[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: 40CFR61.273]

[Page 178]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart Y_National Emission Standard for Benzene Emissions From Benzene 
                             Storage Vessels
 
Sec. 61.273  Alternative means of emission limitation.

    (a) Upon written application from any person, the Administrator may 
approve the use of alternative means of emission limitation which have 
been demonstrated to his satisfaction to achieve a reduction in benzene 
emissions at least equivalent to the reduction in emissions achieved by 
any requirement in Sec. 61.271 (a), (b), or (c) of this subpart.
    (b) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec. 61.271 (a), (b), or (c) will be 
evaluated using the following information to be included in the written 
application to the Administrator:
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all benzene emissions from a 
given control device, and that accurately simulate wind and account for 
other emission variables such as temperature and barometric pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (c) The Administrator may condition approval of equivalency on 
requirements that may be necessary to ensure operation and maintenance 
to achieve the same emission reduction as the requirements of Sec. 
61.271 (a), (b), or (c).
    (d) If, in the Administrator's judgment, an application for 
equivalence may be approvable, the Administrator will publish a notice 
of preliminary determination in the Federal Register and provide the 
opportunity for public hearing. After notice and opportunity for public 
hearing, the Administrator will determine the equivalence of the 
alternative means of emission limitation and will publish the final 
determination in the Federal Register.