TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES
PART 226 STANDARDS AND LIMITATIONS FOR CERTAIN SOURCES OF LEAD
SECTION 226.175 EMISSIONS TESTING


 

Section 226.175  Emissions Testing

 

a)         For an existing lead emission unit that is subject to this Part, testing of lead emissions at control devices required by Section 226.140 must be conducted by January 1, 2015.

 

b)         Testing Completed Prior to January 1, 2015

 

1)         The owner or operator of an existing lead emission unit that is subject to this Part and that performed all testing necessary to demonstrate compliance with Section 226.140 prior to January 1, 2015 is not required to retest pursuant to subsection (a) if:

 

A)        On or after January 1, 2011, the owner or operator of an existing lead emission unit that is subject to this Part performed all testing necessary to demonstrate compliance with Section 226.140;

 

B)        The owner or operator submitted the results of the tests to the Agency, and the tests were not rejected by the Agency;

 

C)        The same capture system and control device or devices tested under subsection (b)(1)(A) are still being used by the subject lead emission unit; and

 

D)        The owner or operator complies with all recordkeeping and reporting requirements in Section 226.185(i).

 

2)         Nothing in this subsection (b), however, shall limit the ability of the Agency or the USEPA to require that the owner or operator perform testing pursuant to subsection (e).

 

c)         For a new lead emission unit that is subject to this Part, testing of lead emissions at control devices required by Section 226.140 must be conducted within 60 days after achieving maximum operating rate, but no later than 180 days after initial startup of the new lead emission unit in accordance with this Section.

 

d)         The owner or operator of a lead emission unit subject to this Part must have subsequent emissions tests conducted at least once every 5 years.  The owner or operator of a lead emission unit that tested prior to January 1, 2015, in accordance with subsection (b) must use the original test date as the beginning of this 5-year period.

 

e)         When, as determined by the Agency or USEPA, it is necessary to conduct testing to demonstrate compliance with Section 226.140, the owner or operator of a lead emission unit subject to this Part must, at his or her own expense, have the test conducted in accordance with the applicable test methods and procedures specified in this Section within 90 days after receipt of a notice to test from the Agency or USEPA, unless that notice specifies an alternative testing deadline.

 

f)         The owner or operator of a lead emission unit subject to the emissions testing requirements of this Section must conduct all tests for lead required by subsections (a) through (e) in accordance with subsections (g) through (m). 

 

g)         The owner or operator of a lead emission unit required to test pursuant to subsection (a), (c), (d), or (e) must submit a testing protocol as described in USEPA's Emission Measurement Center Guideline Document (GD-042), as incorporated by reference in Section 226.120, to the Agency, directed to the Section Manager, at least 45 days prior to a scheduled emissions test.  Upon written request directed to the Section Manager, the Agency may, in its sole discretion, waive the 45-day requirement. A waiver is only effective if it is provided in writing by the Section Manager or his or her designee.

 

h)         Notification of a scheduled emissions test must be submitted to the Agency in writing, directed to the Section Manager, at least 30 days prior to the expected date of the emissions test and, again, 5 days prior to the testing.  Upon written request directed to the Section Manager, the Agency may, in its sole discretion, waive the 30-day requirement or the 5-day requirement. A waiver is only effective if it is provided in writing by the Section Manager or his or her designee.

 

i)          If, after the 30-days' notice for an initially scheduled test is sent, there is a delay (e.g., due to operational problems) in conducting the test as scheduled, the owner or operator of the lead emission unit must notify the Agency's Bureau of Air, Compliance Section as soon as practicable of the delay in the original test date, either by providing at least 7 days' notice of the rescheduled date of the test or by arranging a new test date with the Agency by mutual agreement.

 

j)          Not later than 60 days after the completion of the test, the owner or operator of a lead emission unit required to test pursuant to subsection (a), (c), (d), or (e) must submit the results of the test to the Agency, directed to the Section Manager.

 

k)         The owner or operator of a lead emission unit subject to the emissions testing requirements of this Section must conduct tests for lead emissions using 40 CFR 60, subpart A, and appendix A, Methods 1 (1 or 1A), 2 (2, 2A, 2C, or 2D), 3 (3 or 3A), and 4, and Method 12 or 29, as incorporated by reference in Section 226.120, or other alternative USEPA methods approved by the Agency. 

 

l)          Each emissions test must be in accordance with all of the following requirements:

 

1)         Method 12 or 29 must be used to determine compliance with the lead emission standard in Section 226.140;

 

2)         The minimum sample volume must be 0.85 dry standard cubic meters (30 dry standard cubic feet);

 

3)         The minimum sampling time must be 60 minutes for each run.  Consistent with the averaging and compliance requirements of this subsection (l), at least 3 runs must be performed and the arithmetic average of 3 valid runs must be used to determine compliance;

 

4)         The following procedure must be used to average emissions of tests results for any compliance determination:

 

A)        The average of the emissions test results must be determined by the arithmetic average of 3 valid test run results, as long as the test runs are conducted in conformance with the provisions of an approved testing protocol as required by subsection (g).

 

B)        Notwithstanding subsection (l)(4)(A), if the owner or operator of a lead emission unit elects to perform more than 3 test runs, then the average must be calculated based upon the results of all valid test runs.

 

C)        Notwithstanding subsection (l)(4)(A), in the event that a sample is accidentally lost or conditions occur in which one of the test runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, malfunction, or other dissimilar or non-representative circumstances, upon the owner's or operator's documentation of the existence of any of the circumstances set forth in this subsection (l)(4)(C) and verification by the Section Manager or his or her designee that the conditions existed, compliance may be determined by using the arithmetic average of the test results of all remaining valid test runs; however, a minimum of 2 valid test runs is required to determine compliance;

 

5)         Each test for lead emissions must be conducted during conditions representative of maximum lead emissions; and

 

6)         If an owner or operator of a lead emission unit does not meet the criteria for averaging of subsection (l)(4), then each individual valid test run must meet the applicable limitation in order to demonstrate compliance.

 

m)        The owner or operator of any lead emission unit for which emissions are vented from an uncontrolled stack to the atmosphere must test those emissions in accordance with the requirements of this Section or calculate the emissions by means of collecting area time-weighted average lead samples and analyzing those samples through the use of OSHA Method 1006, as incorporated by reference in Section 226.120.  If an owner or operator of a lead emission unit subject to this Part elects to calculate lead emissions from an uncontrolled stack, the calculations must be completed at least once every 5 years.