Deviation

{
  "id": "MLC-T-ENV-007849",
  "term": "Deviation",
  "field": "Environment",
  "definition": "1. Written approval from the Director, Grants Administration Division for exception(s) from financial assistance regulations not based on statutory or Executive Order requirements. (Grants Administration Division)\n\n2. The departure in degrees between the drill hole or probe axis and vertical.\n\n3. Any instance in which an affected source subject to this subpart or an owner or operator of such a source:(1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard;(2) 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(3) Fails to meet any emission limit, 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. [40 CFR 63.3561 (CFR 2013)]\n\n4. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source:(1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any compliance option, operating requirement, or work practice requirement;(2) 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(3) Fails to meet any compliance option, operating requirement, or work practice requirement in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the entity responsible for enforcement of the standards. [40 CFR 63.2292 (CFR 2013)] [40 CFR 63.10042 (CFR 2013)][40 CFR 63.11556 (CFR 2013)]\n\n5. Any instance in which an affected source subject to this subpart or an owner or operator of such a source fails to meet any of the following:(1) Any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard;(2) 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(3) Any emission limitation (including any operating limit) or work practice standard in this subpart during startup, shutdown, or malfunction, regardless whether or not such failure is permitted by this subpart. [40 CFR 63.1459 (CFR 2013)][40 CFR 63.9824 (CFR 2013)][40 CFR 63.9942 (CFR 2013)]\n\n6. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limit, operating limit, or work practice standard; 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 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. A deviation is not always a violation.\n\n7. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source:(1) 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;(2) 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(3) 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. [40 CFR 63.4371 (CFR 2013)][40 CFR 63.4181 (CFR 2013)][40 CFR 63.3310 (CFR 2013)] [40 CFR 63.3561 (CFR 2013)] [40 CFR 63.3004 (CFR 2013)] [40 CFR 63.2550 (CFR 2013)] [40 CFR 63.2406 (CFR 2013)][40 CFR 63.1579 (CFR 2013)][40 CFR 63.10692 (CFR 2013)][40 CFR 63.10906 (CFR 2013)][40 CFR 63.11151 (CFR 2013)][40 CFR 63.11167 (CFR 2013)]\n\n8. Any instance in which an affected source, subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart.\n\n9. 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 applicable requirement or obligation established by this subpart including, but not limited to, any emission limit, 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.(2) A deviation is not always a violation.\n\n10. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source:(1) Fails to meet any requirement or management practices established by this subpart;(2) Fails to meet any term or condition that is adopted to implement a requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emissions limitation or management practice in this subpart.\n\n11. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source:(1) Fails to meet any requirement or management practice established by this subpart;(2) Fails to meet any term or condition that is adopted to implement a requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or(3) Fails to meet any emissions limit.\n\n12. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limit, operating limit, or work practice standard; or (2) 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.\n\n13. Instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) 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) 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 (3) Fails to meet any emission limitation, operating limit, or operator qualification and accessibility requirement in this subpart during startup, shutdown, or malfunction, regardless or whether or not such failure is permitted by this subpart.\n\n14. Instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limit, operating limit, or operator qualification and accessibility requirements. (2) 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.\n\n15. Any instance in which an affected source, subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) 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 (3) Fails to meet any emission limitation (including any 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.\n\n16. Instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation or operating limitation; (2) 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; (3) Fails to meet any emission limitation or operating limitation in this subpart during malfunction, regardless of whether or not such failure is permitted by this subpart; (4) Before September 8, 2020, fails to satisfy the general duty to minimize emissions established by § 63.6(e)(1)(i), or (5) After September 8, 2020, fails to satisfy the general duty to minimize emissions established by § 63.6105.\n\n17. 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\n\n18. 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.\n\n19. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limits or work practice standards.\n\n20. Before August 28, 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, 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.\n\n21. