[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.10]

[Page 53-61]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
 
                      Subpart A_General Provisions
 
Sec.  63.10  Recordkeeping and reporting requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec.  63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a report that contains all the information 
required in a report listed in this section, an owner or operator may 
send the Administrator a copy of the report sent to the State to satisfy 
the requirements of this section for that report.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce recordkeeping and reporting requirements established under 
this part, the owner or operator of an affected source in such State 
subject to such requirements shall submit reports to the appropriate 
Regional Office of the EPA (to the attention of the Director of the 
Division indicated in the list of the EPA Regional Offices in Sec.  
63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce recordkeeping and reporting requirements established under this 
part, the owner or operator of an affected source in such State subject 
to such requirements shall submit reports to the delegated State 
authority (which may be the same as the permitting authority). In 
addition, if the delegated (permitting) authority is the State, the 
owner or operator shall send a copy of each report submitted to the 
State to the appropriate Regional Office of the EPA, as specified in 
paragraph (a)(4)(i) of this section. The Regional Office may waive this 
requirement for any reports at its discretion.
    (5) If an owner or operator of an affected source in a State with 
delegated authority is required to submit periodic reports under this 
part to the State, and if the State has an established timeline for the 
submission of periodic reports that is consistent with the reporting 
frequency(ies) specified for such source under this part, the owner or 
operator may change the dates by which periodic reports under this part 
shall be submitted (without changing the frequency of reporting) to be 
consistent with the State's schedule by mutual agreement between the 
owner or operator and the State. For each relevant standard established 
pursuant to section 112 of the Act, the allowance in the previous 
sentence applies in each State beginning 1 year after the affected 
source's compliance date for that standard. Procedures governing the 
implementation of this provision are specified in Sec.  63.9(i).
    (6) If an owner or operator supervises one or more stationary 
sources affected by more than one standard established pursuant to 
section 112 of the Act, he/she may arrange by mutual agreement between 
the owner or operator and the Administrator (or the State permitting 
authority) a common schedule on which periodic reports required for each 
source shall be submitted throughout the year. The allowance in the 
previous sentence applies in each State beginning 1 year after the 
latest compliance date for any relevant standard established pursuant to 
section 112 of the Act for any such affected source(s). Procedures 
governing the implementation of this provision are specified in Sec.  
63.9(i).
    (7) If an owner or operator supervises one or more stationary 
sources affected by standards established pursuant to section 112 of the 
Act (as amended November 15, 1990) and standards set

[[Page 54]]

under part 60, part 61, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State permitting authority) a common schedule on 
which periodic reports required by each relevant (i.e., applicable) 
standard shall be submitted throughout the year. The allowance in the 
previous sentence applies in each State beginning 1 year after the 
stationary source is required to be in compliance with the relevant 
section 112 standard, or 1 year after the stationary source is required 
to be in compliance with the applicable part 60 or part 61 standard, 
whichever is latest. Procedures governing the implementation of this 
provision are specified in Sec.  63.9(i).
    (b) General recordkeeping requirements. (1) The owner or operator of 
an affected source subject to the provisions of this part shall maintain 
files of all information (including all reports and notifications) 
required by this part recorded in a form suitable and readily available 
for expeditious inspection and review. The files shall be retained for 
at least 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record. At a minimum, the 
most recent 2 years of data shall be retained on site. The remaining 3 
years of data may be retained off site. Such files may be maintained on 
microfilm, on a computer, on computer floppy disks, on magnetic tape 
disks, or on microfiche.
    (2) The owner or operator of an affected source subject to the 
provisions of this part shall maintain relevant records for such source 
of--
    (i) The occurrence and duration of each startup or shutdown when the 
startup or shutdown causes the source to exceed any applicable emission 
limitation in the relevant emission standards;
    (ii) The occurrence and duration of each malfunction of operation 
(i.e., process equipment) or the required air pollution control and 
monitoring equipment;
    (iii) All required maintenance performed on the air pollution 
control and monitoring equipment;
    (iv)(A) Actions taken during periods of startup or shutdown when the 
source exceeded applicable emission limitations in a relevant standard 
and when the actions taken are different from the procedures specified 
in the affected source's startup, shutdown, and malfunction plan (see 
Sec.  63.6(e)(3)); or
    (B) Actions taken during periods of malfunction (including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation) when the actions taken are different from the procedures 
specified in the affected source's startup, shutdown, and malfunction 
plan (see Sec.  63.6(e)(3));
    (v) All information necessary, including actions taken, to 
demonstrate conformance with the affected source's startup, shutdown, 
and malfunction plan (see Sec.  63.6(e)(3)) when all actions taken 
during periods of startup or shutdown (and the startup or shutdown 
causes the source to exceed any applicable emission limitation in the 
relevant emission standards), and malfunction (including corrective 
actions to restore malfunctioning process and air pollution control and 
monitoring equipment to its normal or usual manner of operation) are 
consistent with the procedures specified in such plan. (The information 
needed to demonstrate conformance with the startup, shutdown, and 
malfunction plan may be recorded using a ``checklist,'' or some other 
effective form of recordkeeping, in order to minimize the recordkeeping 
burden for conforming events);
    (vi) Each period during which a CMS is malfunctioning or inoperative 
(including out-of-control periods);
    (vii) All required measurements needed to demonstrate compliance 
with a relevant standard (including, but not limited to, 15-minute 
averages of CMS data, raw performance testing measurements, and raw 
performance evaluation measurements, that support data that the source 
is required to report);
    (A) This paragraph applies to owners or operators required to 
install a continuous emissions monitoring system (CEMS) where the CEMS 
installed is automated, and where the calculated data averages do not 
exclude periods of CEMS breakdown or malfunction. An

