[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

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

[CITE: 40CFR63.10]



[Page 52-60]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR 

SOURCE CATEGORIES--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  63.10  Recordkeeping and reporting requirements.



    (a) Applicability and general information. (1) The applicability of 

this section is set out in Sec.  63.1(a)(4).

    (2) For affected sources that have been granted an extension of 

compliance under subpart D of this part, the requirements of this 

section do not apply to those sources while they are operating under 

such compliance extensions.

    (3) If any State requires a report that contains all the information 

required in a report listed in this section, an owner or operator may 

send the Administrator a copy of the report sent to the State to satisfy 

the requirements of this section for that report.

    (4)(i) Before a State has been delegated the authority to implement 

and enforce recordkeeping and reporting requirements established under 

this part, the owner or operator of an affected source in such State 

subject to such requirements shall submit reports to the appropriate 

Regional Office of the EPA (to the attention of the Director of the 

Division indicated in the list of the EPA Regional Offices in Sec.  

63.13).

    (ii) After a State has been delegated the authority to implement and 

enforce recordkeeping and reporting requirements established under this 

part, the owner or operator of an affected source in such State subject 

to such requirements shall submit reports to the delegated State 

authority (which may be the same as the permitting authority). In 

addition, if the delegated (permitting) authority is the State, the 

owner or operator shall send a copy of each report submitted to the 

State to



[[Page 53]]



the appropriate Regional Office of the EPA, as specified in paragraph 

(a)(4)(i) of this section. The Regional Office may waive this 

requirement for any reports at its discretion.

    (5) If an owner or operator of an affected source in a State with 

delegated authority is required to submit periodic reports under this 

part to the State, and if the State has an established timeline for the 

submission of periodic reports that is consistent with the reporting 

frequency(ies) specified for such source under this part, the owner or 

operator may change the dates by which periodic reports under this part 

shall be submitted (without changing the frequency of reporting) to be 

consistent with the State's schedule by mutual agreement between the 

owner or operator and the State. For each relevant standard established 

pursuant to section 112 of the Act, the allowance in the previous 

sentence applies in each State beginning 1 year after the affected 

source's compliance date for that standard. Procedures governing the 

implementation of this provision are specified in Sec.  63.9(i).

    (6) If an owner or operator supervises one or more stationary 

sources affected by more than one standard established pursuant to 

section 112 of the Act, he/she may arrange by mutual agreement between 

the owner or operator and the Administrator (or the State permitting 

authority) a common schedule on which periodic reports required for each 

source shall be submitted throughout the year. The allowance in the 

previous sentence applies in each State beginning 1 year after the 

latest compliance date for any relevant standard established pursuant to 

section 112 of the Act for any such affected source(s). Procedures 

governing the implementation of this provision are specified in Sec.  

63.9(i).

    (7) If an owner or operator supervises one or more stationary 

sources affected by standards established pursuant to section 112 of the 

Act (as amended November 15, 1990) and standards set under part 60, part 

61, or both such parts of this chapter, he/she may arrange by mutual 

agreement between the owner or operator and the Administrator (or the 

State permitting authority) a common schedule on which periodic reports 

required by each relevant (i.e., applicable) standard shall be submitted 

throughout the year. The allowance in the previous sentence applies in 

each State beginning 1 year after the stationary source is required to 

be in compliance with the relevant section 112 standard, or 1 year after 

the stationary source is required to be in compliance with the 

applicable part 60 or part 61 standard, whichever is latest. Procedures 

governing the implementation of this provision are specified in Sec.  

63.9(i).

    (b) General recordkeeping requirements. (1) The owner or operator of 

an affected source subject to the provisions of this part shall maintain 

files of all information (including all reports and notifications) 

required by this part recorded in a form suitable and readily available 

for expeditious inspection and review. The files shall be retained for 

at least 5 years following the date of each occurrence, measurement, 

maintenance, corrective action, report, or record. At a minimum, the 

most recent 2 years of data shall be retained on site. The remaining 3 

years of data may be retained off site. Such files may be maintained on 

microfilm, on a computer, on computer floppy disks, on magnetic tape 

disks, or on microfiche.

