40 CFR § 63.5541 - When must I conduct subsequent performance tests?
---
identifier: "/us/cfr/t40/s63.5541"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 63.5541 - When must I conduct subsequent performance tests?"
title_number: 40
title_name: "Protection of Environment"
section_number: "63.5541"
section_name: "When must I conduct subsequent performance tests?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "63"
part_name: "NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES"
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: "57 FR 61992, Dec. 29, 1992, unless otherwise noted."
cfr_part: "63"
---
# 63.5541 When must I conduct subsequent performance tests?
(a) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commenced construction or reconstruction before September 9, 2019, a periodic performance test must be performed by July 2, 2023, and subsequent tests no later than 60 months thereafter.
(b) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commences construction or reconstruction after September 9, 2019, a periodic performance test must be performed no later than 60 months after the initial performance test required by § 63.5535, and subsequent tests no later than 60 months thereafter.
[85 FR 39995, July 2, 2020]