[Title 40 CFR 60.11]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart A - General Provisions]
[Sec. 60.11 - Compliance with standards and maintenance requirements.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.11Sec. 60.11PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--General Provisions
Sec. 60.11  Compliance with standards and maintenance requirements.

    (a) Compliance with standards in this part, other than opacity 
standards, shall be determined in accordance with performance tests 
established by Sec. 60.8, unless otherwise specified in the applicable 
standard.
    (b) Compliance with opacity standards in this part shall be 
determined by conducting observations in accordance with Method 9 in 
appendix A of this part, any alternative method that is approved by the 
Administrator, or as provided in paragraph (e)(5) of this section. For 
purposes of determining initial compliance, the minimum total time of 
observations shall be 3 hours (30 6-minute averages) for the performance 
test or other set of observations (meaning those fugitive-type emission 
sources subject only to an opacity standard).
    (c) The opacity standards set forth in this part shall apply at all 
times except during periods of startup, shutdown, malfunction, and as 
otherwise provided in the applicable standard.
    (d) At all times, including periods of startup, shutdown, and 
malfunction, owners and operators shall, to the extent practicable, 
maintain and operate any affected facility including associated air 
pollution control equipment in

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a manner consistent with good air pollution control practice for 
minimizing emissions. Determination of whether acceptable operating and 
maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, opacity observations, review of operating and 
maintenance procedures, and inspection of the source.
    (e)(1) For the purpose of demonstrating initial compliance, opacity 
observations shall be conducted concurrently with the initial 
performance test required in Sec. 60.8 unless one of the following 
conditions apply. If no performance test under Sec. 60.8 is required, 
then opacity observations shall be conducted within 60 days after 
achieving the maximum production rate at which the affected facility 
will be operated but no later than 180 days after initial startup of the 
facility. If visibility or other conditions prevent the opacity 
observations from being conducted concurrently with the initial 
performance test required under Sec. 60.8, the source owner or operator 
shall reschedule the opacity observations as soon after the initial 
performance test as possible, but not later than 30 days thereafter, and 
shall advise the Administrator of the rescheduled date. In these cases, 
the 30-day prior notification to the Administrator required in Sec. 
60.7(a)(6) shall be waived. The rescheduled opacity observations shall 
be conducted (to the extent possible) under the same operating 
conditions that existed during the initial performance test conducted 
under Sec. 60.8. The visible emissions observer shall determine whether 
visibility or other conditions prevent the opacity observations from 
being made concurrently with the initial performance test in accordance 
with procedures contained in Method 9 of appendix B of this part. 
Opacity readings of portions of plumes which contain condensed, 
uncombined water vapor shall not be used for purposes of determing 
compliance with opacity standards. The owner or operator of an affected 
facility shall make available, upon request by the Administrator, such 
records as may be necessary to determine the conditions under which the 
visual observations were made and shall provide evidence indicating 
proof of current visible observer emission certification. Except as 
provided in paragraph (e)(5) of this section, the results of continuous 
monitoring by transmissometer which indicate that the opacity at the 
time visual observations were made was not in excess of the standard are 
probative but not conclusive evidence of the actual opacity of an 
emission, provided that the source shall meet the burden of proving that 
the instrument used meets (at the time of the alleged violation) 
Performance Specification 1 in appendix B of this part, has been 
properly maintained and (at the time of the alleged violation) that the 
resulting data have not been altered in any way.
    (2) Except as provided in paragraph (e)(3) of this section, the 
owner or operator of an affected facility to which an opacity standard 
in this part applies shall conduct opacity observations in accordance 
with paragraph (b) of this section, shall record the opacity of 
emissions, and shall report to the Administrator the opacity results 
along with the results of the initial performance test required under 
Sec. 60.8. The inability of an owner or operator to secure a visible 
emissions observer shall not be considered a reason for not conducting 
the opacity observations concurrent with the initial performance test.
    (3) The owner or operator of an affected facility to which an 
opacity standard in this part applies may request the Administrator to 
determine and to record the opacity of emissions from the affected 
facility during the initial performance test and at such times as may be 
required. The owner or operator of the affected facility shall report 
the opacity results. Any request to the Administrator to determine and 
to record the opacity of emissions from an affected facility shall be 
included in the notification required in Sec. 60.7(a)(6). If, for some 
reason, the Administrator cannot determine and record the opacity of 
emissions from the affected facility during the performance test, then 
the provisions of paragraph (e)(1) of this section shall apply.
    (4) An owner or operator of an affected facility using a continuous 
opacity monitor (transmissometer) shall