    (2) The owner or operator of an affected source subject to the 

provisions of this part shall maintain relevant records for such source 

of--

    (i) The occurrence and duration of each startup or shutdown when the 

startup or shutdown causes the source to exceed any applicable emission 

limitation in the relevant emission standards;

    (ii) The occurrence and duration of each malfunction of operation 

(i.e., process equipment) or the required air pollution control and 

monitoring equipment;

    (iii) All required maintenance performed on the air pollution 

control and monitoring equipment;

    (iv)(A) Actions taken during periods of startup or shutdown when the 

source exceeded applicable emission limitations in a relevant standard 

and when the actions taken are different from the procedures specified 

in the affected source's startup, shutdown, and malfunction plan (see 

Sec.  63.6(e)(3)); or



[[Page 54]]



    (B) Actions taken during periods of malfunction (including 

corrective actions to restore malfunctioning process and air pollution 

control and monitoring equipment to its normal or usual manner of 

operation) when the actions taken are different from the procedures 

specified in the affected source's startup, shutdown, and malfunction 

plan (see Sec.  63.6(e)(3));

    (v) All information necessary, including actions taken, to 

demonstrate conformance with the affected source's startup, shutdown, 

and malfunction plan (see Sec.  63.6(e)(3)) when all actions taken 

during periods of startup or shutdown (and the startup or shutdown 

causes the source to exceed any applicable emission limitation in the 

relevant emission standards), and malfunction (including corrective 

actions to restore malfunctioning process and air pollution control and 

monitoring equipment to its normal or usual manner of operation) are 

consistent with the procedures specified in such plan. (The information 

needed to demonstrate conformance with the startup, shutdown, and 

malfunction plan may be recorded using a ``checklist,'' or some other 

effective form of recordkeeping, in order to minimize the recordkeeping 

burden for conforming events);

    (vi) Each period during which a CMS is malfunctioning or inoperative 

(including out-of-control periods);

    (vii) All required measurements needed to demonstrate compliance 

with a relevant standard (including, but not limited to, 15-minute 

averages of CMS data, raw performance testing measurements, and raw 

performance evaluation measurements, that support data that the source 

is required to report);

    (A) 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 (b)(2)(vii) 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.

    (B) 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 (b)(2)(vii) 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.

    (C) The Administrator or delegated authority, upon notification to 

the source, may require the owner or operator to maintain all 

measurements as required by paragraph (b)(2)(vii), if the administrator 

or the delegated authority determines these records are required to more 

accurately assess the compliance status of the affected source.

    (viii) All results of performance tests, CMS performance 

evaluations, and opacity and visible emission observations;

    (ix) All measurements as may be necessary to determine the 

conditions of performance tests and performance evaluations;

    (x) All CMS calibration checks;

    (xi) All adjustments and maintenance performed on CMS;

    (xii) Any information demonstrating whether a source is meeting the 

requirements for a waiver of recordkeeping or reporting requirements 

under this part, if the source has been granted a waiver under paragraph 

(f) of this section;

    (xiii) All emission levels relative to the criterion for obtaining 

permission to use an alternative to the relative accuracy test, if the 

source has been



[[Page 55]]



granted such permission under Sec.  63.8(f)(6); and

    (xiv) All documentation supporting initial notifications and 

notifications of compliance status under Sec.  63.9.

    (3) Recordkeeping requirement for applicability determinations. If 

an owner or operator determines that his or her stationary source that 

emits (or has the potential to emit, without considering controls) one 

or more hazardous air pollutants regulated by any standard established 

pursuant to section 112(d) or (f), and that stationary source is in the 

source category regulated by the relevant standard, but that source is 

not subject to the relevant standard (or other requirement established 

under this part) because of limitations on the source's potential to 

emit or an exclusion, the owner or operator must keep a record of the 

applicability determination on site at the source for a period of 5 

years after the determination, or until the source changes its 

operations to become an affected source, whichever comes first. The 

record of the applicability determination must be signed by the person 

making the determination and include an analysis (or other information) 

that demonstrates why the owner or operator believes the source is 

unaffected (e.g., because the source is an area source). The analysis 

(or other information) must be sufficiently detailed to allow the 

Administrator to make a finding about the source's applicability status 

with regard to the relevant standard or other requirement. If relevant, 

the analysis must be performed in accordance with requirements 

established in relevant subparts of this part for this purpose for 

particular categories of stationary sources. If relevant, the analysis 

should be performed in accordance with EPA guidance materials published 

to assist sources in making applicability determinations under section 

112, if any. The requirements to determine applicability of a standard 

under Sec.  63.1(b)(3) and to record the results of that determination 

under paragraph (b)(3) of this section shall not by themselves create an 

obligation for the owner or operator to obtain a title V permit.

