Section 440.08. Performance tests.

 

(1)  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 the facility and at such other times as may be required by the department, the owner or operator of the facility shall conduct performance tests and furnish the department a written report of the results of the performance tests.

(2)  Except as provided in sub. (2m) , performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable section of this chapter unless the department specifies or approves, in specific cases, the use of a reference method with minor changes in methodology or waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the department's satisfaction that the affected facility is in compliance with the standard, or the department approves shorter sampling times and smaller sampling volumes when necessitated by process variables, or unless the administrator:

(a) Approves the use of an equivalent method, or

(b) Approves the use of an alternative method the results of which the administrator has determined to be adequate for indicating whether a specific source is in compliance.

(2m)  The owner or operator of a facility may use a version of an ASTM method not specified in the applicable section of this chapter if the version is allowed under 40 CFR part 60 , is incorporated by reference in 40 CFR 60.17 (a), and the version predates the version specified in the applicable section of this chapter. An owner or operator choosing to use a version of an ASTM method under this subsection is not required to obtain department or administrator approval under sub. (2) .

(3)  Performance tests shall be conducted under such conditions as the department shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the department such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and malfunction do not constitute representative conditions for the purpose of a performance test nor will 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.

(4)  The owner or operator of an affected facility shall provide the department at least 30 days prior notice of any performance tests, except as specified under other sections of this chapter, to afford the department the opportunity to have an observer present. If after 30 days notice for an initially scheduled performance test, there is a delay in conducting the scheduled performance test, the owner or operator of an affected facility shall notify the department 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 department by mutual agreement.

(5)  The owner or operator of the affected facility shall provide, or cause to be provided, performance testing facilities as follows:

(a) Sampling ports adequate for test methods applicable to the facility. This includes:

1. Constructing the air pollution control system such that the volumetric flow rates and pollution emission rates can be accurately determined by applicable test methods and procedures, and

2. Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test method procedures.

(b) Safe sampling platform or platforms.

(c) Safe access to sampling platform or platforms.

(d) Utilities for sampling and testing equipment.

(6)  Unless otherwise specified in an applicable section of this chapter, each performance test shall consist of 3 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 3 runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the 3 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 department's approval, be determined using the arithmetic mean of the results of the 2 other runs.

History: Cr. Register, January, 1984, No. 337 , eff. 2-1-84; am. (2), renum, (5) (e) to be (6), Register, September, 1990, No. 417 , eff. 10-1-90; am. (2) (intro.) and (5) (a), Register, July, 1993, No. 451 , eff. 8-1-93; CR 06-109 : am. (2) (intro.) and (4), cr. (2m) Register May 2008 No. 629 , eff. 6-1-08.