[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.12]

[Page 34]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 61.12  Compliance with standards and maintenance requirements.

    (a) Compliance with numerical emission limits shall be determined in 
accordance with emission tests established in Sec. 61.13 or as 
otherwise specified in an individual subpart.
    (b) Compliance with design, equipment, work practice or operational 
standards shall be determined as specified in an individual subpart.
    (c) The owner or operator of each stationary source shall maintain 
and operate the source, including associated equipment for air pollution 
control, in a manner consistent with good air pollution control practice 
for minimizing emissions. Determination of whether acceptable operating 
and maintenance procedures are being used will be based on information 
available to the Administrator which may include, but is not limited to, 
monitoring results, review of operating and maintenance procedures, and 
inspection of the source.
    (d)(1) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions of a pollutant 
from a source at least equivalent to the reduction in emissions of that 
pollutant from that source achieved under any design, equipment, work 
practice or operational standard, the Administrator will publish in the 
Federal Register a notice permitting the use of the alternative means 
for purposes of compliance with the standard. The notice will restrict 
the permission to the source(s) or category(ies) of sources on which the 
alternative means will achieve equivalent emission reductions. The 
notice may condition permission on requirements related to the operation 
and maintenance of the alternative means.
    (2) Any notice under paragraph (d)(1) shall be published only after 
notice and an opportunity for a hearing.
    (3) Any person seeking permission under this subsection shall, 
unless otherwise specified in the applicable subpart, submit a proposed 
test plan or the results of testing and monitoring, a description of the 
procedures followed in testing or monitoring, and a description of 
pertinent conditions during testing or monitoring.
    (e) For the purpose of submitting compliance certifications or 
establishing whether or not a person has violated or is in violation of 
any standard in this part, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test had been performed.

[50 FR 46292, Nov. 7, 1985, as amended 62 FR 8328, Feb. 24, 1997]