[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.13]

[Page 35-37]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of 
 
                      Subpart A_General Provisions
 
Sec. 61.13  Emission tests and waiver of emission tests.

    (a) Except as provided in paragraphs (a)(3), (a)(4), (a)(5), and 
(a)(6) of this section, 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.
    (2) Within 90 days after initial startup, for a new source which has 
an initial startup date after the effective date.
    (3) If a force majeure is about to occur, occurs, or has occurred 
for which the affected owner or operator intends to assert a claim of 
force majeure, the owner or operator shall notify the Administrator, in 
writing as soon as practicable following the date the owner or operator 
first knew, or through due diligence should have known that the event 
may cause or caused a delay in testing beyond the regulatory deadline 
specified in paragraphs (a)(1) or (a)(2) of this section or beyond a 
deadline established pursuant to the requirements under paragraph (b) of 
this section, but the notification must occur before the performance 
test deadline unless the initial force majeure or a subsequent force 
majeure event delays the notice, and in such cases, the notification 
shall occur as soon as practicable.
    (4) The owner or operator shall provide to the Administrator a 
written description of the force majeure event and a rationale for 
attributing the

[[Page 36]]

delay in testing beyond the regulatory deadline to the force majeure; 
describe the measures taken or to be taken to minimize the delay; and 
identify a date by which the owner or operator proposes to conduct the 
performance test. The performance test shall be conducted as soon as 
practicable after the force majeure occurs.
    (5) The decision as to whether or not to grant an extension to the 
performance test deadline is solely within the discretion of the 
Administrator. The Administrator will notify the owner or operator in 
writing of approval or disapproval of the request for an extension as 
soon as practicable.
    (6) Until an extension of the performance test deadline has been 
approved by the Administrator under paragraphs (a)(3), (a)(4), and 
(a)(5) of this section, the owner or operator of the affected facility 
remains strictly subject to the requirements of this part.
    (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.
    (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.

[[Page 37]]

    (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, as amended at 72 FR 27442, May 16, 2007]