[[Page 55]]

automated CEMS records and reduces the measured data to the form of the 
pollutant emission standard through the use of a computerized data 
acquisition system. In lieu of maintaining a file of all CEMS subhourly 
measurements as required under paragraph (b)(2)(vii) of this section, 
the owner or operator shall retain the most recent consecutive three 
averaging periods of subhourly measurements and a file that contains a 
hard copy of the data acquisition system algorithm used to reduce the 
measured data into the reportable form of the standard.
    (B) This paragraph applies to owners or operators required to 
install a CEMS where the measured data is manually reduced to obtain the 
reportable form of the standard, and where the calculated data averages 
do not exclude periods of CEMS breakdown or malfunction. In lieu of 
maintaining a file of all CEMS subhourly measurements as required under 
paragraph (b)(2)(vii) of this section, the owner or operator shall 
retain all subhourly measurements for the most recent reporting period. 
The subhourly measurements shall be retained for 120 days from the date 
of the most recent summary or excess emission report submitted to the 
Administrator.
    (C) The Administrator or delegated authority, upon notification to 
the source, may require the owner or operator to maintain all 
measurements as required by paragraph (b)(2)(vii), if the administrator 
or the delegated authority determines these records are required to more 
accurately assess the compliance status of the affected source.
    (viii) All results of performance tests, CMS performance 
evaluations, and opacity and visible emission observations;
    (ix) All measurements as may be necessary to determine the 
conditions of performance tests and performance evaluations;
    (x) All CMS calibration checks;
    (xi) All adjustments and maintenance performed on CMS;
    (xii) Any information demonstrating whether a source is meeting the 
requirements for a waiver of recordkeeping or reporting requirements 
under this part, if the source has been granted a waiver under paragraph 
(f) of this section;
    (xiii) All emission levels relative to the criterion for obtaining 
permission to use an alternative to the relative accuracy test, if the 
source has been granted such permission under Sec.  63.8(f)(6); and
    (xiv) All documentation supporting initial notifications and 
notifications of compliance status under Sec.  63.9.
    (3) Recordkeeping requirement for applicability determinations. If 
an owner or operator determines that his or her stationary source that 
emits (or has the potential to emit, without considering controls) one 
or more hazardous air pollutants regulated by any standard established 
pursuant to section 112(d) or (f), and that stationary source is in the 
source category regulated by the relevant standard, but that source is 
not subject to the relevant standard (or other requirement established 
under this part) because of limitations on the source's potential to 
emit or an exclusion, the owner or operator must keep a record of the 
applicability determination on site at the source for a period of 5 
years after the determination, or until the source changes its 
operations to become an affected source, whichever comes first. The 
record of the applicability determination must be signed by the person 
making the determination and include an analysis (or other information) 
that demonstrates why the owner or operator believes the source is 
unaffected (e.g., because the source is an area source). The analysis 
(or other information) must be sufficiently detailed to allow the 
Administrator to make a finding about the source's applicability status 
with regard to the relevant standard or other requirement. If relevant, 
the analysis must be performed in accordance with requirements 
established in relevant subparts of this part for this purpose for 
particular categories of stationary sources. If relevant, the analysis 
should be performed in accordance with EPA guidance materials published 
to assist sources in making applicability determinations under section 
112, if any. The requirements to determine applicability of a standard 
under Sec.  63.1(b)(3) and to record the results of that determination 
under paragraph

