The Environmental Protection Administration (EPA) is proposing to allow owners of certain facilities to request a time extension for conducting performance tests of air pollution controls in times of an emergency, such as an act of nature or other event beyond the control of the facility.
In the case of such an emergency, or "force majeure," the facility owner would provide the EPA with the rationale for the delay in performance testing, measures taken to minimize the delay and an anticipated date for when the performance test would be conducted. The proposal would still require owners and operators to conduct performance tests as soon as possible after an emergency.
The proposal would revise EPA's General Provisions rules applying to facilities that must comply with air toxics regulations. The General Provisions establish a common set of requirements for developing rules or standards to regulate emissions of toxic air pollutants.