[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.7]

[Page 35-40]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 63.7  Performance testing requirements.

    (a) Applicability and performance test dates. (1) The applicability 
of this section is set out in Sec. 63.1(a)(4).
    (2) If required to do performance testing by a relevant standard, 
and unless a waiver of performance testing is obtained under this 
section or the conditions of paragraph (c)(3)(ii)(B) of this section 
apply, the owner or operator of the affected source must perform such 
tests within 180 days of the compliance date for such source.
    (i)-(viii) [Reserved]
    (ix) When an emission standard promulgated under this part is more 
stringent than the standard proposed (see Sec. 63.6(b)(3)), the owner or 
operator of a new or reconstructed source subject to that standard for 
which construction or reconstruction is commenced between the proposal 
and promulgation dates of the standard shall comply with performance 
testing requirements within 180 days after the standard's effective 
date, or within 180 days after startup of the source, whichever is 
later. If the promulgated standard is more stringent than the proposed 
standard, the owner or operator may choose to demonstrate compliance 
with either the proposed or the promulgated standard. If the owner or 
operator chooses to comply with the proposed standard initially, the 
owner or operator shall conduct a second performance test within 3 years 
and 180 days after the effective date of the standard, or after startup 
of the source, whichever is later, to demonstrate compliance with the 
promulgated standard.
    (3) The Administrator may require an owner or operator to conduct 
performance tests at the affected source at any other time when the 
action is authorized by section 114 of the Act.
    (b) Notification of performance test. (1) The owner or operator of 
an affected source must notify the Administrator in writing of his or 
her intention to conduct a performance test at least 60 calendar days 
before the performance test is initially scheduled to begin to allow the 
Administrator, upon request, to review an approve the site-specific test 
plan required under paragraph (c) of this section and to have an 
observer present during the test.
    (2) In the event the owner or operator is unable to conduct the 
performance test on the date specified in the notification requirement 
specified in paragraph (b)(1) of this section due to unforeseeable 
circumstances beyond his or her control, the owner or operator must 
notify the Administrator as soon as practicable and without delay prior 
to the scheduled performance test date and specify the date when the 
performance test is rescheduled. This notification of delay in 
conducting the performance test shall not relieve the owner or operator 
of legal responsibility for compliance with any other applicable 
provisions of this part or with any other applicable Federal, State, or 
local requirement, nor will it prevent the Administrator from 
implementing or enforcing this part or taking any other action under the 
Act.
    (c) Quality assurance program. (1) The results of the quality 
assurance program required in this paragraph will be considered by the 
Administrator when he/she determines the validity of a performance test.
    (2)(i) Submission of site-specific test plan. Before conducting a 
required performance test, the owner or operator of an affected source 
shall develop and, if requested by the Administrator, shall submit a 
site-specific test plan to the Administrator for approval. The test

[[Page 36]]

