SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT
RULE 361.13 - EMISSION TESTS AND WAIVER OF EMISSION TESTS
(Delegation Effect.: 11-8-76: Rev. Effect.: 1-13-87)
(a) If required to do emission testing by an applicable subpart and unless a waiver of emission testing is obtained under this rule, 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 Control Officer may require an owner or operator to test emissions from the source at any other time.
(c) The owner or operator shall notify the Control Officer of the emission test at least 30 days before the emission test to allow the Control Officer 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 Control Officer, 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 Control Officer needs to safely and properly test a source.
(e) Each emission test shall be conducted under such conditions as the Control Officer 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 Control Officer 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 Control Officer, for a minimum of two 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 rule, the applicable subpart, and Appendix B to 40 CFR; unless the Control Officer:
(i) Specifies or approves the use of a reference method with minor changes in methodology; or
(ii) The Administrator approves the use of an alternative method, or
(iii) The Control Officer waives the requirement for emission testing because the owner or operator of a source has demonstrated by other means to the Control Officer's satisfaction that the source is in compliance with the standard.
(2) If the Control Officer 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 Control Officer within 30 days after the effective date, or with the request for a waiver of compliance if one is submitted under Rule 361.10(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 Control Officer no later than with the notification of anticipated startup required under Rule 361.09.
(i) (1) Emission tests may be waived upon written application to the Control Officer if, in the Control Officer's judgement, the source is meeting the standard, or the source is being operated under a waiver of 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 Rule 361.10 or the notification of startup required by Rule 361.09, whichever is applicable. A possible format is contained in Appendix A to 40 CFR Part 61.
(3) Approval of any waiver granted under this rule 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.