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Electronic Code of Federal Regulations

e-CFR data is current as of June 3, 2020

Title 40Chapter ISubchapter CPart 60Subpart J → §60.108


Title 40: Protection of Environment
PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
Subpart J—Standards of Performance for Petroleum Refineries


§60.108   Performance test and compliance provisions.

(a) Section 60.8(d) shall apply to the initial performance test specified under paragraph (c) of this section, but not to the daily performance tests required thereafter as specified in §60.108(d). Section 60.8(f) does not apply when determining compliance with the standards specified under §60.104(b). Performance tests conducted for the purpose of determining compliance under §60.104(b) shall be conducted according to the applicable procedures specified under §60.106.

(b) Owners or operators who seek to comply with §60.104(b)(3) shall meet that standard at all times, including periods of startup, shutdown, and malfunctions.

(c) The initial performance test shall consist of the initial 7-day average calculated for compliance with §60.104(b)(1), (b)(2), or (b)(3).

(d) After conducting the initial performance test prescribed under §60.8, the owner or operator of a fluid catalytic cracking unit catalyst regenerator subject to §60.104(b) shall conduct a performance test for each successive 24-hour period thereafter. The daily performance tests shall be conducted according to the appropriate procedures specified under §60.106. In the event that a sample collected under §60.106(i) or (j) is accidentally lost or conditions occur in which one of the samples 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 operators' control, compliance may be determined using available data for the 7-day period.

(e) Each owner or operator subject to §60.104(b) who has demonstrated compliance with one of the provisions of §60.104(b) but a later date seeks to comply with another of the provisions of §60.104(b) shall begin conducting daily performance tests as specified under paragraph (d) of this section immediately upon electing to become subject to one of the other provisions of §60.104(b). The owner or operator shall furnish the Administrator with a written notification of the change in the semiannual report required by §60.107(f).

[54 FR 34030, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 FR 7466, Feb. 12, 1999; 73 FR 35867, June 24, 2008]

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