plan shall include a test program summary, the test schedule, data 
quality objectives, and both an internal and external quality assurance 
(QA) program. Data quality objectives are the pretest expectations of 
precision, accuracy, and completeness of data.
    (ii) The internal QA program shall include, at a minimum, the 
activities planned by routine operators and analysts to provide an 
assessment of test data precision; an example of internal QA is the 
sampling and analysis of replicate samples.
    (iii) The external QA program shall include, at a minimum, 
application of plans for a test method performance audit (PA) during the 
performance test. The PA's consist of blind audit samples provided by 
the Administrator and analyzed during the performance test in order to 
provide a measure of test data bias. The external QA program may also 
include systems audits that include the opportunity for on-site 
evaluation by the Administrator of instrument calibration, data 
validation, sample logging, and documentation of quality control data 
and field maintenance activities.
    (iv) The owner or operator of an affected source shall submit the 
site-specific test plan to the Administrator upon the Administrator's 
request at least 60 calendar days before the performance test is 
scheduled to take place, that is, simultaneously with the notification 
of intention to conduct a performance test required under paragraph (b) 
of this section, or on a mutually agreed upon date.
    (v) The Administrator may request additional relevant information 
after the submittal of a site-specific test plan.
    (3) Approval of site-specific test plan. (i) The Administrator will 
notify the owner or operator of approval or intention to deny approval 
of the site-specific test plan (if review of the site-specific test plan 
is requested) within 30 calendar days after receipt of the original plan 
and within 30 calendar days after receipt of any supplementary 
information that is submitted under paragraph (c)(3)(i)(B) of this 
section. Before disapproving any site-specific test plan, the 
Administrator will notify the applicant of the Administrator's intention 
to disapprove the plan together with--
    (A) Notice of the information and findings on which the intended 
disapproval is based; and
    (B) Notice of opportunity for the owner or operator to present, 
within 30 calendar days after he/she is notified of the intended 
disapproval, additional information to the Administrator before final 
action on the plan.
    (ii) In the event that the Administrator fails to approve or 
disapprove the site-specific test plan within the time period specified 
in paragraph (c)(3)(i) of this section, the following conditions shall 
apply:
    (A) If the owner or operator intends to demonstrate compliance using 
the test method(s) specified in the relevant standard or with only minor 
changes to those tests methods (see paragraph (e)(2)(i) of this 
section), the owner or operator must conduct the performance test within 
the time specified in this section using the specified method(s);
    (B) If the owner or operator intends to demonstrate compliance by 
using an alternative to any test method specified in the relevant 
standard, the owner or operator is authorized to conduct the performance 
test using an alternative test method after the Administrator approves 
the use of the alternative method when the Administrator approves the 
site-specific test plan (if review of the site-specific test plan is 
requested) or after the alternative method is approved (see paragraph 
(f) of this section). However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval 45 days after submission of the site-
specific test plan or request to use an alternative method. The owner or 
operator is authorized to conduct the performance test within 60 
calendar days after he/she is authorized to demonstrate compliance using 
an alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to

[[Page 37]]

use the specified testing and monitoring methods instead of an 
alternative.
    (iii) Neither the submission of a site-specific test plan for 
approval, nor the Administrator's approval or disapproval of a plan, nor 
the Administrator's failure to approve or disapprove a plan in a timely 
manner shall--
    (A) Relieve an owner or operator of legal responsibility for 
compliance with any applicable provisions of this part or with any other 
applicable Federal, State, or local requirement; or
    (B) Prevent the Administrator from implementing or enforcing this 
part or taking any other action under the Act.
    (4)(i) Performance test method audit program. The owner or operator 
must analyze performance audit (PA) samples during each performance 
test. The owner or operator must request performance audit materials 30 
days prior to the test date. Audit materials including cylinder audit 
gases may be obtained by contacting the appropriate EPA Regional Office 
or the responsible enforcement authority.
    (ii) The Administrator will have sole discretion to require any 
subsequent remedial actions of the owner or operator based on the PA 
results.
    (iii) If the Administrator fails to provide required PA materials to 
an owner or operator of an affected source in time to analyze the PA 
samples during a performance test, the requirement to conduct a PA under 
this paragraph shall be waived for such source for that performance 
test. Waiver under this paragraph of the requirement to conduct a PA for 
a particular performance test does not constitute a waiver of the 
requirement to conduct a PA for future required performance tests.
    (d) Performance testing facilities. If required to do performance 
testing, the owner or operator of each new source and, at the request of 
the Administrator, the owner or operator of each existing source, shall 
provide performance testing facilities as follows:
    (1) Sampling ports adequate for test methods applicable to such 
source. This includes:
    (i) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures; and
    (ii) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures;
    (2) Safe sampling platform(s);
    (3) Safe access to sampling platform(s);
    (4) Utilities for sampling and testing equipment; and
    (5) Any other facilities that the Administrator deems necessary for 
safe and adequate testing of a source.
    (e) Conduct of performance tests. (1) Performance tests shall be 
conducted under such conditions as the Administrator specifies to the 
owner or operator based on representative performance (i.e., performance 
based on normal operating conditions) of the affected source. Operations 
during periods of startup, shutdown, and malfunction shall not 
constitute representative conditions for the purpose of a performance 
test, nor shall emissions in excess of the level of the relevant 
standard during periods of startup, shutdown, and malfunction be 
considered a violation of the relevant standard unless otherwise 
specified in the relevant standard or a determination of noncompliance 
is made under Sec. 63.6(e). Upon request, the owner or operator shall 
make available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
    (2) Performance tests shall be conducted and data shall be reduced 
in accordance with the test methods and procedures set forth in this 
section, in each relevant standard, and, if required, in applicable 
appendices of parts 51, 60, 61, and 63 of this chapter unless the 
Administrator--
    (i) Specifies or approves, in specific cases, the use of a test 
method with minor changes in methodology (see definition in 
Sec. 63.90(a)). Such changes may be approved in conjunction with 
approval of the site-specific test plan (see paragraph (c) of this 
section); or
    (ii) Approves the use of an intermediate or major change or 
alternative to a test method (see definitions in