    (c) Additional recordkeeping requirements for sources with 

continuous monitoring systems. In addition to complying with the 

requirements specified in paragraphs (b)(1) and (b)(2) of this section, 

the owner or operator of an affected source required to install a CMS by 

a relevant standard shall maintain records for such source of--

    (1) All required CMS measurements (including monitoring data 

recorded during unavoidable CMS breakdowns and out-of-control periods);

    (2)-(4) [Reserved]

    (5) The date and time identifying each period during which the CMS 

was inoperative except for zero (low-level) and high-level checks;

    (6) The date and time identifying each period during which the CMS 

was out of control, as defined in Sec.  63.8(c)(7);

    (7) The specific identification (i.e., the date and time of 

commencement and completion) of each period of excess emissions and 

parameter monitoring exceedances, as defined in the relevant 

standard(s), that occurs during startups, shutdowns, and malfunctions of 

the affected source;

    (8) The specific identification (i.e., the date and time of 

commencement and completion) of each time period of excess emissions and 

parameter monitoring exceedances, as defined in the relevant 

standard(s), that occurs during periods other than startups, shutdowns, 

and malfunctions of the affected source;

    (9) [Reserved]

    (10) The nature and cause of any malfunction (if known);

    (11) The corrective action taken or preventive measures adopted;

    (12) The nature of the repairs or adjustments to the CMS that was 

inoperative or out of control;

    (13) The total process operating time during the reporting period; 

and

    (14) All procedures that are part of a quality control program 

developed and implemented for CMS under Sec.  63.8(d).

    (15) In order to satisfy the requirements of paragraphs (c)(10) 

through (c)(12) of this section and to avoid duplicative recordkeeping 

efforts, the owner or operator may use the affected source's startup, 

shutdown, and malfunction plan or records kept to satisfy the 

recordkeeping requirements of the startup, shutdown, and malfunction 

plan specified in Sec.  63.6(e), provided that



[[Page 56]]



such plan and records adequately address the requirements of paragraphs 

(c)(10) through (c)(12).

    (d) General reporting requirements. (1) Notwithstanding the 

requirements in this paragraph or paragraph (e) of this section, and 

except as provided in Sec.  63.16, the owner or operator of an affected 

source subject to reporting requirements under this part shall submit 

reports to the Administrator in accordance with the reporting 

requirements in the relevant standard(s).

    (2) Reporting results of performance tests. Before a title V permit 

has been issued to the owner or operator of an affected source, the 

owner or operator shall report the results of any performance test under 

Sec.  63.7 to the Administrator. After a title V permit has been issued 

to the owner or operator of an affected source, the owner or operator 

shall report the results of a required performance test to the 

appropriate permitting authority. The owner or operator of an affected 

source shall report the results of the performance test to the 

Administrator (or the State with an approved permit program) before the 

close of business on the 60th day following the completion of the 

performance test, unless specified otherwise in a relevant standard or 

as approved otherwise in writing by the Administrator. The results of 

the performance test shall be submitted as part of the notification of 

compliance status required under Sec.  63.9(h).

    (3) Reporting results of opacity or visible emission observations. 

The owner or operator of an affected source required to conduct opacity 

or visible emission observations by a relevant standard shall report the 

opacity or visible emission results (produced using Test Method 9 or 

Test Method 22, or an alternative to these test methods) along with the 

results of the performance test required under Sec.  63.7. If no 

performance test is required, or if visibility or other conditions 

prevent the opacity or visible emission observations from being 

conducted concurrently with the performance test required under Sec.  

63.7, the owner or operator shall report the opacity or visible emission 

results before the close of business on the 30th day following the 

completion of the opacity or visible emission observations.

    (4) Progress reports. The owner or operator of an affected source 

who is required to submit progress reports as a condition of receiving 

an extension of compliance under Sec.  63.6(i) shall submit such reports 

to the Administrator (or the State with an approved permit program) by 

the dates specified in the written extension of compliance.