[[Page 56]]

(b)(3) of this section shall not by themselves create an obligation for 
the owner or operator to obtain a title V permit.
    (c) Additional recordkeeping requirements for sources with 
continuous monitoring systems. In addition to complying with the 
requirements specified in paragraphs (b)(1) and (b)(2) of this section, 
the owner or operator of an affected source required to install a CMS by 
a relevant standard shall maintain records for such source of--
    (1) All required CMS measurements (including monitoring data 
recorded during unavoidable CMS breakdowns and out-of-control periods);
    (2)-(4) [Reserved]
    (5) The date and time identifying each period during which the CMS 
was inoperative except for zero (low-level) and high-level checks;
    (6) The date and time identifying each period during which the CMS 
was out of control, as defined in Sec.  63.8(c)(7);
    (7) The specific identification (i.e., the date and time of 
commencement and completion) of each period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during startups, shutdowns, and malfunctions of 
the affected source;
    (8) The specific identification (i.e., the date and time of 
commencement and completion) of each time period of excess emissions and 
parameter monitoring exceedances, as defined in the relevant 
standard(s), that occurs during periods other than startups, shutdowns, 
and malfunctions of the affected source;
    (9) [Reserved]
    (10) The nature and cause of any malfunction (if known);
    (11) The corrective action taken or preventive measures adopted;
    (12) The nature of the repairs or adjustments to the CMS that was 
inoperative or out of control;
    (13) The total process operating time during the reporting period; 
and
    (14) All procedures that are part of a quality control program 
developed and implemented for CMS under Sec.  63.8(d).
    (15) In order to satisfy the requirements of paragraphs (c)(10) 
through (c)(12) of this section and to avoid duplicative recordkeeping 
efforts, the owner or operator may use the affected source's startup, 
shutdown, and malfunction plan or records kept to satisfy the 
recordkeeping requirements of the startup, shutdown, and malfunction 
plan specified in Sec.  63.6(e), provided that such plan and records 
adequately address the requirements of paragraphs (c)(10) through 
(c)(12).
    (d) General reporting requirements. (1) Notwithstanding the 
requirements in this paragraph or paragraph (e) of this section, and 
except as provided in Sec.  63.16, the owner or operator of an affected 
source subject to reporting requirements under this part shall submit 
reports to the Administrator in accordance with the reporting 
requirements in the relevant standard(s).
    (2) Reporting results of performance tests. Before a title V permit 
has been issued to the owner or operator of an affected source, the 
owner or operator shall report the results of any performance test under 
Sec.  63.7 to the Administrator. After a title V permit has been issued 
to the owner or operator of an affected source, the owner or operator 
shall report the results of a required performance test to the 
appropriate permitting authority. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator (or the State with an approved permit program) before the 
close of business on the 60th day following the completion of the 
performance test, unless specified otherwise in a relevant standard or 
as approved otherwise in writing by the Administrator. The results of 
the performance test shall be submitted as part of the notification of 
compliance status required under Sec.  63.9(h).
    (3) Reporting results of opacity or visible emission observations. 
The owner or operator of an affected source required to conduct opacity 
or visible emission observations by a relevant standard shall report the 
opacity or visible emission results (produced using Test Method 9 or 
Test Method 22, or an alternative to these test methods) along with the 
results of the performance test required under Sec.  63.7. If no 
performance test is required, or if visibility or other conditions 
prevent the opacity or visible emission observations from being 
conducted concurrently with the

[[Page 57]]

