40 C.F.R. §§ 60.2949–60.2962

14 sections in range

§60.2949. What records must I keep?

40 C.F.R. § 60.2949

You must maintain the information specified in paragraphs (a) through (r) of this section, as applicable, for a period of at least 5 years.

(a)

Calendar date of each record.

(b)

Records of the data described in paragraphs (b)(1) through (10) of this section.

(1)

The OSWI unit charge dates, times, weights, and total daily charge rates.

(2)

The combustion chamber operating temperature every 15 minutes of operation.

(3)

For each OSWI unit with a wet scrubber, the liquor flow rate to the wet scrubber inlet, pressure drop across the wet scrubber system or amperage to the wet scrubber, and liquor pH at the outlet of the wet scrubber, every 15 minutes of operation.

(4)

For each OSWI unit with a dry scrubber, the injection rate of each sorbent, every 15 minutes of operation.

(5)

For each OSWI unit with an electrostatic precipitator, the secondary voltage, secondary current, and secondary electric power, every 15 minutes of operation.

(6)

For each OSWI unit with a fabric filter, the date, time, and duration of each alarm; the times corrective action was initiated and completed; and a brief description of the cause of the alarm and the corrective action taken. You must also record the percent of the operating time during each 6-month period that the alarm sounds, calculated as specified in § 60.2916(f).

(7)

For OSWI units that establish operating limits for controls under § 60.2917, you must maintain data collected for all operating parameters used to determine compliance with the operating limits.

(8)

For OSWI units that use a carbon monoxide CEMS, all 1-hour average concentrations of carbon monoxide and oxygen.

(9)

All 12-hour rolling average values of carbon monoxide emissions, corrected to 7 percent oxygen (except during periods of startup and shutdown), all 3-hour rolling average values of continuously monitored operating parameters, and total daily charge rates, as applicable.

(10)

Records of the dates, times, and durations of any bypass of the control device.

(c)

Records of the start date and time and duration in hours of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment, and description of the malfunction.

(d)

Records of actions taken during periods of malfunction to minimize emissions in accordance with § 60.11(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.

(e)

Start date, start time, and duration in hours for each period for which monitoring data show a deviation from the carbon monoxide emissions limit in table 1, 1a, or 1b to this subpart, a deviation from the operating limits in table 2 to this subpart, or a deviation from other operating limits established under § 60.2917. Include a description of the deviation, reasons for the deviation, and a description of corrective actions taken. You must record the start date, start time, and duration in hours for each period when all qualified operators were not accessible in accordance with § 60.2911.

(f)

Calendar dates when continuous monitoring systems did not collect the minimum amount of data required under §§ 60.2942 and 60.2945.

(g)

For carbon monoxide continuous emissions monitoring systems, document the results of your annual performance evaluations, daily drift tests and quarterly accuracy determinations according to Procedure 1 of Appendix F to this part.

(h)

Records of the calibration of any monitoring devices required under § 60.2944.

(i)

The results of the initial, annual, and any subsequent performance tests conducted to determine compliance with the emission limits and/or to establish operating limits, as applicable. Retain a copy of the complete test report including calculations and a description of the types of waste burned during the test.

(j)

All documentation produced as a result of the siting requirements of §§ 60.2894 and 60.2895.

(k)

Records showing the names of OSWI unit operators who have completed review of the information in § 60.2910(a) as required by § 60.2910(b), including the date of the initial review and all subsequent annual reviews.

(l)

Records showing the names of the OSWI unit operators who have completed the operator training requirements under § 60.2905, met the criteria for qualification under § 60.2907, and maintained or renewed their qualification under § 60.2908 or § 60.2909. Records must include documentation of training, the dates of the initial and refresher training, and the dates of their qualification and all subsequent renewals of such qualifications.

(m)

For each qualified operator, the phone and/or pager number at which they can be reached during operating hours.

(n)

Equipment vendor specifications and related operation and maintenance requirements for the incinerator, emission controls, and monitoring equipment.

(o)

The information listed in § 60.2910(a).

(p)

If you comply with the substitute means of compliance demonstration requirements in § 60.2929, you must keep the records specified in paragraphs (p)(1) through (4) of this section.

(1)

Copy of the notification submitted to the Administrator that you intend to use the substitute means of compliance demonstration as required in § 60.2929(a)(1).

(2)

Records of the data collected as required in § 60.2929(a)(2).

(3)

Copy of the representative performance test used to demonstrate initial compliance; and

(4)

Documentation of how the test in paragraph (p)(3) of this section is representative of the unit as required in § 60.2929(b)(2).

(q)

If you comply with the continuous compliance requirements of § 60.2932(d), you must keep records of the following elements:

(1)

Start and end times the unit is operated when waste is being combusted.

(2)

Total mass of waste burned for each waste category (i.e., identity and weight of each waste category such as solid waste, food waste, wood or yard waste), summed for each calendar quarter.

