[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.177]

[Page 140-141]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
  Subpart O_National Emission Standard for Inorganic Arsenic Emissions 
                      From Primary Copper Smelters
 
Sec. 61.177  Reporting requirements.

    (a) Each owner or operator subject to the provisions of Sec. 
61.172(c) shall:
    (1) Provide the Administrator 30 days prior notice of the emission 
test required in Sec. 61.174(a) to afford the Administrator the 
opportunity to have an observer present; and
    (2) Submit to the Administrator a written report of the results of 
the emission test required in Sec. 61.174(a) within 60 days after 
conducting the test.
    (b) Each owner or operator subject to the provisions of Sec. 
61.175(a) shall provide the Administrator at least 30 days prior notice 
of each reference opacity level determination required in Sec. 
61.175(c) to afford the Administrator the opportunity to have an 
observer present.
    (c) Each owner or opertor subject to the provisions of Sec. 
61.175(a) shall submit to the Administrator:
    (1) Within 60 days after conducting the evaluation required in Sec. 
61.175(a)(1), a written report of the continuous monitoring system 
evaluation;
    (2) Within 30 days after establishing the reference opacity level 
required in Sec. 61.175(c), a written report of the reference opacity 
level. The report shall also include the opacity data used and the 
calculations performed to determine the reference opacity level, and 
sufficient documentation to show that process and emission control 
equipment were operating normally during the reference opacity level 
determination; and
    (3) A written report each quarter of each occurrence of excess 
opacity during the quarter. For purposes of this paragraph, an 
occurrence of excess opacity is any 1-hour period during which the 
average opacity, as measured by the continuous monitoring system, 
exceeds the reference opacity level established under Sec. 61.175(c).
    (d) The owner or operator subject to the provisions of Sec. 
61.175(g) shall submit to the Administrator:
    (1) A written report of the reference air flow rate within 30 days 
after establishing the reference air flow rates required in Sec. 
61.175(g);
    (2) A written report each quarter of all air flow rates monitored 
during the preceding 3-month period that are less than 80 percent of the 
corresponding reference flow rate established for each converter 
operating mode; and
    (3) A written report each quarter of any changes in the operating 
conditions of the emission capture system, emission control device, or 
the building housing the converters that might increase fugitive 
emissions.
    (e) All quarterly reports shall be postmarked by the 30th day 
following the end of each 3-month period and shall include the following 
information:
    (1) The magnitude of each occurrence of excess opacity, any 
conversion factor(s) used, and the dates and times of commencement and 
completion of each occurrence of excess opacity, the cause of each 
exceedance of the reference opacity level, and the measures taken to 
minimize emissions.
    (2) The magnitude of each occurrence of reduced flow rate and the 
date and time of commencement and completion of each occurrence of 
reduced flow rate, the cause of the reduced flow rate, and the 
associated converter operating mode.
    (3) Specific identification of each occurrence of excess opacity or 
reduced flow rate that occurs during startups, shutdowns, and 
malfunctions of the source.

[[Page 141]]

    (4) The date and time identifying each period during which the 
continuous monitoring system or monitoring device was inoperative, 
except for zero and span checks, and the nature of the system repairs or 
adjustments.
    (5) Specific identification of each change in operating conditions 
of the emission capture system or control device, or in the condition of 
the building housing the converters.
    (f) Each owner or operator of a source subject to the provisions of 
this subpart shall submit annually a written report to the Administrator 
that includes the monthly computations of the average annual converter 
arsenic charging rate as calculated under Sec. 61.174(f)(4). The annual 
report shall be postmarked by the 30th day following the end of each 
calendar year.