performance test required under Sec.  63.7, the owner or operator shall 
report the opacity or visible emission results before the close of 
business on the 30th day following the completion of the opacity or 
visible emission observations.
    (4) Progress reports. The owner or operator of an affected source 
who is required to submit progress reports as a condition of receiving 
an extension of compliance under Sec.  63.6(i) shall submit such reports 
to the Administrator (or the State with an approved permit program) by 
the dates specified in the written extension of compliance.
    (5)(i) Periodic startup, shutdown, and malfunction reports. If 
actions taken by an owner or operator during a startup or shutdown (and 
the startup or shutdown causes the source to exceed any applicable 
emission limitation in the relevant emission standards), or malfunction 
of an affected source (including actions taken to correct a malfunction) 
are consistent with the procedures specified in the source's startup, 
shutdown, and malfunction plan (see Sec.  63.6(e)(3)), the owner or 
operator shall state such information in a startup, shutdown, and 
malfunction report. Actions taken to minimize emissions during such 
startups, shutdowns, and malfunctions shall be summarized in the report 
and may be done in checklist form; if actions taken are the same for 
each event, only one checklist is necessary. Such a report shall also 
include the number, duration, and a brief description for each type of 
malfunction which occurred during the reporting period and which caused 
or may have caused any applicable emission limitation to be exceeded. 
Reports shall only be required if a startup or shutdown caused the 
source to exceed any applicable emission limitation in the relevant 
emission standards, or if a malfunction occurred during the reporting 
period. The startup, shutdown, and malfunction report shall consist of a 
letter, containing the name, title, and signature of the owner or 
operator or other responsible official who is certifying its accuracy, 
that shall be submitted to the Administrator semiannually (or on a more 
frequent basis if specified otherwise in a relevant standard or as 
established otherwise by the permitting authority in the source's title 
V permit). The startup, shutdown, and malfunction report shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half (or other calendar reporting period, as appropriate). If 
the owner or operator is required to submit excess emissions and 
continuous monitoring system performance (or other periodic) reports 
under this part, the startup, shutdown, and malfunction reports required 
under this paragraph may be submitted simultaneously with the excess 
emissions and continuous monitoring system performance (or other) 
reports. If startup, shutdown, and malfunction reports are submitted 
with excess emissions and continuous monitoring system performance (or 
other periodic) reports, and the owner or operator receives approval to 
reduce the frequency of reporting for the latter under paragraph (e) of 
this section, the frequency of reporting for the startup, shutdown, and 
malfunction reports also may be reduced if the Administrator does not 
object to the intended change. The procedures to implement the allowance 
in the preceding sentence shall be the same as the procedures specified 
in paragraph (e)(3) of this section.
    (ii) Immediate startup, shutdown, and malfunction reports. 
Notwithstanding the allowance to reduce the frequency of reporting for 
periodic startup, shutdown, and malfunction reports under paragraph 
(d)(5)(i) of this section, any time an action taken by an owner or 
operator during a startup or shutdown that caused the source to exceed 
any applicable emission limitation in the relevant emission standards, 
or malfunction (including actions taken to correct a malfunction) is not 
consistent with the procedures specified in the affected source's 
startup, shutdown, and malfunction plan, the owner or operator shall 
report the actions taken for that event within 2 working days after 
commencing actions inconsistent with the plan followed by a letter 
within 7 working days after the end of the event. The immediate report 
required under this paragraph (d)(5)(ii) shall consist of a telephone 
call (or facsimile (FAX) transmission) to the Administrator within 2 
working days after commencing actions inconsistent

[[Page 58]]

