40 CFR § 60.38b - Compliance and performance testing.
---
identifier: "/us/cfr/t40/s60.38b"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 60.38b - Compliance and performance testing."
title_number: 40
title_name: "Protection of Environment"
section_number: "60.38b"
section_name: "Compliance and performance testing."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "60"
part_name: "STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "36 FR 24877, Dec. 23, 1971, unless otherwise noted."
cfr_part: "60"
---
# 60.38b Compliance and performance testing.
(a) For approval, a State plan shall include the performance testing methods listed in § 60.58b of subpart Eb of this part, as applicable, except as provided for under § 60.24(b)(2) of subpart B of this part and paragraphs (b) and (c) of this section.
(b) For approval, a State plan shall include for designated facilities the alternative performance testing schedule for dioxins/furans specified in § 60.58b(g)(5)(iii) of subpart Eb of this part, as applicable, for those designated facilities that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen.
(c) [Reserved]
[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45120, Aug. 25, 1997]