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source, fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limits or work practice standards.” This revision removes language that differentiated between normal operations, startup, and shutdown, and malfunction events. Refer to section IV.D.1.f of the proposal preamble (83 FR 11314, March 14, 2018) for further discussion of this revision.\n\n22. Any instance in which an affected source subject to this subpart, or portion thereof, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) 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 (3) Before July 7, 2023, fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during SSM. On and after July 7, 2023, this paragraph no longer applies.\n\n23. Before January 5, 2021, 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, 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 SSM, regardless of whether or not such failure is permitted by this subpart; and on and after January 5, 2021, 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, 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.\n\n24. Before January 5, 2021, 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 SSM, regardless of whether or not such failure is permitted by this subpart; and ) On and after January 5, 2021, 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, 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.\n\n25. On and after January 5, 2021, 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, 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.[85 FR 41100; 40 CFR 63.3981 (CFR 2021)]\n\n26. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation (including operating limits), standard, or operation and maintenance requirement; (2) 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 (3) Fails to meet any emission limitation in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart.\n\n27. Any instance in which an affected source, subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) 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; orm(3) Before January 21, 2021, fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during startup, shutdown, and malfunction, regardless of whether or not such failure is permitted by this subpart. On and after Start Printed Page 44765January 21, 2021, this paragraph no longer applies.\n\n28. Any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation (including operating limits) or operation and maintenance requirement; or (2) 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.\n\n29. Before August 12, 2023, fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or Start Printed Page 49160malfunction, regardless of whether or not such failure is permitted by this subpart. On and after August 12, 2023, this paragraph (3) no longer applies.\n\n30. 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, 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) Before the compliance date specified in § 63.7995(e), fails to meet any emission limit, operating limit, or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart. On and after the compliance date specified in § 63.7995(e), this paragraph (iii) no longer applies.\n\n31. Any instance in which an affected source or an owner or operator of such an affected source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emissions limitation (including operating limits), work practice standard, or operation and maintenance requirement; or (2) 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 iron and steel foundry required to obtain such a permit. (3) A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the entity responsible for enforcement of the standards.\n\n32. Instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard (including any monitoring plan); (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the title V operating permit for any affected source required to obtain such a permit; or (3) Fails to take corrective actions within 48 hours that result in parameter monitoring values being within range.\n\n33. Instance in which an affected source subject to this subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limitation (including any operating limit); or (2) 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 (3) Fails to meet any emission limitation (including any operating limit) in this subpart, regardless of whether such failure is permitted by this subpart.\n\n34. A variation from accepted practices.",
  "subject": "Policy and guidance",
  "references": [
    "Grants and Debarment Glossary",
    "Environmental Geophysics Glossary",
    "40 CFR 60.5430b (CFR 2024)",
    "40 CFR 63.1459 (CFR 2024)",
    "40 CFR 63.11651 (CFR 2013)",
    "40 CFR 63.3176 (CFR 2013)",
    "40 CFR 63.11433 (CFR 2013)",
    "40 CFR 63.11180 (CFR 2013)",
    "40 CFR 63.11237 (CFR 2013)",
    "40 CFR 63.11607 (CFR 2013)",
    "40 CFR 63.11588 (CFR 2013)",
    "40 CFR § 63.1579 (CFR 2016)",
    "40 CFR 62.14840 (CFR 2018)",
    "40 CFR 62.16045 (CFR 2018)",
    "40 CFR 63.361 (CFR 2018)",
    "40 CFR 63.641 (CFR 2020)",
    "Definition truncated. For full definition, see 40 CFR 63.4181 (2019); Definition Truncated. For full definition, see 40 CFR 63.4981 (CFR 2019)",
    "40 CFR 63.4371 (CFR 2019)",
    "40 CFR 63.5460 (CFR 2019)",
    "Definition truncated. For full definition, see 40 CFR 63.3004 (CFR 2019)",
    "85 FR 40740; 40 CFR 63.2406 (CFR 2021)",
    "85 FR 41100; 40 CFR 63.3176 (CFR 2021)",
    "85 FR 41100; 40 CFR 63.3981 (CFR 2021)",
    "85 FR 41100; 40 CFR 63.4581 (CFR 2021)",
    "85 FR 42074; 40 CFR 63.7852 (CFR 2021)",
    "85 FR 44752; 40 CFR 63.6015 (CFR 2021)",
    "85 FR 45476; 40 CFR 63.9652 (CFR 2021)",
    "85 FR 49084; 40 CFR 63.255 (CFR 2021)",
    "85 FR 49724; 40 CFR 63.8105 (CFR 2021)",
    "85 FR 56080; 40 CFR 63.7765 (CFR 2021)",
    "40 CFR 63.8266 (CFR 2022)",
    "40 CFR 63.8830 CFR 2022)",
    "Safety, Health, and Environmental Management System Terms and Definitions"
  ],
  "url": "https://mlchart.com/terminology/environment/deviation/"
}