[[Page 38]]

Sec. 63.90(a)), the results of which the Administrator has determined to 
be adequate for indicating whether a specific affected source is in 
compliance; or
    (iii) Approves shorter sampling times or smaller sample volumes when 
necessitated by process variables or other factors; or
    (iv) Waives the requirement for performance tests because the owner 
or operator of an affected source has demonstrated by other means to the 
Administrator's satisfaction that the affected source is in compliance 
with the relevant standard.
    (3) Unless otherwise specified in a relevant standard or test 
method, each performance test shall consist of three separate runs using 
the applicable test method. Each run shall be conducted for the time and 
under the conditions specified in the relevant standard. For the purpose 
of determining compliance with a relevant standard, the arithmetic mean 
of the results of the three runs shall apply. Upon receiving approval 
from the Administrator, results of a test run may be replaced with 
results of an additional test run in the event that--
    (i) A sample is accidentally lost after the testing team leaves the 
site; or
    (ii) Conditions occur in which one of the three runs must be 
discontinued because of forced shutdown; or
    (iii) Extreme meteorological conditions occur; or
    (iv) Other circumstances occur that are beyond the owner or 
operator's control.
    (4) Nothing in paragraphs (e)(1) through (e)(3) of this section 
shall be construed to abrogate the Administrator's authority to require 
testing under section 114 of the Act.
    (f) Use of an alternative test method--(1)General. Until authorized 
to use an intermediate or major change or alternative to a test method, 
the owner or operator of an affected source remains subject to the 
requirements of this section and the relevant standard.
    (2) The owner or operator of an affected source required to do 
performance testing by a relevant standard may use an alternative test 
method from that specified in the standard provided that the owner or 
operator--
    (i) Notifies the Administrator of his or her intention to use an 
alternative test method at least 60 days before the performance test is 
scheduled to begin;
    (ii) Uses Method 301 in appendix A of this part to validate the 
alternative test method. This may include the use of specific procedures 
of Method 301 if use of such procedures are sufficient to validate the 
alternative test method; and
    (iii) Submits the results of the Method 301 validation process along 
with thnotification of intention and the justification for not using the 
specified test method. The owner or operator may submit the information 
required in this paragraph well in advance of the deadline specified in 
paragraph (f)(2)(i) of this section to ensure a timely review by the 
Administrator in order to meet the performance test date specified in 
this section or the relevant standard.
    (3) The Administrator will determine whether the owner or operator's 
validation of the proposed alternative test method is adequate and issue 
an approval or disapproval of the alternative test method. If the owner 
or operator intends to demonstrate compliance by using an alternative to 
any test method specified in the relevant standard, the owner or 
operator is authorized to conduct the performance test using an 
alternative test method after the Administrator approves the use of the 
alternative method. However, the owner or operator is authorized to 
conduct the performance test using an alternative method in the absence 
of notification of approval/disapproval 45 days after submission of the 
request to use an alternative method and the request satisfies the 
requirements in paragraph (f)(2) of this section. The owner or operator 
is authorized to conduct the performance test within 60 calendar days 
after he/she is authorized to demonstrate compliance using an 
alternative test method. Notwithstanding the requirements in the 
preceding three sentences, the owner or operator may proceed to conduct 
the performance test as required in this section (without the 
Administrator's prior approval of the site-specific test plan) if he/she 
subsequently chooses to use the

