[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: 40CFR64.6]

[Page 12-13]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 64_COMPLIANCE ASSURANCE MONITORING--Table of Contents
 
Sec.  64.6  Approval of monitoring.

    (a) Based on an application that includes the information submitted 
in accordance with Sec.  64.5, the permitting authority shall act to 
approve the monitoring submitted by the owner or operator by confirming 
that the monitoring satisfies the requirements in Sec.  64.3.
    (b) In approving monitoring under this section, the permitting 
authority may condition the approval on the owner or operator collecting 
additional data on the indicators to be monitored for a pollutant-
specific emissions unit, including required compliance or performance 
testing, to confirm the ability of the monitoring to provide data that 
are sufficient to satisfy the requirements of this part and to confirm 
the appropriateness of an indicator

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range(s) or designated condition(s) proposed to satisfy Sec.  64.3(a)(2) 
and (3) and consistent with the schedule in Sec.  64.4(e).
    (c) If the permitting authority approves the proposed monitoring, 
the permitting authority shall establish one or more permit terms or 
conditions that specify the required monitoring in accordance with Sec.  
70.6(a)(3)(i) of this chapter. At a minimum, the permit shall specify:
    (1) The approved monitoring approach that includes all of the 
following:
    (i) The indicator(s) to be monitored (such as temperature, pressure 
drop, emissions, or similar parameter);
    (ii) The means or device to be used to measure the indicator(s) 
(such as temperature measurement device, visual observation, or CEMS); 
and
    (iii) The performance requirements established to satisfy Sec.  
64.3(b) or (d), as applicable.
    (2) The means by which the owner or operator will define an 
exceedance or excursion for purposes of responding to and reporting 
exceedances or excursions under Sec. Sec.  64.7 and 64.8 of this part. 
The permit shall specify the level at which an excursion or exceedance 
will be deemed to occur, including the appropriate averaging period 
associated with such exceedance or excursion. For defining an excursion 
from an indicator range or designated condition, the permit may either 
include the specific value(s) or condition(s) at which an excursion 
shall occur, or the specific procedures that will be used to establish 
that value or condition. If the latter, the permit shall specify 
appropriate notice procedures for the owner or operator to notify the 
permitting authority upon any establishment or reestablishment of the 
value.
    (3) The obligation to conduct the monitoring and fulfill the other 
obligations specified in Sec. Sec.  64.7 through 64.9 of this part.
    (4) If appropriate, a minimum data availability requirement for 
valid data collection for each averaging period, and, if appropriate, a 
minimum data availability requirement for the averaging periods in a 
reporting period.
    (d) If the monitoring proposed by the owner or operator requires 
installation, testing or final verification of operational status, the 
part 70 or 71 permit shall include an enforceable schedule with 
appropriate milestones for completing such installation, testing, or 
final verification consistent with the requirements in Sec.  64.4(e).
    (e) If the permitting authority disapproves the proposed monitoring, 
the following applies:
    (1) The draft or final permit shall include, at a minimum, 
monitoring that satisfies the requirements of Sec.  70.6(a)(3)(i)(B);
    (2) The permitting authority shall include in the draft or final 
permit a compliance schedule for the source owner to submit monitoring 
that satisfies Sec. Sec.  64.3 and 64.4, but in no case shall the owner 
or operator submit revised monitoring more than 180 days from the date 
of issuance of the draft or final permit; and
    (3) If the source owner or operator does not submit the monitoring 
in accordance with the compliance schedule as required in paragraph 
(e)(2) of this section or if the permitting authority disapproves the 
monitoring submitted, the source owner or operator shall be deemed not 
in compliance with part 64, unless the source owner or operator 
successfully challenges the disapproval.