Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · CFR · Title 40 — Protection of Environment · Part 62 · § 62.16005

§ 62.16005. How do I demonstrate continuous compliance with my operating limits?

496 words·~2 min read·/us/cfr/t40/s§ 62.16005·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

You must continuously monitor your operating parameters as specified in paragraph
(a)of this section and meet the requirements of paragraphs
(b)and
(c)of this section, according to the monitoring and calibration requirements in § 62.16020. You must confirm and re-establish your operating limits as specified in paragraph
(d)of this section.
(a)You must continuously monitor the operating parameters specified in paragraphs (a)(1) and
(2)of this section using the continuous monitoring equipment and according to the procedures specified in § 62.16020 or established in § 62.15965. To determine compliance, you must use the data averaging period specified in Table 4 to this subpart (except for alarm time of the baghouse leak detection system) unless a different averaging period is established under § 62.15965.
(1)You must demonstrate that the SSI unit meets the operating limits established according to §§ 62.15965 and 62.15985 and paragraph
(d)of this section for each applicable operating parameter.
(2)You must demonstrate that the SSI unit meets the operating limit for bag leak detection systems as follows:
(i)For a bag leak detection system, you must calculate the alarm time as follows:
(A)If inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted.
(B)If corrective action is required, each alarm time shall be counted as a minimum of 1 hour.
(C)If you take longer than 1 hour to initiate corrective action, each alarm time (i.e., time that the alarm sounds) is counted as the actual amount of time taken by you to initiate corrective action.
(ii)Your maximum alarm time is equal to 5-percent of the operating time during a 6-month period, as specified in § 62.15960(c).
(b)Operation above the established maximum, below the established minimum, or outside the allowable range of the operating limits specified in paragraph
(a)of this section constitutes a deviation from your operating limits established under this subpart, except during performance tests conducted to determine compliance with the emission and operating limits or to establish new operating limits. You must submit the deviation report specified in § 62.16030(d) for each instance that you did not meet one of your operating limits established under this subpart.
(c)You must submit the annual compliance report specified in § 62.16030(c) to demonstrate continuous compliance.
(d)You must confirm your operating limits according to paragraph (d)(1) of this section or re-establish operating limits according to paragraph (d)(2) of this section. Your operating limits must be established so as to assure ongoing compliance with the emission limits. These requirements also apply to your operating requirements in your fugitive emissions monitoring plan specified in § 62.15960(d).
(1)Your operating limits must be based on operating data recorded during any performance test required in § 62.16000(a) or any performance evaluation required in § 62.16000(b)(4).
(2)You may conduct a repeat performance test at any time to establish new values for the operating limits to apply from that point forward.
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.