Deviation

Deviation means:
(1) Before September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source:
(i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard;
(ii) 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 affected source required to obtain such a permit; or
(iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart; and
(2) On and after September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source:
(i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; or
(ii) 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 affected source required to obtain such a permit.

Source

40 CFR § 63.4981

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Scoping language

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows:

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