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Subpart 202-1: Emissions Testing, Sampling and Analytical Determinations

(Statutory authority: Environmental Conservation Law, §§ 3-0301, 19-0301, 19-0303, 19-0305, 72-0303)

[Filed 8/31/10. Effective 30 days after filing.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Stationary Sources at (518) 402-8403 is the contact for technical questions pertaining to this rule.



§202-1.1 Required emissions tests

For the purpose of ascertaining compliance or non-compliance with any air pollution control code, rule or regulation, the department may require the person who owns such air contamination source to submit an acceptable report of measured emissions within a stated time. Such person shall bear the cost of measurement and preparing the report of measured emissions.

§202-1.2 Notification

Unless otherwise specified in an applicable requirement or in a term or condition of the operating permit for the subject air contamination source, a person who is required by the department to submit a stack test report shall notify the department, in writing, not less than 30 days prior to the test, of the time and date of the test. Such notification shall also include the acceptable procedures to be used to stack test including sampling and analytical procedures. Such person shall allow a representative of the department, free access to observe stack testing being conducted by such person.

§202-1.3 Acceptable procedures

(a) Emission testing, sampling and analytical determinations to ascertain compliance with this Subchapter shall be conducted in accordance with test methods acceptable to the department. The Reference Methods contained in 40 CFR part 51, appendix M, 40 CFR part 60, appendix A, 40 CFR part 61, appendix B and 40 CFR part 63, appendix A (see Table 1, section 200.9 of this Title) and all future technical revisions, additions or corrections made thereto shall be considered as acceptable test methods for those sources and contaminants for which they are expressly applicable, except where the department has issued a specific method to be used instead of a Reference Method contained in these Federal regulations or where the department determines that one or more alternate methods are also acceptable. The person who owns or operates an air contamination source shall submit the emission test report in triplicate to the department within 60 days after the completion of tests. In the event such source owner/operator can demonstrate to the department such time is not sufficient, the source owner/operator may submit a request in writing and be granted an extension. Where an opacity emission standard is applicable to the source tested, the emission test report shall include the opacity observation.

(b) Alternative emission test methods or deviations from acceptable test methods may be acceptable to the department if the character of the test site or the emissions makes it impractical to utilize acceptable test methods or where no applicable test method is available. In such cases, the source owner/operator shall secure prior written acceptance by the department of any proposed alternative emission test method. Requests for such prior acceptance shall include justification for substituting the alternative emission test method.

§202-1.4 Separate emission tests by the department

(a) For the purpose of ascertaining compliance with any air pollution control code, rule or regulation, the department may conduct separate or additional emission tests on behalf of the State. Any person who owns/operates an air contamination source, when requested by the department, shall operate the source in the manner specified by the department, for the purpose of obtaining valid test data and, where possible, shall provide sampling holes, scaffolding and other pertinent allied facilities required for emission testing. Such person shall bear the costs of such facilities.

(b) If a person who owns an air contamination source fails to provide sampling holes, scaffolding and other pertinent allied facilities required for emission testing, the department may then provide such facilities, and such person shall bear the costs.

§202-1.5 Prohibitions

No person shall conceal an emission by the use of air or other gaseous diluents (diluting agents) to achieve compliance with an emission standard which is based on the concentration of a contaminant in the gases emitted through a stack.