[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.8]

[Page 66-67]
 
                   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

[[Page 67]]

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 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.
    (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]