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record the monitoring data produced during the initial performance test 
required by Sec. 60.8 and shall furnish the Administrator a written 
report of the monitoring results along with Method 9 and Sec. 60.8 
performance test results.
    (5) An owner or operator of an affected facility subject to an 
opacity standard may submit, for compliance purposes, continuous opacity 
monitoring system (COMS) data results produced during any performance 
test required under Sec. 60.8 in lieu of Method 9 observation data. If 
an owner or operator elects to submit COMS data for compliance with the 
opacity standard, he shall notify the Administrator of that decision, in 
writing, at least 30 days before any performance test required under 
Sec. 60.8 is conducted. Once the owner or operator of an affected 
facility has notified the Administrator to that effect, the COMS data 
results will be used to determine opacity compliance during subsequent 
tests required under Sec. 60.8 until the owner or operator notifies the 
Administrator, in writing, to the contrary. For the purpose of 
determining compliance with the opacity standard during a performance 
test required under Sec. 60.8 using COMS data, the minimum total time 
of COMS data collection shall be averages of all 6-minute continuous 
periods within the duration of the mass emission performance test. 
Results of the COMS opacity determinations shall be submitted along with 
the results of the performance test required under Sec. 60.8. The owner 
or operator of an affected facility using a COMS for compliance purposes 
is responsible for demonstrating that the COMS meets the requirements 
specified in Sec. 60.13(c) of this part, that the COMS has been 
properly maintained and operated, and that the resulting data have not 
been altered in any way. If COMS data results are submitted for 
compliance with the opacity standard for a period of time during which 
Method 9 data indicates noncompliance, the Method 9 data will be used to 
determine compliance with the opacity standard.
    (6) Upon receipt from an owner or operator of the written reports of 
the results of the performance tests required by Sec. 60.8, the opacity 
observation results and observer certification required by Sec. 
60.11(e)(1), and the COMS results, if applicable, the Administrator will 
make a finding concerning compliance with opacity and other applicable 
standards. If COMS data results are used to comply with an opacity 
standard, only those results are required to be submitted along with the 
performance test results required by Sec. 60.8. If the Administrator 
finds that an affected facility is in compliance with all applicable 
standards for which performance tests are conducted in accordance with 
Sec. 60.8 of this part but during the time such performance tests are 
being conducted fails to meet any applicable opacity standard, he shall 
notify the owner or operator and advise him that he may petition the 
Administrator within 10 days of receipt of notification to make 
appropriate adjustment to the opacity standard for the affected 
facility.
    (7) The Administrator will grant such a petition upon a 
demonstration by the owner or operator that the affected facility and 
associated air pollution control equipment was operated and maintained 
in a manner to minimize the opacity of emissions during the performance 
tests; that the performance tests were performed under the conditions 
established by the Administrator; and that the affected facility and 
associated air pollution control equipment were incapable of being 
adjusted or operated to meet the applicable opacity standard.
    (8) The Administrator will establish an opacity standard for the 
affected facility meeting the above requirements at a level at which the 
source will be able, as indicated by the performance and opacity tests, 
to meet the opacity standard at all times during which the source is 
meeting the mass or concentration emission standard. The Administrator 
will promulgate the new opacity standard in the Federal Register.
    (f) Special provisions set forth under an applicable subpart shall 
supersede any conflicting provisions in paragraphs (a) through (e) of 
this section.
    (g) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any standard in this part, nothing in this part

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shall preclude the use, including the exclusive use, of any credible 
evidence or information, relevant to whether a source would have been in 
compliance with applicable requirements if the appropriate performance 
or compliance test or procedure had been performed.

[38 FR 28565, Oct. 15, 1973, as amended at 39 FR 39873, Nov. 12, 1974; 
43 FR 8800, Mar. 3, 1978; 45 FR 23379, Apr. 4, 1980; 48 FR 48335, Oct. 
18, 1983; 50 FR 53113, Dec. 27, 1985; 51 FR 1790, Jan. 15, 1986; 52 FR 
9781, Mar. 26, 1987; 62 FR 8328, Feb. 24, 1997; 65 FR 61749, Oct. 17, 
2000]