Section 336.2001. Performance tests by owner.

(1) The department may require the  owner  or   operator  of  any source of air contaminant to conduct acceptable performance tests, at the owner's or operator's expense, in accordance with R 336.2003 under any 1 of the following conditions:

(a)      Prior to issuance of a permit to operate.

(b)       The source is determined to be in violation of R 336.1301 and the potential emissions exceed 100 tons per year.

(c)          The owner or operator of the source has not submitted an acceptable performance test, in accordance with R 336.2003, that demonstrates that the source is in compliance with the department's rules and with the conditions specified in the permit to install.

(d)          The source of air contaminant is located in an area  designated   as nonattainment for 1 or more air pollutants, and more than 12 months have expired since the date of the last performance test for such designated nonattainment pollutants.

(e)       The source of air contaminant has potential emissions in excess of 100 tons per year, is located in an area designated as attainment for 1 or more air pollutants, and more than 36 months have expired since the date of the last performance test for such designated attainment pollutants.

(f)      After completion of a compliance program.

(2)      Performance tests required by subrule (1) of this rule shall be conducted within 60 days following receipt of written notification from the department, unless otherwise authorized by the department.

(3)     For a performance test required by subrule (1) of this rule, the owner or operator shall submit a site-specific test plan not less than 30 days before a performance test for approval of the department. The plan will include test program  summary,  test schedule, and the quality assurance measures to be applied.

(4)       Not less than 7 days before performance tests are conducted, the owner of a source of air contaminant, or his or her authorized agent, shall notify the department, in writing, of the time and place of the performance tests and who shall conduct them. A representative of the department shall have the opportunity to witness these tests.

(5)     Results of performance tests shall be submitted to  the  department in the format prescribed by the applicable reference test method within 60 days after the last date of the test.

History: 1980; 2002 AACS; 2009 AACS.