[Title 40 CFR 60.108]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart J - Standards of Performance for Petroleum Refineries]
[Sec. 60.108 - Performance test and compliance provisions.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.108Sec. 60.108PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Petroleum Refineries
Sec. 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 Sec. 60.108(d). 
Section 60.8(f) does not apply when determining compliance with the 
standards specified under Sec. 60.104(b). Performance tests conducted 
for the purpose of determining compliance under Sec. 60.104(b) shall be 
conducted according to the applicable procedures specified under Sec. 
60.106.
    (b) Owners or operators who seek to comply with Sec. 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 Sec. 60.104(b)(1), (b)(2), or 
(b)(3).
    (d) After conducting the initial performance test prescribed under 
Sec. 60.8, the owner or operator of a fluid catalytic cracking unit 
catalyst regenerator subject to Sec. 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 Sec. 60.106. In the event that a sample 
collected under Sec. 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 Sec. 60.104(b) who has 
demonstrated compliance with one of the provisions of Sec. 60.104(b) 
but a later date seeks to comply with another of the provisions of Sec. 
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 Sec. 60.104(b). The owner or 
operator shall furnish the Administrator with a written notification of 
the change in the semiannual report required by Sec. 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]