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Notes

40 C.F.R. §§ 60.3052–60.3054

3 sections in range

§60.3052. What other reports must I submit if I have a deviation?

40 C.F.R. § 60.3052

(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 § 60.2991 and is required to obtain such a permit.
(3)
If you deviate from the requirements to have a qualified operator accessible as specified in § 60.3020, you must meet the requirements of § 60.3054.
(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 74907, Dec. 16, 2005, as amended at 90 FR 27964, June 30, 2025]

Source

Source: 70 FR 74907, 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 74907, Dec. 16, 2005, as amended at 90 FR 27964, June 30, 2025]

§60.3053. What must I include in the deviation report?

40 C.F.R. § 60.3053

In each report required under § 60.3052, 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 § 60.3033(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) of this section, 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 dates, including, when applicable, the information recorded under § 60.3046(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 § 60.3014.
(h)
If you are complying with the continuous compliance requirements in § 60.3033(d), you must identify each calendar quarter when your waste profile did not meet the requirements in § 60.3033(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 § 60.3033(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 § 60.3032(b) or a performance test of the unit conducted using the test methods listed in table 2a to this subpart and the procedures in § 60.3027 as required in § 60.3030(d) or § 60.3036(b).
Notes, amendments, and revision history

Amendments

[90 FR 27964, June 30, 2025]

Source

Source: 70 FR 74907, 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 27964, June 30, 2025]

§60.3054. What else must I report if I have a deviation from the requirement to have a qualified operator accessible?

40 C.F.R. § 60.3054

(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 § 60.3020(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 74907, 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.