(3)

Total mass of waste burned each calendar quarter.

(4)

The amount of waste burned in each waste category as a percentage of total waste burned each calendar quarter.

(5)

Waste profile established under § 60.2916(g).

(6)

Temperature of unit combustion chamber and description of where temperature is measured, as a 3-hour average for each batch operation.

(7)

Charge rate (in tons per day) of each operation.

(8)

For each very small municipal waste combustion unit or institutional waste incineration unit with a capacity less than or equal to 10 tons per day using a wet scrubber, dry scrubber, electrostatic precipitator, or fabric filter, the records specified in paragraphs (b)(3) through (10) of this section, as applicable.

(9)

For each calendar quarter, you must record whether your waste profile meets the requirement in paragraph § 60.2932(d)(1)(iii).

(r)

Copies of any notifications submitted pursuant to §§ 60.2887 and 60.2969.

Notes, amendments, and revision history

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27946, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27946, June 30, 2025]

§60.2950. Where and in what format must I keep my records?

40 C.F.R. § 60.2950

(a)

You must keep each record on site for at least 2 years. You may keep the records off site for the remaining 3 years.

(b)

All records must be available in either paper copy or computer-readable format that can be printed upon request, unless an alternative format is approved by the Administrator.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2951. What reports must I submit?

40 C.F.R. § 60.2951

See table 4 of this subpart for a summary of the reporting requirements.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2952. What must I submit prior to commencing construction?

40 C.F.R. § 60.2952

You must submit a notification prior to commencing construction that includes the five items listed in paragraphs (a) through (e) of this section.

(a)

A statement of intent to construct.

(b)

The anticipated date of commencement of construction.

(c)

All documentation produced as a result of the siting requirements of § 60.2895.

(d)

The waste management plan as specified in §§ 60.2899 through 60.2901.

(e)

Anticipated date of initial startup.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2953. What information must I submit prior to initial startup?

40 C.F.R. § 60.2953

You must submit the information specified in paragraphs (a) through (e) of this section prior to initial startup.

(a)

The type(s) of waste to be burned.

(b)

The maximum design waste burning capacity.

(c)

The anticipated maximum charge rate.

(d)

If applicable, the petition for site-specific operating limits under § 60.2917.

(e)

The anticipated date of initial startup.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2954. What information must I submit following my initial performance test?

40 C.F.R. § 60.2954

Unless you choose to comply with the substitute means of compliance demonstration requirements in § 60.2929, you must submit the information specified in paragraphs (a) and (b) of this section no later than 60 days following the initial performance test. All reports must be signed by the facilities manager.

(a)

The complete test report for the initial performance test results obtained under § 60.2927, as applicable.

(b)

The values for the site-specific operating limits established in § 60.2916 or § 60.2917.

(c)

The waste management plan, as specified in §§ 60.2899 through 60.2901.

Notes, amendments, and revision history

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27947, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27947, June 30, 2025]

§60.2955. When must I submit my annual report?

40 C.F.R. § 60.2955

You must submit an annual report no later than 12 months following the submission of the information in § 60.2954, unless you choose to comply with the substitute means of compliance demonstration requirements in § 60.2929. If you choose to comply with the substitute means of compliance demonstration requirements in § 60.2929, you must submit an annual report no later than 12 months following the submission of the information in § 60.2929(b). You must submit subsequent reports no more than 12 months following the previous report. The permit will address the submittal of annual reports for a unit with an operating permit required under title V of the Clean Air Act.

Notes, amendments, and revision history

Amendments

[90 FR 27947, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[90 FR 27947, June 30, 2025]

§60.2956. What information must I include in my annual report?

40 C.F.R. § 60.2956

The annual report required under § 60.2955 must include the items listed in paragraphs (a) through (k) of this section. If you have a deviation from the operating limits or the emission limitations, you must also submit deviation reports as specified in §§ 60.2957 through 60.2959.

(a)

Company name and address.

(b)

Statement by the owner or operator, with their name, title, and signature, certifying the truth, accuracy, and completeness of the report. Such certifications must also comply with the requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d). If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces this requirement.

(c)

Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI.

(d)

Identification of each OSWI unit, and for each OSWI unit, the parameters monitored and values for the operating limits established pursuant to § 60.2916 or § 60.2917.

(e)

If no deviations from any emission limitation or operating limit that applies to you have occurred during the annual reporting period, a statement that there were no deviations from the emission limitations or operating limits during the reporting period. If you use a CMS to monitor emissions or operating parameters and there were no periods during which any CMS was inoperative, inactive, malfunctioning or out of control, a statement that no monitoring system used to determine compliance with the emission limitations or operating limits was inoperative, inactive, malfunctioning or out of control.

