breakdown or malfunction. In lieu of
maintaining a file of all CEMS subhourly measurements as required under
paragraph (f) of this section, the owner or operator shall retain all
subhourly measurements for the most recent reporting period. The
subhourly measurements shall be retained for 120 days from the date of
the most recent summary or excess emission report submitted to the
Administrator.
(3) The Administrator or delegated authority, upon notification to
the source, may require the owner or operator to maintain all
measurements as
[[Page 63]]
required by paragraph (f) of this section, if the Administrator or the
delegated authority determines these records are required to more
accurately assess the compliance status of the affected source.
(g) If notification substantially similar to that in paragraph (a)
of this section is required by any other State or local agency, sending
the Administrator a copy of that notification will satisfy the
requirements of paragraph (a) of this section.
(h) Individual subparts of this part may include specific provisions
which clarify or make inapplicable the provisions set forth in this
section.
[36 FR 24877, Dec. 28, 1971, as amended at 40 FR 46254, Oct. 6, 1975; 40
FR 58418, Dec. 16, 1975; 45 FR 5617, Jan. 23, 1980; 48 FR 48335, Oct.
18, 1983; 50 FR 53113, Dec. 27, 1985; 52 FR 9781, Mar. 26, 1987; 55 FR
51382, Dec. 13, 1990; 59 FR 12428, Mar. 16, 1994; 59 FR 47265, Sep. 15,
1994; 64 FR 7463, Feb. 12, 1999]