§ 9-12-23. Test methods.

A.

Any of the following promulgated test methods may be performed for the purpose of demonstrating compliance with this chapter; for the purpose of submission of a compliance certification by a source; or for the purpose of establishing whether any person, owner or operator has violated any provision of this chapter, of a permit issued hereunder, or of a compliance plan entered by any person, owner or operator; so long as the effective date of the promulgated test method used is the date closest in time to the date of test performance; and so long as the test meets the applicability criteria in the test method itself:

1.

Title 40 Code of Federal Regulations Part 51, Appendix M - Recommended Test Methods for State Implementation Plans.

2.

Title 40 Code of Federal Regulations Part 51, Appendix P - Minimum Emission Monitoring Requirements.

3.

Title 40 Code of Federal Regulations Part 51, Appendix W - Guideline on Air Quality Models and Appendices A, B and C to Appendix W.

4.

Title 40 Code of Federal Regulations Part 60, Appendix A - Test Methods.

5.

Title 40 Code of Federal Regulations Part 60, Appendix B - Performance Specifications.

6.

Title 40 Code of Federal Regulations Part 60, Appendix C - Determination of Emission Rate Change.

7.

Title 40 Code of Federal Regulations Part 60, Appendix F - Quality Assurance.

8.

Title 40 Code of Federal Regulations Part 61, Appendix A - National Emission Standards for Hazardous Air Pollutants, Compliance Status Information.

9.

Title 40 Code of Federal Regulations Part 61, Appendix B - Test Methods.

10.

Title 40 Code of Federal Regulations Part 61, Appendix C - Quality Assurance Procedures.

11.

Title 40 Code of Federal Regulations Part 61, Appendix D - Methods for Estimating Radionuclide Emissions.

12.

Title 40 Code of Federal Regulations Part 61, Appendix E - Compliance Procedures Methods for Determining Compliance with Subpart I.

13.

Title 40 Code of Federal Regulations Part 63, Appendix A - Test Methods.

14.

Title 40 Code of Federal Regulations Part 63, Appendix C - Determination of the Fraction Biodegraded (F _bio ) In A Biological Treatment Unit.

15.

Title 40 Code of Federal Regulations Part 63, Appendix D - Alternative Validation Procedure For EPA Waste and Wastewater Methods.

16.

Title 40 Code of Federal Regulations Part 75, Appendices A through I - Continuous Emissions Monitoring.

17.

Title 40 Code of Federal Regulations Part 136 - Guidelines Establishing Test Procedures for the Analysis of Pollutants and Appendices A, B, C and D.

B.

Where specific materials, equipment, or procedures are specified in a test method promulgated in the Code of Federal Regulations, it shall only be permissible to use other materials, equipment or procedures where the U.S. EPA Administrator: (1) specifies or approves, in specific cases, the use of reference method with minor changes in methodology; (2) approves the use of an equivalent method; (3) approves the use of an alternate method the results of which the administrator has determined to be adequate for indicating whether a specific source is in compliance; (4) waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the administrator's satisfaction that the affected facility is in compliance with the standard; or (5) approves shorter sampling times and smaller sampling volumes when necessary by process variables or other factors. Nothing in section 9-12-22 or this section shall be construed to abrogate the administrator's authority to require testing under section 114 of the Clean Air Act or the Technical Secretary's authority to require testing under the Tennessee Air Quality Act or the health officer's authority to require testing under this air pollution control code. For those air contaminants for which a test method has not been promulgated in the Code of Federal Regulations, the proposed test method shall be approved in advance by the health officer.

C.

Unless otherwise specified in the test method, each performance test shall consist of three separate runs using the applicable test method. Each test run shall be conducted for the time and under the conditions specified in the applicable test method. For the purpose of determining compliance with an applicable standard, the arithmetic mean of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs 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 operator's control, compliance may, upon the administrator's approval, be determined using the arithmetic mean of the results of the two other runs.

D.

Any of the following U.S. EPA Administrator approved alternative test methods may be performed for the purpose of demonstrating compliance with this air pollution control ordinance; for the purpose of submission of a compliance certification by a source; or for the purpose of establishing whether any person, owner, or operator has violated any provision of this chapter, of a permit issued hereunder, or of a compliance plan entered by any person, owner or operator; so long as the administrator approval is in effect on the date of test performance; and so long as the test meets the applicability criteria in the test method itself:

1.

Alternative test methods approved by the administrator or designee in the Code of Federal Regulations; and

2.

Alternative test methods approved by the administrator or designee and posted on the U.S. Environmental Protection Agency Internet website at http://www.epa.gov/ttn//emc/approalt.html.

E.

Any of the following U.S. EPA Administrator approved conditional test methods may be performed for the purpose of demonstrating compliance with this air pollution control chapter; for the purpose of submission of a compliance certification by a source; or for the purpose of establishing whether any person, owner, or operator has violated any provision of this chapter, of a permit issued hereunder, or of a compliance plan entered by any person, owner or operator; so long as the test meets the applicability criteria in the test method itself and provided that they are subject to both a U.S. Environmental Protection Agency permit veto opportunity and public notice and opportunity for public comment before test performance:

1.