with the plan, and it shall be followed by a letter, delivered or 
postmarked within 7 working days after the end of the event, that 
contains the name, title, and signature of the owner or operator or 
other responsible official who is certifying its accuracy, explaining 
the circumstances of the event, the reasons for not following the 
startup, shutdown, and malfunction plan, describing all excess emissions 
and/or parameter monitoring exceedances which are believed to have 
occurred (or could have occurred in the case of malfunctions), and 
actions taken to minimize emissions in conformance with Sec.  
63.6(e)(1)(i). Notwithstanding the requirements of the previous 
sentence, after the effective date of an approved permit program in the 
State in which an affected source is located, the owner or operator may 
make alternative reporting arrangements, in advance, with the permitting 
authority in that State. Procedures governing the arrangement of 
alternative reporting requirements under this paragraph (d)(5)(ii) are 
specified in Sec.  63.9(i).
    (e) Additional reporting requirements for sources with continuous 
monitoring systems--(1) General. When more than one CEMS is used to 
measure the emissions from one affected source (e.g., multiple 
breechings, multiple outlets), the owner or operator shall report the 
results as required for each CEMS.
    (2) Reporting results of continuous monitoring system performance 
evaluations. (i) The owner or operator of an affected source required to 
install a CMS by a relevant standard shall furnish the Administrator a 
copy of a written report of the results of the CMS performance 
evaluation, as required under Sec.  63.8(e), simultaneously with the 
results of the performance test required under Sec.  63.7, unless 
otherwise specified in the relevant standard.
    (ii) The owner or operator of an affected source using a COMS to 
determine opacity compliance during any performance test required under 
Sec.  63.7 and described in Sec.  63.6(d)(6) shall furnish the 
Administrator two or, upon request, three copies of a written report of 
the results of the COMS performance evaluation conducted under Sec.  
63.8(e). The copies shall be furnished at least 15 calendar days before 
the performance test required under Sec.  63.7 is conducted.
    (3) Excess emissions and continuous monitoring system performance 
report and summary report. (i) Excess emissions and parameter monitoring 
exceedances are defined in relevant standards. The owner or operator of 
an affected source required to install a CMS by a relevant standard 
shall submit an excess emissions and continuous monitoring system 
performance report and/or a summary report to the Administrator 
semiannually, except when--
    (A) More frequent reporting is specifically required by a relevant 
standard;
    (B) The Administrator determines on a case-by-case basis that more 
frequent reporting is necessary to accurately assess the compliance 
status of the source; or
    (C) [Reserved]
    (D) The affected source is complying with the Performance Track 
Provisions of Sec.  63.16, which allows less frequent reporting.
    (ii) Request to reduce frequency of excess emissions and continuous 
monitoring system performance reports. Notwithstanding the frequency of 
reporting requirements specified in paragraph (e)(3)(i) of this section, 
an owner or operator who is required by a relevant standard to submit 
excess emissions and continuous monitoring system performance (and 
summary) reports on a quarterly (or more frequent) basis may reduce the 
frequency of reporting for that standard to semiannual if the following 
conditions are met:
    (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting 
periods) the affected source's excess emissions and continuous 
monitoring system performance reports continually demonstrate that the 
source is in compliance with the relevant standard;
    (B) The owner or operator continues to comply with all recordkeeping 
and monitoring requirements specified in this subpart and the relevant 
standard; and
    (C) The Administrator does not object to a reduced frequency of 
reporting for the affected source, as provided in paragraph (e)(3)(iii) 
of this section.

[[Page 59]]

    (iii) The frequency of reporting of excess emissions and continuous 
monitoring system performance (and summary) reports required to comply 
with a relevant standard may be reduced only after the owner or operator 
notifies the Administrator in writing of his or her intention to make 
such a change and the Administrator does not object to the intended 
change. In deciding whether to approve a reduced frequency of reporting, 
the Administrator may review information concerning the source's entire 
previous performance history during the 5-year recordkeeping period 
prior to the intended change, including performance test results, 
monitoring data, and evaluations of an owner or operator's conformance 
with operation and maintenance requirements. Such information may be 
used by the Administrator to make a judgment about the source's 
potential for noncompliance in the future. If the Administrator 
disapproves the owner or operator's request to reduce the frequency of 
reporting, the Administrator will notify the owner or operator in 
writing within 45 days after receiving notice of the owner or operator's 
intention. The notification from the Administrator to the owner or 
operator will specify the grounds on which the disapproval is based. In 
the absence of a notice of disapproval within 45 days, approval is 
automatically granted.
    (iv) As soon as CMS data indicate that the source is not in 
compliance with any emission limitation or operating parameter specified 
in the relevant standard, the frequency of reporting shall revert to the 
frequency specified in the relevant standard, and the owner or operator 
shall submit an excess emissions and continuous monitoring system 
performance (and summary) report for the noncomplying emission points at 
the next appropriate reporting period following the noncomplying event. 
After demonstrating ongoing compliance with the relevant standard for 
another full year, the owner or operator may again request approval from 
the Administrator to reduce the frequency of reporting for that 
standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of 
this section.
    (v) Content and submittal dates for excess emissions and monitoring 
system performance reports. All excess emissions and monitoring system 
performance reports and all summary reports, if required, shall be 
delivered or postmarked by the 30th day following the end of each 
calendar half or quarter, as appropriate. Written reports of excess 
emissions or exceedances of process or control system parameters shall 
include all the information required in paragraphs (c)(5) through 
(c)(13) of this section, in Sec.  63.8(c)(7) and Sec.  63.8(c)(8), and 
in the relevant standard, and they shall contain the name, title, and 
signature of the responsible official who is certifying the accuracy of 
the report. When no excess emissions or exceedances of a parameter have 
occurred, or a CMS has not been inoperative, out of control, repaired, 
or adjusted, such information shall be stated in the report.
    (vi) Summary report. As required under paragraphs (e)(3)(vii) and 
(e)(3)(viii) of this section, one summary report shall be submitted for 
the hazardous air pollutants monitored at each affected source (unless 
the relevant standard specifies that more than one summary report is 
required, e.g., one summary report for each hazardous air pollutant 
monitored). The summary report shall be entitled ``Summary Report--
Gaseous and Opacity Excess Emission and Continuous Monitoring System 
Performance'' and shall contain the following information:
    (A) The company name and address of the affected source;
    (B) An identification of each hazardous air pollutant monitored at 
the affected source;
    (C) The beginning and ending dates of the reporting period;
    (D) A brief description of the process units;
    (E) The emission and operating parameter limitations specified in 
the relevant standard(s);
    (F) The monitoring equipment manufacturer(s) and model number(s);
    (G) The date of the latest CMS certification or audit;
    (H) The total operating time of the affected source during the 
reporting period;