    (5)(i) Periodic startup, shutdown, and malfunction reports. If 

actions taken by an owner or operator during a startup or shutdown (and 

the startup or shutdown causes the source to exceed any applicable 

emission limitation in the relevant emission standards), or malfunction 

of an affected source (including actions taken to correct a malfunction) 

are consistent with the procedures specified in the source's startup, 

shutdown, and malfunction plan (see Sec.  63.6(e)(3)), the owner or 

operator shall state such information in a startup, shutdown, and 

malfunction report. Actions taken to minimize emissions during such 

startups, shutdowns, and malfunctions shall be summarized in the report 

and may be done in checklist form; if actions taken are the same for 

each event, only one checklist is necessary. Such a report shall also 

include the number, duration, and a brief description for each type of 

malfunction which occurred during the reporting period and which caused 

or may have caused any applicable emission limitation to be exceeded. 

Reports shall only be required if a startup or shutdown caused the 

source to exceed any applicable emission limitation in the relevant 

emission standards, or if a malfunction occurred during the reporting 

period. The startup, shutdown, and malfunction report shall consist of a 

letter, containing the name, title, and signature of the owner or 

operator or other responsible official who is certifying its accuracy, 

that shall be submitted to the Administrator semiannually (or on a more 

frequent basis if specified otherwise in a relevant standard or as 

established otherwise by the permitting authority in the source's title 

V permit). The startup, shutdown, and malfunction report shall be 

delivered or postmarked by the 30th day following the end of each 

calendar half (or



[[Page 57]]



other calendar reporting period, as appropriate). If the owner or 

operator is required to submit excess emissions and continuous 

monitoring system performance (or other periodic) reports under this 

part, the startup, shutdown, and malfunction reports required under this 

paragraph may be submitted simultaneously with the excess emissions and 

continuous monitoring system performance (or other) reports. If startup, 

shutdown, and malfunction reports are submitted with excess emissions 

and continuous monitoring system performance (or other periodic) 

reports, and the owner or operator receives approval to reduce the 

frequency of reporting for the latter under paragraph (e) of this 

section, the frequency of reporting for the startup, shutdown, and 

malfunction reports also may be reduced if the Administrator does not 

object to the intended change. The procedures to implement the allowance 

in the preceding sentence shall be the same as the procedures specified 

in paragraph (e)(3) of this section.

    (ii) Immediate startup, shutdown, and malfunction reports. 

Notwithstanding the allowance to reduce the frequency of reporting for 

periodic startup, shutdown, and malfunction reports under paragraph 

(d)(5)(i) of this section, any time an action taken by an owner or 

operator during a startup or shutdown that caused the source to exceed 

any applicable emission limitation in the relevant emission standards, 

or malfunction (including actions taken to correct a malfunction) is not 

consistent with the procedures specified in the affected source's 

startup, shutdown, and malfunction plan, the owner or operator shall 

report the actions taken for that event within 2 working days after 

commencing actions inconsistent with the plan followed by a letter 

within 7 working days after the end of the event. The immediate report 

required under this paragraph (d)(5)(ii) shall consist of a telephone 

call (or facsimile (FAX) transmission) to the Administrator within 2 

working days after commencing actions inconsistent with the plan, and it 

shall be followed by a letter, delivered or postmarked within 7 working 

days after the end of the event, that contains the name, title, and 

signature of the owner or operator or other responsible official who is 

certifying its accuracy, explaining the circumstances of the event, the 

reasons for not following the startup, shutdown, and malfunction plan, 

describing all excess emissions and/or parameter monitoring exceedances 

which are believed to have occurred (or could have occurred in the case 

of malfunctions), and actions taken to minimize emissions in conformance 

with Sec.  63.6(e)(1)(i). Notwithstanding the requirements of the 

previous sentence, after the effective date of an approved permit 

program in the State in which an affected source is located, the owner 

or operator may make alternative reporting arrangements, in advance, 

with the permitting authority in that State. Procedures governing the 

arrangement of alternative reporting requirements under this paragraph 

(d)(5)(ii) are specified in Sec.  63.9(i).

    (e) Additional reporting requirements for sources with continuous 

monitoring systems--(1) General. When more than one CEMS is used to 

measure the emissions from one affected source (e.g., multiple 

breechings, multiple outlets), the owner or operator shall report the 

results as required for each CEMS.

