[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR64.1]
[Page 5-7]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 64_COMPLIANCE ASSURANCE MONITORING--Table of Contents
Sec. 64.1 Definitions.
The following definitions apply to this part. Except as specifically
provided in this section, terms used in this part retain the meaning
accorded them under the applicable provisions of the Act.
Act means the Clean Air Act, as amended by Pub.L. 101-549, 42 U.S.C.
7401, et seq.
Applicable requirement shall have the same meaning as provided under
part 70 of this chapter.
Capture system means the equipment (including but not limited to
hoods, ducts, fans, and booths) used to contain, capture and transport a
pollutant to a control device.
Continuous compliance determination method means a method, specified
by the applicable standard or an applicable permit condition, which:
(1) Is used to determine compliance with an emission limitation or
standard on a continuous basis, consistent with the averaging period
established for the emission limitation or standard; and
(2) Provides data either in units of the standard or correlated
directly with the compliance limit.
Control device means equipment, other than inherent process
equipment, that is used to destroy or remove air pollutant(s) prior to
discharge to the atmosphere. The types of equipment that may commonly be
used as control devices include, but are not limited to, fabric filters,
mechanical collectors, electrostatic precipitators, inertial separators,
afterburners, thermal or catalytic incinerators, adsorption devices
(such as carbon beds), condensers, scrubbers (such as wet collection and
gas absorption devices), selective catalytic or non-catalytic reduction
systems, flue gas recirculation systems, spray dryers, spray towers,
mist eliminators, acid plants, sulfur recovery plants, injection systems
(such as water, steam, ammonia, sorbent or limestone injection), and
combustion devices independent of the particular process being conducted
at an emissions unit (e.g., the destruction of emissions achieved by
venting process emission streams to flares, boilers or process heaters).
For purposes of this part, a control device does not include passive
control measures that act to prevent pollutants from forming, such as
the use of seals, lids, or roofs to prevent the release of pollutants,
use of low-polluting fuel or feedstocks, or the use of combustion or
other process design features or characteristics. If an applicable
requirement establishes that particular equipment which otherwise meets
this definition of a control device does not constitute a control device
as applied to a particular pollutant-specific emissions unit, then that
definition shall be binding for purposes of this part.
Data means the results of any type of monitoring or method,
including the results of instrumental or non-instrumental monitoring,
emission calculations, manual sampling procedures, recordkeeping
procedures, or any other form of information collection procedure used
in connection with any type of monitoring or method.
Emission limitation or standard means any applicable requirement
that constitutes an emission limitation, emission standard, standard of
performance or means of emission limitation as defined under the Act. An
emission limitation or standard may be expressed in terms of the
pollutant, expressed either
[[Page 6]]
as a specific quantity, rate or concentration of emissions (e.g., pounds
of SO2 per hour, pounds of SO2 per million British
thermal units of fuel input, kilograms of VOC per liter of applied
coating solids, or parts per million by volume of SO2) or as
the relationship of uncontrolled to controlled emissions (e.g.,
percentage capture and destruction efficiency of VOC or percentage
reduction of SO2). An emission limitation or standard may
also be expressed either as a work practice, process or control device
parameter, or other form of specific design, equipment, operational, or
operation and maintenance requirement. For purposes of this part, an
emission limitation or standard shall not include general operation
requirements that an owner or operator may be required to meet, such as
requirements to obtain a permit, to operate and maintain sources in
accordance with good air pollution control practices, to develop and
maintain a malfunction abatement plan, to keep records, submit reports,
or conduct monitoring.
Emissions unit shall have the same meaning as provided under part 70
of this chapter.
Exceedance shall mean a condition that is detected by monitoring
that provides data in terms of an emission limitation or standard and
that indicates that emissions (or opacity) are greater than the
applicable emission limitation or standard (or less than the applicable
standard in the case of a percent reduction requirement) consistent with
any averaging period specified for averaging the results of the
monitoring.
Excursion shall mean a departure from an indicator range established
for monitoring under this part, consistent with any averaging period
specified for averaging the results of the monitoring.
Inherent process equipment means equipment that is necessary for the
proper or safe functioning of the process, or material recovery
equipment that the owner or operator documents is installed and operated
primarily for purposes other than compliance with air pollution
regulations. Equipment that must be operated at an efficiency higher
than that achieved during normal process operations in order to comply
with the applicable emission limitation or standard is not inherent
process equipment. For the purposes of this part, inherent process
equipment is not considered a control device.
Major source shall have the same meaning as provided under part 70
or 71 of this chapter.
Monitoring means any form of collecting data on a routine basis to
determine or otherwise assess compliance with emission limitations or
standards. Recordkeeping may be considered monitoring where such records
are used to determine or assess compliance with an emission limitation
or standard (such as records of raw material content and usage, or
records documenting compliance with work practice requirements). The
conduct of compliance method tests, such as the procedures in appendix A
to part 60 of this chapter, on a routine periodic basis may be
considered monitoring (or as a supplement to other monitoring), provided
that requirements to conduct such tests on a one-time basis or at such
times as a regulatory authority may require on a non-regular basis are
not considered monitoring requirements for purposes of this paragraph.
Monitoring may include one or more than one of the following data
collection techniques, where appropriate for a particular circumstance:
(1) Continuous emission or opacity monitoring systems.
(2) Continuous process, capture system, control device or other
relevant parameter monitoring systems or procedures, including a
predictive emission monitoring system.
(3) Emission estimation and calculation procedures (e.g., mass
balance or stoichiometric calculations).
(4) Maintenance and analysis of records of fuel or raw materials
usage.
(5) Recording results of a program or protocol to conduct specific
operation and maintenance procedures.
(6) Verification of emissions, process parameters, capture system
parameters, or control device parameters using portable or in situ
measurement devices.
(7) Visible emission observations.
(8) Any other form of measuring, recording, or verifying on a
routine basis
[[Page 7]]
emissions, process parameters, capture system parameters, control device
parameters or other factors relevant to assessing compliance with
emission limitations or standards.
Owner or operator means any person who owns, leases, operates,
controls or supervises a stationary source subject to this part.
Part 70 or 71 permit shall have the same meaning as provided under
part 70 or 71 of this chapter, provided that it shall also refer to a
permit issued, renewed, amended, revised, or modified under any federal
permit program promulgated under title V of the Act.
Part 70 or 71 permit application shall mean an application
(including any supplement to a previously submitted application) that is
submitted by the owner or operator in order to obtain a part 70 or 71
permit.
Permitting authority shall have the same meaning as provided under
part 70 or 71 of this chapter.
Pollutant-specific emissions unit means an emissions unit considered
separately with respect to each regulated air pollutant.
Potential to emit shall have the same meaning as provided under part
70 or 71 of this chapter, provided that it shall be applied with respect
to an ``emissions unit'' as defined under this part in addition to a
``stationary source'' as provided under part 70 or 71 of this chapter.
Predictive emission monitoring system (PEMS) means a system that
uses process and other parameters as inputs to a computer program or
other data reduction system to produce values in terms of the applicable
emission limitation or standard.
Regulated air pollutant shall have the same meaning as provided
under part 70 or 71 of this chapter.