[[Page 60]]

    (I) An emission data summary (or similar summary if the owner or 
operator monitors control system parameters), including the total 
duration of excess emissions during the reporting period (recorded in 
minutes for opacity and hours for gases), the total duration of excess 
emissions expressed as a percent of the total source operating time 
during that reporting period, and a breakdown of the total duration of 
excess emissions during the reporting period into those that are due to 
startup/shutdown, control equipment problems, process problems, other 
known causes, and other unknown causes;
    (J) A CMS performance summary (or similar summary if the owner or 
operator monitors control system parameters), including the total CMS 
downtime during the reporting period (recorded in minutes for opacity 
and hours for gases), the total duration of CMS downtime expressed as a 
percent of the total source operating time during that reporting period, 
and a breakdown of the total CMS downtime during the reporting period 
into periods that are due to monitoring equipment malfunctions, 
nonmonitoring equipment malfunctions, quality assurance/quality control 
calibrations, other known causes, and other unknown causes;
    (K) A description of any changes in CMS, processes, or controls 
since the last reporting period;
    (L) The name, title, and signature of the responsible official who 
is certifying the accuracy of the report; and
    (M) The date of the report.
    (vii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is less 
than 1 percent of the total operating time for the reporting period, and 
CMS downtime for the reporting period is less than 5 percent of the 
total operating time for the reporting period, only the summary report 
shall be submitted, and the full excess emissions and continuous 
monitoring system performance report need not be submitted unless 
required by the Administrator.
    (viii) If the total duration of excess emissions or process or 
control system parameter exceedances for the reporting period is 1 
percent or greater of the total operating time for the reporting period, 
or the total CMS downtime for the reporting period is 5 percent or 
greater of the total operating time for the reporting period, both the 
summary report and the excess emissions and continuous monitoring system 
performance report shall be submitted.
    (4) Reporting continuous opacity monitoring system data produced 
during a performance test. The owner or operator of an affected source 
required to use a COMS shall record the monitoring data produced during 
a performance test required under Sec.  63.7 and shall furnish the 
Administrator a written report of the monitoring results. The report of 
COMS data shall be submitted simultaneously with the report of the 
performance test results required in paragraph (d)(2) of this section.
    (f) Waiver of recordkeeping or reporting requirements. (1) Until a 
waiver of a recordkeeping or reporting requirement has been granted by 
the Administrator under this paragraph, the owner or operator of an 
affected source remains subject to the requirements of this section.
    (2) Recordkeeping or reporting requirements may be waived upon 
written application to the Administrator if, in the Administrator's 
judgment, the affected source is achieving the relevant standard(s), or 
the source is operating under an extension of compliance, or the owner 
or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) If an application for a waiver of recordkeeping or reporting is 
made, the application shall accompany the request for an extension of 
compliance under Sec.  63.6(i), any required compliance progress report 
or compliance status report required under this part (such as under 
Sec.  63.6(i) and Sec.  63.9(h)) or in the source's title V permit, or 
an excess emissions and continuous monitoring system performance report 
required under paragraph (e) of this section, whichever is applicable. 
The application shall include whatever information the owner or operator 
considers useful to convince the Administrator that a waiver of 
recordkeeping or reporting is warranted.

[[Page 61]]

    (4) The Administrator will approve or deny a request for a waiver of 
recordkeeping or reporting requirements under this paragraph when he/
she--
    (i) Approves or denies an extension of compliance; or
    (ii) Makes a determination of compliance following the submission of 
a required compliance status report or excess emissions and continuous 
monitoring systems performance report; or
    (iii) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) A waiver of any recordkeeping or reporting requirement granted 
under this paragraph may be conditioned on other recordkeeping or 
reporting requirements deemed necessary by the Administrator.
    (6) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 
2004; 71 FR 20455, Apr. 20, 2006]