    (2) Reporting results of continuous monitoring system performance 

evaluations. (i) The owner or operator of an affected source required to 

install a CMS by a relevant standard shall furnish the Administrator a 

copy of a written report of the results of the CMS performance 

evaluation, as required under Sec.  63.8(e), simultaneously with the 

results of the performance test required under Sec.  63.7, unless 

otherwise specified in the relevant standard.

    (ii) The owner or operator of an affected source using a COMS to 

determine opacity compliance during any performance test required under 

Sec.  63.7 and described in Sec.  63.6(d)(6) shall furnish the 

Administrator two or, upon request, three copies of a written report of 

the results of the COMS performance evaluation conducted under Sec.  

63.8(e). The copies shall be furnished at least 15 calendar days before 

the performance test required under Sec.  63.7 is conducted.

    (3) Excess emissions and continuous monitoring system performance 

report and summary report. (i) Excess emissions and parameter monitoring 

exceedances



[[Page 58]]



are defined in relevant standards. The owner or operator of an affected 

source required to install a CMS by a relevant standard shall submit an 

excess emissions and continuous monitoring system performance report 

and/or a summary report to the Administrator semiannually, except when--

    (A) More frequent reporting is specifically required by a relevant 

standard;

    (B) The Administrator determines on a case-by-case basis that more 

frequent reporting is necessary to accurately assess the compliance 

status of the source; or

    (C) [Reserved]

    (D) The affected source is complying with the Performance Track 

Provisions of Sec.  63.16, which allows less frequent reporting.

    (ii) Request to reduce frequency of excess emissions and continuous 

monitoring system performance reports. Notwithstanding the frequency of 

reporting requirements specified in paragraph (e)(3)(i) of this section, 

an owner or operator who is required by a relevant standard to submit 

excess emissions and continuous monitoring system performance (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:

    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 

periods) the affected source's excess emissions and continuous 

monitoring system performance reports continually demonstrate that the 

source is in compliance with the relevant standard;

    (B) The owner or operator continues to comply with all recordkeeping 

and monitoring requirements specified in this subpart and the relevant 

standard; and

    (C) The Administrator does not object to a reduced frequency of 

reporting for the affected source, as provided in paragraph (e)(3)(iii) 

of this section.

    (iii) The frequency of reporting of excess emissions and continuous 

monitoring system performance (and summary) reports required to comply 

with a relevant standard 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 5-year 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.

    (iv) As soon as CMS data indicate that the source is not in 

compliance with any emission limitation or operating parameter specified 

in the relevant standard, the frequency of reporting shall revert to the 

frequency specified in the relevant standard, and the owner or operator 

shall submit an excess emissions and continuous monitoring system 

performance (and summary) report for the noncomplying emission points at 

the next appropriate reporting period following the noncomplying event. 

After demonstrating ongoing compliance with the relevant 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)(3)(ii) and (e)(3)(iii) of 

this section.

    (v) Content and submittal dates for excess emissions and monitoring 

system performance reports. All excess emissions and monitoring system 

performance reports and all summary reports, if required, shall be 

delivered or postmarked by the 30th day following the end of each 

calendar half or quarter, as appropriate. Written reports of excess



[[Page 59]]



emissions or exceedances of process or control system parameters shall 

include all the information required in paragraphs (c)(5) through 

(c)(13) of this section, in Sec.  63.8(c)(7) and Sec.  63.8(c)(8), and 

in the relevant standard, and they shall contain the name, title, and 

signature of the responsible official who is certifying the accuracy of 

the report. When no excess emissions or exceedances of a parameter have 

occurred, or a CMS has not been inoperative, out of control, repaired, 

or adjusted, such information shall be stated in the report.

