Ariz. Admin. Code § R18-2-312 - Performance Tests
A. Except as
provided in subsection (J), within 60 days after a source subject to the permit
requirements of this Article has achieved the capability to operate at its
maximum production rate on a sustained basis but no later than 180 days after
initial start-up of such source and at such other times as may be required by
the Director, the owner or operator of such source shall conduct performance
tests and furnish the Director a written report of the results of the
tests.
B. Performance tests shall
be conducted and data reduced in accordance with the test method and procedures
contained in the Arizona Testing Manual unless the Director:
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; or
4. Waives the requirement for performance
tests because the owner or operator of a source has demonstrated by other means
to the Director's satisfaction that the source is in compliance with the
standard.
5. Nothing in this
Section shall be construed to abrogate the Director's authority to require
testing.
C. Performance
tests shall be conducted under such conditions as the Director shall specify to
the plant operator based on representative performance of the source. The owner
or operator shall make available to the Director such records as may be
necessary to determine the conditions of the performance tests. Operations
during periods of start-up, shutdown, and malfunction shall not constitute
representative conditions of performance tests unless otherwise specified in
the applicable standard.
D. The
owner or operator of a permitted source shall provide the Director two weeks
prior notice of the performance test to afford the Director the opportunity to
have an observer present.
E. The
owner or operator of a permitted source shall provide, or cause to be provided,
performance testing facilities as follows:
1.
Sampling ports adequate for test methods applicable to such facility.
2. Safe sampling platform(s).
3. Safe access to sampling
platform(s).
4. Utilities for
sampling and testing equipment.
F. 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 is required to 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 Director's approval, be determined using the
arithmetic means of the results of the two other runs. If the Director, or the
Director's designee is present, tests may only be stopped with the Director's
or such designee's approval. If the Director, or the Director's designee is not
present, tests may only be stopped for good cause, which includes forced
shutdown, failure of an irreplaceable portion of the sample train, extreme
meteorological conditions, or other circumstances beyond the operator's
control. Termination of testing without good cause after the first run is
commenced shall constitute a failure of the test.
G. Except as provided in subsection (H)
compliance with the emission limits established in this Chapter or as
prescribed in permits issued pursuant to this Chapter shall be determined by
the performance tests specified in this Section or in the permit.
H. In addition to performance tests specified
in this Section, compliance with specific emission limits may be determined by:
1. Opacity tests.
2. Emission limit compliance tests
specifically designated as such in the regulation establishing the emission
limit to be complied with.
3.
Continuous emission monitoring, where applicable quality assurance procedures
are followed and where it is designated in the permit or in an applicable
requirement to show compliance.
I. Nothing in this Section shall be so
construed as to prevent the utilization of measurements from emissions
monitoring devices or techniques not designated as performance tests as
evidence of compliance with applicable good maintenance and operating
requirements.
J. The owner or
operator of a source subject to this Section may request an extension to the
performance test deadline due to a force majeure event as follows:
1. If a force majeure event is about to
occur, occurs, or has occurred for which the owner or operator intends to
assert a claim of force majeure, the owner or operator shall notify the
Director 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. 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 be given as soon as practicable.
2. The owner or operator shall provide to the
Director a written description of the force majeure event and a rationale for
attributing the 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 event occurs.
3. The decision as to whether or not to grant
an extension to the performance test deadline is solely within the discretion
of the Director. The Director shall notify the owner or operator in writing of
approval or disapproval of the request for an extension as soon as
practicable.
4. Until an extension
of the performance test deadline has been approved by the Director under
paragraphs (1), (2), and (3) of this subsection, the owner or operator remains
subject to the requirements of this Section.
5. For purposes of this subsection, a "force
majeure event" means an event that will be or has been caused by circumstances
beyond the control of the source, its contractors, or any entity controlled by
the source that prevents the owner or operator from complying with the
regulatory requirement to conduct performance tests within the specified
timeframe despite the source's best efforts to fulfill the obligation. Examples
of such events are acts of nature, acts of war or terrorism, or equipment
failure or safety hazard beyond the control of the source.
Notes
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