[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: 40CFR61.244]

[Page 165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
   Subpart V_National Emission Standard for Equipment Leaks (Fugitive 
                            Emission Sources)
 
Sec. 61.244  Alternative means of emission limitation.

    (a) Permission to use an alternative means of emission limitation 
under section 112(e)(3) of the Clean Air Act shall be governed by the 
following procedures:
    (b) Where the standard is an equipment, design, or operational 
requirement:
    (1) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation to test data for the equipment, design, and 
operational requirements.
    (2) The Administrator may condition the permission on requirements 
that may be necessary to assure operation and maintenance to achieve the 
same emission reduction as the equipment, design, and operational 
requirements.
    (c) Where the standard is a work practice:
    (1) Each owner or operator applying for permission shall be 
responsible for collecting and verifying test data for an alternative 
means of emission limitation.
    (2) For each source for which permission is requested, the emission 
reduction achieved by the required work practices shall be demonstrated 
for a minimum period of 12 months.
    (3) For each source for which permission is requested, the emission 
reduction achieved by the alternative means of emission limitation shall 
be demonstrated.
    (4) Each owner or operator applying for permission shall commit in 
writing each source to work practices that provide for emission 
reductions equal to or greater than the emission reductions achieved by 
the required work practices.
    (5) The Administrator will compare the demonstrated emission 
reduction for the alternative means of emission limitation to the 
demonstrated emission reduction for the required work practices and will 
consider the commitment in paragraph (c)(4).
    (6) The Administrator may condition the permission on requirements 
that may be necessary to assure operation and maintenance to achieve the 
same emission reduction as the required work practices of this subpart.
    (d) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (e)(1) Manufacturers of equipment used to control equipment leaks of 
a VHAP may apply to the Administrator for permission for an alternative 
means of emission limitation that achieves a reduction in emissions of 
the VHAP achieved by the equipment, design, and operational requirements 
of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraphs (b), (c), and (d).

[49 FR 23513, June 6, 1984, as amended at 65 FR 62158, Oct. 17, 2000]