    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 

(e)(3)(viii) of this section, one summary report shall be submitted for 

the hazardous air pollutants monitored at each affected source (unless 

the relevant standard specifies that more than one summary report is 

required, e.g., one summary report for each hazardous air pollutant 

monitored). The summary report shall be entitled ``Summary Report--

Gaseous and Opacity Excess Emission and Continuous Monitoring System 

Performance'' and shall contain the following information:

    (A) The company name and address of the affected source;

    (B) An identification of each hazardous air pollutant monitored at 

the affected source;

    (C) The beginning and ending dates of the reporting period;

    (D) A brief description of the process units;

    (E) The emission and operating parameter limitations specified in 

the relevant standard(s);

    (F) The monitoring equipment manufacturer(s) and model number(s);

    (G) The date of the latest CMS certification or audit;

    (H) The total operating time of the affected source during the 

reporting period;

    (I) An emission data summary (or similar summary if the owner or 

operator monitors control system parameters), including the total 

duration of excess emissions during the reporting period (recorded in 

minutes for opacity and hours for gases), the total duration of excess 

emissions expressed as a percent of the total source operating time 

during that reporting period, and a breakdown of the total duration of 

excess emissions during the reporting period into those that are due to 

startup/shutdown, control equipment problems, process problems, other 

known causes, and other unknown causes;

    (J) A CMS performance summary (or similar summary if the owner or 

operator monitors control system parameters), including the total CMS 

downtime during the reporting period (recorded in minutes for opacity 

and hours for gases), the total duration of CMS downtime expressed as a 

percent of the total source operating time during that reporting period, 

and a breakdown of the total CMS downtime during the reporting period 

into periods that are due to monitoring equipment malfunctions, 

nonmonitoring equipment malfunctions, quality assurance/quality control 

calibrations, other known causes, and other unknown causes;

    (K) A description of any changes in CMS, processes, or controls 

since the last reporting period;

    (L) The name, title, and signature of the responsible official who 

is certifying the accuracy of the report; and

    (M) The date of the report.

    (vii) If the total duration of excess emissions or process or 

control system parameter exceedances 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 

shall be submitted, and the full excess emissions and continuous 

monitoring system performance report need not be submitted unless 

required by the Administrator.

    (viii) If the total duration of excess emissions or process or 

control system parameter exceedances 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, both the 

summary report and the excess emissions and continuous monitoring system 

performance report shall be submitted.



[[Page 60]]



    (4) Reporting continuous opacity monitoring system data produced 

during a performance test. The owner or operator of an affected source 

required to use a COMS shall record the monitoring data produced during 

a performance test required under Sec.  63.7 and shall furnish the 

Administrator a written report of the monitoring results. The report of 

COMS data shall be submitted simultaneously with the report of the 

performance test results required in paragraph (d)(2) of this section.

    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 

waiver of a recordkeeping or reporting requirement has been granted by 

the Administrator under this paragraph, the owner or operator of an 

affected source remains subject to the requirements of this section.

    (2) Recordkeeping or reporting requirements may be waived upon 

written application to the Administrator if, in the Administrator's 

judgment, the affected source is achieving the relevant standard(s), or 

the source is operating under an extension of compliance, or the owner 

or operator has requested an extension of compliance and the 

Administrator is still considering that request.

    (3) If an application for a waiver of recordkeeping or reporting is 

made, the application shall accompany the request for an extension of 

compliance under Sec.  63.6(i), any required compliance progress report 

or compliance status report required under this part (such as under 

Sec.  63.6(i) and Sec.  63.9(h)) or in the source's title V permit, or 

an excess emissions and continuous monitoring system performance report 

required under paragraph (e) of this section, whichever is applicable. 

The application shall include whatever information the owner or operator 

considers useful to convince the Administrator that a waiver of 

recordkeeping or reporting is warranted.

    (4) The Administrator will approve or deny a request for a waiver of 

recordkeeping or reporting requirements under this paragraph when he/

she--

    (i) Approves or denies an extension of compliance; or

    (ii) Makes a determination of compliance following the submission of 

a required compliance status report or excess emissions and continuous 

monitoring systems performance report; or

    (iii) Makes a determination of suitable progress towards compliance 

following the submission of a compliance progress report, whichever is 

applicable.

    (5) A waiver of any recordkeeping or reporting requirement granted 

under this paragraph may be conditioned on other recordkeeping or 

reporting requirements deemed necessary by the Administrator.

    (6) Approval of any waiver granted under this section shall not 

abrogate the Administrator's authority under the Act or in any way 

prohibit the Administrator from later canceling the waiver. The 

cancellation will be made only after notice is given to the owner or 

operator of the affected source.



[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 

FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 

2004; 71 FR 20455, Apr. 20, 2006]