(f)

The highest recorded 12-hour average and the lowest recorded 12-hour average, as applicable, for carbon monoxide emissions if you are using a CEMS to demonstrate continuous compliance and the highest recorded 3-hour average and the lowest recorded 3-hour average, as applicable, for each operating parameter recorded for the calendar year being reported.

(g)

[Reserved]

(h)

If a performance test was conducted during the reporting period, identification of the OSWI unit tested, the pollutant(s) tested, and the date of the performance test. Submit, following the procedure specified in § 60.2961(b), the performance test report no later than the date that you submit the annual report.

(i)

If you met the requirements of § 60.2934(a) or (b) and did not conduct a performance test during the reporting period, you must state that you met the requirements of § 60.2934(a) or (b), and, therefore, you were not required to conduct a performance test during the reporting period.

(j)

The start date, start time, and duration in hours for each period of operation when all qualified OSWI unit operators were unavailable for more than 12 hours, but less than 2 weeks.

(k)

If you are complying with the continuous compliance requirements in § 60.2932(d) and have had no deviations from maintaining the percentage of waste burned in each waste category within ± 15 percent of the percentage established for that waste category for each calendar quarter for the reporting period, and the OSWI unit has been operated within the operating parameter limits established during the representative performance test identified in the information submitted as required in § 60.2929(b) or the performance test conducted by the source using the test methods listed in table 1b to this subpart and the procedures in § 60.2922, a statement that there were no deviations from the percentage of waste burned in each category and the OSWI unit has been operated within the established operating parameter limits.

Notes, amendments, and revision history

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27947, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27947, June 30, 2025]

§60.2957. What other reports must I submit if I have a deviation?

40 C.F.R. § 60.2957

(a)

You must submit a deviation report as specified in paragraphs (a)(1) through (3) of this section:

(1)

If your OSWI unit fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation, operating limit, or operator qualification and accessibility requirements.

(2)

If your OSWI unit fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any unit that meets the requirements in § 60.2885 and is required to obtain such a permit.

(3)

If you deviate from the requirements to have a qualified operator accessible as specified in § 60.2911, you must meet the requirements of § 60.2959.

(b)

The deviation report must be submitted by August 1 of that year for data collected during the first half of the calendar year (January 1 to June 30), and by February 1 of the following year for data you collected during the second half of the calendar year (July 1 to December 31).

Notes, amendments, and revision history

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27948, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[70 FR 74892, Dec. 16, 2005, as amended at 90 FR 27948, June 30, 2025]

§60.2958. What must I include in the deviation report?

40 C.F.R. § 60.2958

In each report required under § 60.2957, you must include the company name and address and the beginning and ending dates for the reporting period. For any pollutant or operating parameter that deviated from the emission limitations, operating limits or other requirement specified in this subpart, or for each CMS that experienced downtime or was out of control, include the items described in paragraphs (a) through (g) of this section, as applicable. If you are complying with the continuous compliance requirements in § 60.2932(d), you must also include the items described in paragraphs (h) and (i) of this section. You must identify the OSWI unit, and as applicable, the CMS, associated with the information required in paragraphs (a) through (i) of this section in your deviation report.

(a)

Identification of the emission limit, operating parameter or other requirement except as provided in paragraphs (h) and (i), from which there was a deviation and the start date, start time, and duration in hours of each deviation.

(b)

For each deviation identified in paragraph (a) of this section, the averaged and recorded data for those date, including, when applicable, the information recorded under § 60.2949(b)(9) and (c) through (e) for the calendar period being reported.

(c)

For each deviation identified in paragraph (a) of this section, the cause of each deviation from the emission limitations, operating limits or other requirement and your corrective actions.

(d)

For each CMS, the start date, start time, duration in hours, and cause for each instance of monitor downtime (other than downtime associated with zero, span, and other routine calibration checks).

(e)

For each CMS, the start date, start time, duration in hours, and corrective action taken for each instance that the monitor is out of control.

(f)

The start date, start time, and duration in hours of any bypass of the control device and your corrective actions.

(g)

For batch OSWI units, the start date, start time, and duration in hours of any deviation from the requirements to have a qualified operator accessible as required in § 60.2911.

(h)

If you are complying with the continuous compliance requirements for OSWI units in § 60.2932(d), you must identify each calendar quarter when your waste profile did not meet the requirements in § 60.2932(d)(1)(iii). For each deviation, you must identify each waste category that did not meet the percentage requirements, the established percentage of total waste burned on a mass basis for that waste category in your waste profile, and the actual percentage of total waste burned on a mass basis for that waste category during the calendar quarter.

(i)

If you are complying with the continuous compliance requirements in § 60.2932(d), for each deviation of an operating parameter limit, identification of the operating parameter from which there was a deviation and the start date, start time, duration in hours, and cause for each deviation from the operating parameter limits established during the representative performance test identified in the information submitted as required in § 60.2929(b) or a performance test of the unit conducted using the test methods listed in table 1b to this subpart and the procedures in § 60.2922 as required in § 60.2927(a) or § 60.2935(b).

