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Enforcement Levels
ОглавлениеThe advantage of the “Excess Emission” (EER) approach for source enforcement is that it allows an agency discretion in its enforcement program. Based upon past source performance, agency resources, and so on, an agency may choose to follow up on or not to follow up on reported instances of excess emissions. A phone call may suffice to clarify a problem, an FOV or NOV may be issued, or, further, a site inspection or source test may become necessary.
An agency may take action on several levels after a review of an excess emission report. Depending on the agency policy, this determination may be either formalized or may be flexible. The approach illustrated in Table 2‐5 is typical although the action levels based on magnitude and periods of excess emissions or length of monitor downtime may vary.
Depending on the stringency of the program, the action levels may vary. For example, percentages for acceptable out‐of‐compliance periods could be <1% (more stringent) or <3% (less stringent) instead of <2% as given in Table 2‐5. Acceptable monitor downtime (in the absence of a percent availability requirement in the facility permit) might be specified in an agency policy as <1% (more stringent) or <3% (less stringent).