40 C.F.R. 60.8 - Performance tests

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143 practice notes
  • Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010
    • United States
    • Federal Register April 29, 2016
    • April 29, 2016
    ...which provides the EPA Administrator with the authority to approve alternate methods of demonstrating compliance as established under 40 CFR 60.8(b) and 60.13(i). SSI unit owners and operators who wish to petition the agency for an alternative method of demonstrating compliance should submi......
  • Air pollution; standards of performance for new stationary sources: Solid waste incineration units,
    • United States
    • Federal Register December 16, 2005
    • December 16, 2005
    ...of 40 CFR part 60 and tables 2 and 4 to subpart FFFF of 40 CFR part 60 list the EPA testing methods included in the final rules. Under 40 CFR 60.8(b) and 60.13(i) of subpart A (General Provisions), a source may apply to EPA for permission to use alternative test methods or alternative monit......
  • Air Quality Control, Reporting, and Compliance
    • United States
    • Federal Register April 05, 2016
    • April 5, 2016
    ...Supervisor. As appropriate, you must use the General Provisions for Determining Standards of Performance for New Stationary Sources, at 40 CFR 60.8. (ii) Fuel. You must ensure that the fuel used in the testing to generate the emission factors reflects the type of fuel that will be used by t......
  • Part II
    • United States
    • Federal Register December 16, 2005
    • December 16, 2005
    ...of 40 CFR part 60 and tables 2 and 4 to subpart FFFF of 40 CFR part 60 list the EPA testing methods included in the final rules. Under 40 CFR 60.8(b) and 60.13(i) of subpart A (General Provisions), a source may apply to EPA for permission to use alternative test methods or alternative monit......
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8 cases
  • Town of Weymouth v. Mass. Dep't of Envtl. Prot., No. 19-1794
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • June 3, 2020
    ...for Significant Stationary Sources of Air Pollution 1 (2011) (noting that DEP generally follows EPA's guidance on air modeling); cf. 40 C.F.R. § 60.8(c) ("Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a perf......
  • U.S. v. Illinois Power Co., No. 99-CV-0833-MJR.
    • United States
    • United States District Courts. 7th Circuit. Southern District of Illinois
    • February 19, 2003
    ...without conducting a performance test within the regulatory time period or informing the EPA of the test results in violation of 40 C.F.R. § 60.8, and without conducting the performance test within the methods described in 40 C.F.R. § 60.48a.4 In support of their motion for summary judgment......
  • National Lime Ass'n v. E.P.A., No. 78-1385
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • May 19, 1980
    ...its standard. The EPA has expressly built some flexibility into the enforcement end of the new source performance standards, 40 C.F.R. § 60.8(c) (1979) (relating to startup, shutdown and malfunction) and is vested with a more general enforcement discretion, but the flexibility appropriate t......
  • Berry v. Farmland Industries, Inc., No. 99-2337-JWL.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • September 8, 2000
    ...five years ago" because the "raw data necessary to provide the conversion factor, which Farmland must maintain only for two years, 40 C.F.R. § 60.8(f), is no longer available." (Doc. 11 at 22-23). Thus, according to Farmland, an injunction or fine could not "redress the lack of data." (Doc.......
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2 firm's commentaries
  • EPA's Proposed Rule Regarding Treatment Of Startups, Shutdowns, And Malfunctions Under The Clean Air Act
    • United States
    • Mondaq United States
    • May 9, 2013
    ...[shall not] be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard." 40 C.F.R. § 60.8(c). Similar exemptions apply with respect to NSPS opacity standards. See 40 C.F.R. § 60.11(c). Further, affected states and/or sources could challe......
  • COVID-19 and Environmental Compliance
    • United States
    • JD Supra United States
    • March 26, 2020
    ...to notify appropriate authorities in the event that a scheduled test must be delayed, and further discuss rescheduling the test. 40 CFR §§ 60.8(a)(1-4), 61.13(a)(3-6), 63.7(a)(4). If an owner or operator is going to assert a claim of force majeure, there are specific regulatory requirements......

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