Notes, amendments, and revision history

Amendments

[90 FR 27948, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[90 FR 27948, June 30, 2025]

§60.2959. What else must I report if I have a deviation from the requirement to have a qualified operator accessible?

40 C.F.R. § 60.2959

(a)

If all qualified operators are not accessible for 2 weeks or more, you must take the two actions in paragraphs (a)(1) and (2) of this section.

(1)

Submit a notification of the deviation within 10 days that includes the three items in paragraphs (a)(1)(i) through (iii) of this section.

(i)

A statement of what caused the deviation.

(ii)

A description of what you are doing to ensure that a qualified operator is accessible.

(iii)

The date when you anticipate that a qualified operator will be available.

(2)

Submit a status report to EPA every 4 weeks that includes the three items in paragraphs (a)(2)(i) through (iii) of this section.

(i)

A description of what you are doing to ensure that a qualified operator is accessible.

(ii)

The date when you anticipate that a qualified operator will be accessible.

(iii)

Request approval from EPA to continue operation of the OSWI unit.

(b)

If your unit was shut down by EPA, under the provisions of § 60.2911(c)(2), due to a failure to provide an accessible qualified operator, you must notify EPA that you are resuming operation once a qualified operator is accessible.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2960. Are there any other notifications or reports that I must submit?

40 C.F.R. § 60.2960

Yes, you must submit notifications as provided by § 60.7.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

§60.2961. In what form can I submit my reports?

40 C.F.R. § 60.2961

(a)

You must submit annual and deviation reports electronically or in paper format, postmarked on or before the submittal due dates. Beginning on June 30, 2026, or once the report template for this subpart has been available on the Compliance and Emissions Data Reporting Interface (CEDRI) website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for one year, whichever date is later, you must submit all subsequent annual compliance reports and deviation reports using the appropriate electronic report template on the CEDRI website for this subpart and following the procedure specified in paragraph (c) of this section. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted.

(b)

Beginning on December 29, 2025, within 60 days after the date of completing each performance test or CEMS performance evaluation that includes a relative accuracy test audit (RATA) required by this subpart, you must submit the results following the procedures specified in paragraph (c) of this section. You must submit the report in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) accompanied by the other information required by § 60.8(f)(2) in portable document format (PDF). If your performance test consists solely of opacity measurements, the results do not need to be submitted in the format generated by the ERT. Instead, you may submit a PDF of the results of the opacity measurements to the EPA via CEDRI.

(c)

If you are required to submit reports following the procedure specified in this paragraph (c), you must submit reports to the EPA via CEDRI, which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information in the report, you must submit a complete file in the format specified in this subpart, including information claimed to be CBI, to the EPA following the procedures in paragraphs (c)(1) and (2) of this section. Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described earlier in this paragraph (c).

(1)

The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address [email protected], and as described above, should include clear CBI markings. ERT files should be flagged to the attention of the Group Leader, Measurement Policy Group; all other files should be flagged to the attention of the Other Solid Waste Incinerator Units Sector Lead. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email [email protected] to request a file transfer link.

(2)

If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: U.S. EPA, Attn: OAQPS Document Control Officer, Mail Drop: C404-02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711. In addition to the OAQPS Document Control Officer, ERT files should also be sent to the attention of the Group Leader, Measurement Policy Group, and all other files should also be sent to the attention of the Other Solid Waste Incinerator Units Sector Lead. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope.

(d)

If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (d)(1) through (7) of this section.

(1)

You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.

(2)

The outage must have occurred within the period beginning five business days prior to the date that the submission is due.

(3)

The outage may be planned or unplanned.

(4)

You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.

(5)

You must provide to the Administrator a written description identifying:

(i)

The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;

(ii)

A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;

(iii)

A description of measures taken or to be taken to minimize the delay in reporting; and

(iv)

The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(6)

The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(7)

In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.

(e)

If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (e)(1) through (5) of this section.

(1)

You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).

(2)

(3)

You must provide to the Administrator:

(i)

A written description of the force majeure event;

(ii)

A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;

(iii)

A description of measures taken or to be taken to minimize the delay in reporting; and

(iv)

The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.

(4)

The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.

(5)

In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs.

Notes, amendments, and revision history

Amendments

[90 FR 27948, June 30, 2025]

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

Amendments

[90 FR 27948, June 30, 2025]

§60.2962. Can reporting dates be changed?

40 C.F.R. § 60.2962

If the Administrator agrees, you may change the semiannual or annual reporting dates. See § 60.19(c) for procedures to seek approval to change your reporting date.

Notes, amendments, and revision history

Source

Source: 70 FR 74892, Dec. 16, 2005, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.

Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.