(a)  The owner or operator of a source shall perform any required test at his own expense.

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

(c)  The owner or operator of the source shall arrange for air emission testing protocols to be provided to the Director prior to air pollution testing.  Testing protocols are not required to be pre-approved by the Director prior to air pollution testing. The Director shall review air emission testing protocols for pre-approval prior to testing if requested by the owner or operator at least 45 days before conducting the test.

(d)  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 so that the Director may at his option observe the test.

(e)  For compliance determination, 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; and

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

(f)  Unless otherwise specified in the applicable permit or during the course of the protocol review, the results of the tests shall be expressed in the same units as the emission limits given in the rule for which compliance is being determined.

(g)  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 the production rate that best fulfills 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.

(h)  The final air emission test report shall be submitted to the Director not later than 30 days after sample collection. The owner or operator may request an extension to submit the final test report.  The Director shall approve an extension request if he finds that the extension request is a result of actions beyond the control of the owner or operator.

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

(1)           Allow deviations from a method specified under a rule in this Section if the owner or operator of the source being tested demonstrates to the satisfaction of the Director that the specified method is inappropriate for the source being tested.

(2)           Prescribe alternate test procedures on an individual basis when he finds that 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.

(j)  The Director may authorize the Division of Air Quality to conduct independent tests of any source subject to a rule in this Subchapter to determine the compliance status of that source or to verify any test data submitted relating to that source. Any test conducted by the Division of Air Quality using the appropriate testing procedures described in this Section has precedence over all other tests.


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.