[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

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

[CITE: 40CFR61.13]



[Page 37-38]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec.  61.13  Emission tests and waiver of emission tests.



    (a) If required to do emission testing by an applicable subpart and 

unless a waiver of emission testing is obtained under this section, the 

owner or operator shall test emissions from the source--

    (1) Within 90 days after the effective date, for an existing source 

or a new source which has an initial startup date before the effective 

date; or

    (2) Within 90 days after initial startup, for a new source which has 

an initial startup date after the effective date.

    (b) The Administrator may require an owner or operator to test 

emissions from the source at any other time when the action is 

authorized by section 114 of the Act.

    (c) The owner or operator shall notify the Administrator of the 

emission test at least 30 days before the emission test to allow the 

Administrator the opportunity to have an observer present during the 

test.

    (d) If required to do emission 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 emission testing 

facilities as follows:

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

source.

    (2) Safe sampling platform(s).

    (3) Safe access to sampling platform(s).

    (4) Utilities for sampling and testing equipment.

    (5) Any other facilities that the Administrator needs to safely and 

properly test a source.



[[Page 38]]



    (e) Each emission test shall be conducted under such conditions as 

the Administrator shall specify based on design and operational 

characteristics of the source.

    (f) Unless otherwise specified in an applicable subpart, samples 

shall be analyzed and emissions determined within 30 days after each 

emission test has been completed. The owner or operator shall report the 

determinations of the emission test to the Administrator by a registered 

letter sent before the close of business on the 31st day following the 

completion of the emission test.

    (g) The owner or operator shall retain at the source and make 

available, upon request, for inspection by the Administrator, for a 

minimum of 2 years, records of emission test results and other data 

needed to determine emissions.

    (h)(1) Emission tests shall be conducted as set forth in this 

section, the applicable subpart and appendix B unless the 

Administrator--

    (i) Specifies or approves the use of a reference method with minor 

changes in methodology; or

    (ii) Approves the use of an alternative method; or

    (iii) Waives the requirement for emission testing because the owner 

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

Administrator's satisfaction that the source is in compliance with the 

standard.

    (2) If the Administrator finds reasonable grounds to dispute the 

results obtained by an alternative method, he may require the use of a 

reference method. If the results of the reference and alternative 

methods do not agree, the results obtained by the reference method 

prevail.

    (3) The owner or operator may request approval for the use of an 

alternative method at any time, except--

    (i) For an existing source or a new source that had an initial 

startup before the effective date, any request for use of an alternative 

method during the initial emission test shall be submitted to the 

Administrator within 30 days after the effective date, or with the 

request for a waiver of compliance if one is submitted under Sec.  

60.10(b); or

    (ii) For a new source that has an initial startup after the 

effective date, any request for use of an alternative method during the 

initial emission test shall be submitted to the Administrator no later 

than with the notification of anticipated startup required under Sec.  

60.09.

    (i)(1) Emission tests may be waived upon written application to the 

Administrator if, in the Administrator's judgment, the source is meeting 

the standard, or the source is being operated under a waiver or 

compliance, or the owner or operator has requested a waiver of 

compliance and the Administrator is still considering that request.

    (2) If application for waiver of the emission test is made, the 

application shall accompany the information required by Sec.  61.10 or 

the notification of startup required by Sec.  61.09, whichever is 

applicable. A possible format is contained in appendix A to this part.

    (3) 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 cancelling the waiver. The 

cancellation will be made only after notice is given to the owner or 

operator of the source.



[50 FR 46292, Nov. 7, 1985]