[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: 40CFR64.4]

[Page 10-12]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64_COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec.  64.4  Submittal requirements.

    (a) The owner or operator shall submit to the permitting authority 
monitoring that satisfies the design requirements in Sec.  64.3. The 
submission shall include the following information:
    (1) The indicators to be monitored to satisfy Sec. Sec.  64.3(a)(1)-
(2);
    (2) The ranges or designated conditions for such indicators, or the 
process by which such indicator ranges or designated conditions shall be 
established;
    (3) The performance criteria for the monitoring to satisfy Sec.  
64.3(b); and
    (4) If applicable, the indicator ranges and performance criteria for 
a CEMS, COMS or PEMS pursuant to Sec.  64.3(d).
    (b) As part of the information submitted, the owner or operator 
shall submit a justification for the proposed elements of the 
monitoring. If the performance specifications proposed to satisfy Sec.  
64.3(b)(2) or (3) include differences from manufacturer recommendations, 
the owner or operator shall explain the reasons for the differences 
between the requirements proposed by the owner or operator and the 
manufacturer's recommendations or requirements. The owner or operator 
also shall submit any data supporting the justification, and may refer 
to generally available sources of information used to support the 
justification (such as generally available air pollution engineering 
manuals, or EPA or permitting authority publications on appropriate 
monitoring for various types of control devices or capture systems). To 
justify the appropriateness of the monitoring elements proposed, the 
owner

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or operator may rely in part on existing applicable requirements that 
establish the monitoring for the applicable pollutant-specific emissions 
unit or a similar unit. If an owner or operator relies on presumptively 
acceptable monitoring, no further justification for the appropriateness 
of that monitoring should be necessary other than an explanation of the 
applicability of such monitoring to the unit in question, unless data or 
information is brought forward to rebut the assumption. Presumptively 
acceptable monitoring includes:
    (1) Presumptively acceptable or required monitoring approaches, 
established by the permitting authority in a rule that constitutes part 
of the applicable implementation plan required pursuant to title I of 
the Act, that are designed to achieve compliance with this part for 
particular pollutant-specific emissions units;
    (2) Continuous emission, opacity or predictive emission monitoring 
systems that satisfy applicable monitoring requirements and performance 
specifications as specified in Sec.  64.3(d);
    (3) Excepted or alternative monitoring methods allowed or approved 
pursuant to part 75 of this chapter;
    (4) Monitoring included for standards exempt from this part pursuant 
to Sec.  64.2(b)(1)(i) or (vi) to the extent such monitoring is 
applicable to the performance of the control device (and associated 
capture system) for the pollutant-specific emissions unit; and
    (5) Presumptively acceptable monitoring identified in guidance by 
EPA. Such guidance will address the requirements under Sec. Sec.  
64.4(a), (b), and (c) to the extent practicable.
    (c)(1) Except as provided in paragraph (d) of this section, the 
owner or operator shall submit control device (and process and capture 
system, if applicable) operating parameter data obtained during the 
conduct of the applicable compliance or performance test conducted under 
conditions specified by the applicable rule. If the applicable rule does 
not specify testing conditions or only partially specifies test 
conditions, the performance test generally shall be conducted under 
conditions representative of maximum emissions potential under 
anticipated operating conditions at the pollutant-specific emissions 
unit. Such data may be supplemented, if desired, by engineering 
assessments and manufacturer's recommendations to justify the indicator 
ranges (or, if applicable, the procedures for establishing such 
indicator ranges). Emission testing is not required to be conducted over 
the entire indicator range or range of potential emissions.
    (2) The owner or operator must document that no changes to the 
pollutant-specific emissions unit, including the control device and 
capture system, have taken place that could result in a significant 
change in the control system performance or the selected ranges or 
designated conditions for the indicators to be monitored since the 
performance or compliance tests were conducted.
    (d) If existing data from unit-specific compliance or performance 
testing specified in paragraph (c) of this section are not available, 
the owner or operator:
    (1) Shall submit a test plan and schedule for obtaining such data in 
accordance with paragraph (e) of this section; or
    (2) May submit indicator ranges (or procedures for establishing 
indicator ranges) that rely on engineering assessments and other data, 
provided that the owner or operator demonstrates that factors specific 
to the type of monitoring, control device, or pollutant-specific 
emissions unit make compliance or performance testing unnecessary to 
establish indicator ranges at levels that satisfy the criteria in Sec.  
64.3(a).
    (e) If the monitoring submitted by the owner or operator requires 
installation, testing, or other necessary activities prior to use of the 
monitoring for purposes of this part, the owner or operator shall 
include an implementation plan and schedule for installing, testing and 
performing any other appropriate activities prior to use of the 
monitoring. The implementation plan and schedule shall provide for use 
of the monitoring as expeditiously as practicable after approval of the 
monitoring in the part 70 or 71 permit pursuant to Sec.  64.6, but in no 
case shall the schedule for completing installation

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and beginning operation of the monitoring exceed 180 days after approval 
of the permit.
    (f) If a control device is common to more than one pollutant-
specific emissions unit, the owner or operator may submit monitoring for 
the control device and identify the pollutant-specific emissions units 
affected and any process or associated capture device conditions that 
must be maintained or monitored in accordance with Sec.  64.3(a) rather 
than submit separate monitoring for each pollutant-specific emissions 
unit.
    (g) If a single pollutant-specific emissions unit is controlled by 
more than one control device similar in design and operation, the owner 
or operator may submit monitoring that applies to all the control 
devices and identify the control devices affected and any process or 
associated capture device conditions that must be maintained or 
monitored in accordance with Sec.  64.3(a) rather than submit a separate 
description of monitoring for each control device.