[[Page 39]]

specified testing and monitoring methods instead of an alternative.
    (4) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative test method for the purposes of 
demonstrating compliance with a relevant standard, the Administrator may 
require the use of a test method specified in a relevant standard.
    (5) If the owner or operator uses an alternative test method for an 
affected source during a required performance test, the owner or 
operator of such source shall continue to use the alternative test 
method for subsequent performance tests at that affected source until he 
or she receives approval from the Administrator to use another test 
method as allowed under Sec. 63.7(f).
    (6) Neither the validation and approval process nor the failure to 
validate an alternative test method shall abrogate the owner or 
operator's responsibility to comply with the requirements of this part.
    (g) Data analysis, recordkeeping, and reporting. (1) Unless 
otherwise specified in a relevant standard or test method, or as 
otherwise approved by the Administrator in writing, results of a 
performance test shall include the analysis of samples, determination of 
emissions, and raw data. A performance test is ``completed'' when field 
sample collection is terminated. The owner or operator of an affected 
source shall report the results of the performance test to the 
Administrator before the close of business on the 60th day following the 
completion of the performance test, unless specified otherwise in a 
relevant standard or as approved otherwise in writing by the 
Administrator (see Sec. 63.9(i)). The results of the performance test 
shall be submitted as part of the notification of compliance status 
required under Sec. 63.9(h). Before a title V permit has been issued to 
the owner or operator of an affected source, the owner or operator shall 
send the results of the performance test to the Administrator. After a 
title V permit has been issued to the owner or operator of an affected 
source, the owner or operator shall send the results of the performance 
test to the appropriate permitting authority.
    (2) [Reserved]
    (3) For a minimum of 5 years after a performance test is conducted, 
the owner or operator shall retain and make available, upon request, for 
inspection by the Administrator the records or results of such 
performance test and other data needed to determine emissions from an 
affected source.
    (h) Waiver of performance tests. (1) Until a waiver of a performance 
testing requirement has been granted by the Administrator under this 
paragraph, the owner or operator of an affected source remains subject 
to the requirements of this section.
    (2) Individual performance tests may be waived upon written 
application to the Administrator if, in the Administrator's judgment, 
the source is meeting the relevant standard(s) on a continuous basis, or 
the source is being operated under an extension of compliance, or the 
owner or operator has requested an extension of compliance and the 
Administrator is still considering that request.
    (3) Request to waive a performance test. (i) If a request is made 
for an extension of compliance under Sec. 63.6(i), the application for a 
waiver of an initial performance test shall accompany the information 
required for the request for an extension of compliance. If no extension 
of compliance is requested or if the owner or operator has requested an 
extension of compliance and the Administrator is still considering that 
request, the application for a waiver of an initial performance test 
shall be submitted at least 60 days before the performance test if the 
site-specific test plan under paragraph (c) of this section is not 
submitted.
    (ii) If an application for a waiver of a subsequent performance test 
is made, the application may accompany any required compliance progress 
report, compliance status report, or excess emissions and continuous 
monitoring system performance report [such as those required under 
Sec. 63.6(i), Sec. 63.9(h), and Sec. 63.10(e) or specified in a relevant 
standard or in the source's title V permit], but it shall be submitted 
at least 60 days before the performance test if the site-specific test 
plan required under paragraph (c) of this section is not submitted.

[[Page 40]]

    (iii) Any application for a waiver of a performance test shall 
include information justifying the owner or operator's request for a 
waiver, such as the technical or economic infeasibility, or the 
impracticality, of the affected source performing the required test.
    (4) Approval of request to waive performance test. The Administrator 
will approve or deny a request for a waiver of a performance test made 
under paragraph (h)(3) of this section when he/she--
    (i) Approves or denies an extension of compliance under 
Sec. 63.6(i)(8); or
    (ii) Approves or disapproves a site-specific test plan under 
Sec. 63.7(c)(3); or
    (iii) Makes a determination of compliance following the submission 
of a required compliance status report or excess emissions and 
continuous monitoring systems performance report; or
    (iv) Makes a determination of suitable progress towards compliance 
following the submission of a compliance progress report, whichever is 
applicable.
    (5) Approval of any waiver granted under this section shall not 
abrogate the Administrator's authority under the Act or in any way 
prohibit the Administrator from later canceling the waiver. The 
cancellation will be made only after notice is given to the owner or 
operator of the affected source.

[59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000; 
67 FR 16602, Apr. 5, 2002]