NR 460.06(1)(d)2.2. The owner or operator shall provide to the department a written description of the force majeure 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 occurs.
NR 460.06(1)(d)3.3. The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the department. The department shall notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable.
NR 460.06(1)(d)4.4. Until an extension of the performance test deadline has been approved by the department under subd. 3., the owner or operator of the affected facility remains strictly subject to the requirements of chs. NR 460 to 469 and all applicable permits.
NR 460.06(2)(2)Department oversight of performance testing. Performance tests shall be conducted in accordance with s. NR 439.07 (2) to (4) and (6).
NR 460.06(3)(3)Performance testing facilities. If required to do performance testing, the owner or operator of each new MACT source and, at the request of the department, the owner or operator of each existing source, shall provide all of the following performance testing facilities:
NR 460.06(3)(a)(a) Sampling ports adequate for test methods applicable to the source. This includes all of the following:
NR 460.06(3)(a)1.1. Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures.
NR 460.06(3)(a)2.2. Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures.
NR 460.06(3)(b)(b) Safe sampling platforms.
NR 460.06(3)(c)(c) Safe access to sampling platforms.
NR 460.06(3)(d)(d) Utilities for sampling and testing equipment.
NR 460.06(3)(e)(e) Any other facilities that the department deems necessary for safe and adequate testing of a source.
NR 460.06(4)(4)Conduct of performance tests.
NR 460.06(4)(a)(a) Performance tests shall be conducted under such conditions as the department specifies to the owner or operator based on normal, representative performance of the affected source. Operations during periods of startup, shutdown and malfunction do not constitute representative conditions for the purpose of a performance test, nor will emissions in excess of the level of the relevant standard during periods of startup, shutdown and malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under s. NR 460.05 (4). Upon request, the owner or operator shall make available to the department such records as may be necessary to determine the conditions of performance tests.
NR 460.06(4)(b)(b) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures in this section, in each relevant standard, and, if required, in applicable appendices of parts 51, 60, 61 and 63 of title 40 of the code of federal regulations, incorporated by reference in s. NR 484.04 (9), (13), (21), (23) and (25), unless any of the following actions is taken:
NR 460.06(4)(b)1.1. The department specifies or approves, in specific cases, the use of a test method with minor changes in methodology. Changes may be approved in conjunction with approval of the site-specific test plan specified in sub. (2).
NR 460.06(4)(b)2.2. The department approves the use of an intermediate change or alternative, or the administrator approves the use of a major change or alternative to a test method, the results of which the department or administrator has determined to be adequate for indicating whether a specific affected source is in compliance.
NR 460.06 NoteNote: Under 40 CFR 63.91 (g) only EPA can approve major alternatives to test methods.
NR 460.06(4)(b)3.3. The department approves shorter sampling times or smaller sample volumes when necessitated by process variables or other factors.
NR 460.06(4)(b)4.4. The department waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the department’s satisfaction that the affected source is in compliance with the relevant standard.
NR 460.06(4)(c)(c) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of 3 separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the 3 runs shall apply. Upon receiving approval from the department, results of a test run may be replaced with results of an additional test run in the event that any of the following occurs:
NR 460.06(4)(c)1.1. A sample is accidentally lost after the testing team leaves the site.
NR 460.06(4)(c)2.2. Conditions occur in which one of the 3 runs must be discontinued because of forced shutdown.
NR 460.06(4)(c)3.3. Extreme meteorological conditions occur.
NR 460.06(4)(c)4.4. Other circumstances occur that are beyond the owner or operator’s control.
NR 460.06(5)(5)Use of an alternative test method.
NR 460.06(5)(a)(a) Until authorized to use an intermediate or major change or alternative to a test method, the owner or operator of an affected source remains subject to the requirements of this section and the relevant standard.
NR 460.06 NoteNote: Under 40 CFR 63.91 (g) only EPA can approve major alternatives to test methods.
NR 460.06(5)(b)(b) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator does all of the following: