Would failure to quality assure or certify monitors that are not used for compliance be considered an HPV?
Response: It is not an essential condition under General Criterion 7 that the monitors be used for compliance determinations. If they are required under a federally enforceable regulation or permit, failure to perform required quality assurance or certification procedures would be an HPV if this “substantially interfered with enforcement or determining the source’s compliance status.” It is possible that this could occur with a monitor required only as an indicator of process or control system problems. Comment: When is a late compliance report required by a Title V Permit an HPV? Does it make a difference if the late compliance report shows compliance? Response: If the late compliance report is a certification required under the Title V Permit, and the certification is over 60 days late, the failure should be considered an HPV under General Criterion 5 regardless of the content of the report. If it is a periodic self monitoring report, whether it should be classified an HPV depends on
