[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.8]



[Page 63-64]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 60_STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec. 60.8  Performance tests.



    (a) Within 60 days after achieving the maximum production rate at 

which the affected facility will be operated, but not later than 180 

days after initial startup of such facility and at such other times as 

may be required by the Administrator under section 114 of the Act, the 

owner or operator of such facility shall conduct performance test(s) and 

furnish the Administrator a written report of the results of such 

performance test(s).

    (b) Performance tests shall be conducted and data reduced in 

accordance with the test methods and procedures contained in each 

applicable subpart unless the Administrator (1) specifies or approves, 

in specific cases, the use of a reference method with minor changes in 

methodology, (2) approves the use of an equivalent method, (3) approves 

the use of an alternative method the results of which he has determined 

to be adequate for indicating whether a specific source is in 

compliance, (4) waives the requirement for performance tests because the 

owner or operator of a source has demonstrated by other means to the 

Administrator's satisfaction that the affected facility is in compliance 

with the standard, or (5) approves shorter sampling times and smaller 

sample volumes when necessitated by process variables or other factors. 

Nothing in this paragraph shall be construed to abrogate the 

Administrator's authority to require testing under section 114 of the 

Act.

    (c) Performance tests shall be conducted under such conditions as 

the Administrator shall specify to the plant operator based on 

representative performance of the affected facility. The owner or 

operator shall make available to the Administrator such records as may 

be necessary to determine the conditions of the performance tests. 

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 

applicable emission limit during periods of startup, shutdown, and 

malfunction be considered a violation of the applicable emission limit 

unless otherwise specified in the applicable standard.

    (d) The owner or operator of an affected facility shall provide the 

Administrator at least 30 days prior notice of any performance test, 

except as specified under other subparts, to afford the Administrator 

the opportunity to have an observer present. If after 30 days notice for 

an initially scheduled performance test, there is a delay (due to 

operational problems, etc.) in conducting the scheduled performance 

test, the owner or operator of an affected facility shall notify the 

Administrator (or delegated State or local agency) as soon as possible 

of any delay in the original test date, either by providing at least 7 

days prior notice of the rescheduled date of the performance test, or by 

arranging a rescheduled date with the Administrator (or delegated State 

or local agency) by mutual agreement.

    (e) The owner or operator of an affected facility shall provide, or 

cause to be provided, performance testing facilities as follows:

    (1) Sampling ports adequate for test methods applicable to such 

facility. 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



[[Page 64]]



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 plat form(s).

    (4) Utilities for sampling and testing equipment.

    (f) Unless otherwise specified in the applicable subpart, 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 applicable standard. For the 

purpose of determining compliance with an applicable standard, the 

arithmetic means of results of the three runs shall apply. In the event 

that a sample is accidentally lost or conditions occur in which one of 

the three runs must be discontinued because of forced shutdown, failure 

of an irreplaceable portion of the sample train, extreme meteorological 

conditions, or other circumstances, beyond the owner or operator's 

control, compliance may, upon the Administrator's approval, be 

determined using the arithmetic mean of the results of the two other 

runs.



[36 FR 24877, Dec. 23, 1971, as amended at 39 FR 9314, Mar. 8, 1974; 42 

FR 57126, Nov. 1, 1977; 44 FR 33612, June 11, 1979; 54 FR 6662, Feb. 14, 

1989; 54 FR 21344, May 17, 1989; 64 FR 7463, Feb. 12, 1999]