Conditional test methods approved by the administrator or designee in the Code of Federal Regulations; and

2.

Conditional test methods approved by the administrator or designee and posted on the U.S. Environmental Protection Agency Internet website at http://www.epa.gov/ttn/emc/ctm.html.

F.

Performance tests shall be conducted under representative performance conditions of the tested air contaminant source(s) for which compliance is to be demonstrated by the test. Samples shall be taken in such number, duration and location as to be statistically significant and representative of performance conditions for which compliance is to be demonstrated by the test. Unless otherwise specified in the test method, each performance test shall be corrected to standard conditions, defined as a temperature of 293 K (68° F) and a pressure of 101.3 kilopascals (29.92 in Hg). Emissions may have to be retested upon request of the health officer if the maximum production rate that occurred during compliance testing is exceeded by ten percent or more. The owner or operator shall make available to the health officer such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and upsets that qualify for the affirmative defense of "malfunction" or "emergency", as those terms are defined in this air pollution control code, shall not constitute representative conditions for the purpose of a performance test nor shall emissions in excess of the level of the applicable emission limit during periods of startup, shutdown, and upsets that qualify for the affirmative defense of "malfunction" or "emergency", as those terms are defined in this air pollution control code, be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.

G.

The owner or operator of an air contaminant source to be tested shall provide the health officer at least 30 days' prior written notice of any performance test and the test protocol form, except as otherwise specified in a promulgated test method, to afford the health officer the opportunity to have an observer present and to approve the test protocol. The health officer shall complete review of such submitted test protocol form and shall provide the source written notice of any changes required or any additional test(s) required at least ten calendar days prior to the test date, absent extraordinary circumstances. If there is a subsequent delay in conducting the scheduled performance test, the owner or operator of the source to be tested shall notify the health officer as soon as practicable of any delay in the original test date, either by providing at least seven days prior notice of the rescheduled date of the performance test or by arranging a rescheduled date by mutual agreement.

H.

The owner or operator of an air contaminant source shall provide, or shall cause to be provided, performance testing facilities as follows:

1.

Sampling ports adequate for performance of test methods applicable to such source or facility. This includes 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 and providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures;

2.

Safe sampling platform(s) for the person performing the test and for the health officer's designated observer; and

3.

Safe access to sampling platform(s) and sampling ports for the person performing the test and for the health officer's designated observer;

4.

Utilities for sampling and testing equipment; and

5.

Such other sampling and testing facilities as the health officer may require.

I.

The test methods in Title 40 Code of Federal Regulations Part 50 and Appendices A, B, C, D, F, G, H, I, J, K, L, M, and N, shall be performed for the purpose of determining compliance with the National Primary and Secondary Ambient Air Quality Standards. Three copies of 40 CFR Part 50 are on file at the Shelby County clerk's office. For those air contaminants for which the EPA has established reference and equivalent monitoring methods, the use of alternative sampling procedures shall be approved by the health officer and EPA. For those air contaminants for which the EPA has not established reference and equivalent 'methods, the use of alternative sampling procedures shall be approved by the health officer. The procedure for sampling and analyzing atmospheric fluorides shall conform with the method adopted by the American Society for Testing Materials found in the Annual Book of ASTM Standards published each year by the American Society for Testing Materials with a designation of D3266 "Standard Test Method for Automated Separation and Collection of Particulate and Acidic Fluoride in the Atmosphere ('Double Paper Tape Sampler Method')." Each ambient monitor sited in the field for the purpose of determining compliance with the National Primary and Secondary Ambient Air Quality Standards must meet the data completeness requirements in 40 CFR Part 50 and Appendices. Information that documents the cause of missing data shall be submitted in writing to the Technical Secretary for all missing data.

J.

Each owner or operator of an air monitoring network required by the health officer shall submit in writing to the health officer a quality control/quality assurance plan for approval prior to commencing air monitoring. This plan shall be reviewed and approved prior to start-up of new monitoring networks or whenever any significant change is made to an existing network. The health officer will determine if a change that is made is significant. All ambient monitoring data generated by continuous operating monitors shall be submitted on magnetic media in a format acceptable to the Technical Secretary. All ambient monitoring data generated by intermittent sampling techniques shall be submitted in a format acceptable to the health officer.

(Code 1967, § 3-8; Code 1985, § 16-86; Ord. No. 1265, § 1, 4-25-1972; Ord. No. 2921, § 1(3), 10-9-1979; Ord. No. 4320, § 16, 5-2-1995; Ord. No. 4636, § 17, 12-15-1998; Ord. No. 4867, § 1, 6-19-2001; Ord. No. 4981, § 12, 12-17-2002; Ord. No. 5041, § 1(11), 2004)