15A NCAC 02D .2602      GENERAL PROVISIONS ON TEST METHODS AND PROCEDURES

(a)  The owner or operator of a source shall perform all required tests at his or her own expense.

(b)  The owner or operator of an air pollution source shall arrange for air emission testing protocols to be provided to the Director prior to air pollution testing. The testing protocol, using the requirements in 15A NCAC 02D .2603, shall not be required to be pre-approved by the Director prior to air pollution testing. If requested by the owner or operator at least 45 days before conducting the test, the Director shall review air emission testing protocols for pre-approval prior to testing.

(c)  Any person proposing to conduct an emissions test to demonstrate compliance with an applicable standard shall notify the Director at least 15 days before beginning the test.

(d)  The owner and operator of the source shall provide:

(1)           sampling ports, pipes, lines, or appurtenances for the collection of samples and data required by the test procedure;

(2)           scaffolding and safe access to the sample and data collection locations in compliance with Occupational Safety and Health Administration regulations; and

(3)           light, electricity, and other utilities required for sample and data collection.

(e)  The owner or operator of the source shall arrange for controlling and measuring the production rates during the period of air testing. The owner or operator of the source shall ensure that the equipment or process being tested is operated at a production rate that meets the purpose of the test. The individual conducting the emission test shall describe the procedures used to obtain accurate process data and include in the test report the average production rates determined during each testing period.

(f)  The final air emission test report shall be submitted to the Director no later than 30 days following sample collection.

(1)           The final test report shall include a signed statement by the responsible official, as defined in 15A NCAC 02Q .0303, indicating the compliance or noncompliance of the stack test results with the applicable emission standards.

(2)           The results of the tests shall be expressed in the same units as the emission limits given in the corresponding compliance rule, unless otherwise specified in the applicable permit or pre-approved air emissions testing protocol.

(3)           The final test report shall describe the training and air testing experience of the person directing the test.

(4)           The owner or operator may request an extension of time in which to submit the final test report. The Director shall approve an extension request if he or she finds the cause of the delay was unforeseeable and beyond the control of the owner or operator.

(g)  Within 15 days of submission of a test report signifying noncompliance, the owner, operator, or responsible official shall submit to the Director a written plan that includes:

(1)           interim actions to minimize emissions pending demonstration of compliance;

(2)           corrective actions in place or proposed to return the source to compliance;

(3)           a proposed date for the compliance retest; and

(4)           changes necessary to update the site-specific test plan prior to a retest.

(h)  The Director shall make the final determination regarding a testing procedure deviation and the validity of the compliance test. The Director shall:

(1)           allow deviations from a method specified in a rule in this Section if the owner or operator of the tested source demonstrates that the deviation is appropriate.

(2)           prescribe alternate test procedures on an individual basis if the alternative method is necessary to secure more reliable test data.

(3)           prescribe or approve methods on an individual basis for sources or pollutants for which no test method is specified in this Section if the methods can be demonstrated to determine compliance of permitted emission sources or pollutants.

(i)  The Director shall authorize the Division of Air Quality to conduct independent tests of any source subject to a rule in this Subchapter if necessary to determine the compliance status of that source or to verify test data submitted relating to that source. Test results obtained by the Division of Air Quality using the appropriate testing procedures described in this Section shall be presumed accurate despite differing results from any other test.

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.65; 143-215.66; 143-215.107(a)(5);

Eff. July 1, 2008;

Readopted Eff. November 1, 2019.