[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.102]

[Page 69]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65 - CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                    Subpart F - Equipment Leaks
 
Sec. 65.102  Alternative means of emission limitation.

    (a) Performance standard exemption. The provisions of paragraph (b) 
of this section do not apply to the performance standards of 
Sec. 65.111(b) for pressure relief devices or Sec. 
65.112(f) for compressors operating under the alternative compressor 
standard.
    (b) Requests by owners or operators. An owner or operator may 
request a determination of alternative means of emission limitation to 
the requirements of Sec.Sec. 65.106 through 65.115 
as provided in paragraph (d) of this section. If the Administrator makes 
a determination that a means of emission limitation is a permissible 
alternative, the owner or operator shall either comply with the 
alternative or comply with the requirements of 
Sec.Sec. 65.106 through 65.115.
    (c) Requests by manufacturers of equipment. (1) Manufacturers of 
equipment used to control equipment leaks of a regulated material may 
apply to the Administrator for approval of an alternative means of 
emission limitation that achieves a reduction in emissions of the 
regulated material equivalent to the reduction achieved by the 
equipment, design, and operational requirements of this subpart.
    (2) The Administrator will grant permission according to the 
provisions of paragraph (d) of this section.
    (d) Permission to use an alternative means of emission limitation. 
Permission to use an alternative means of emission limitation shall be 
governed by the procedures in paragraph (d)(1) through (4) of this 
section.
    (1) Where the standard is an equipment, design, or operational 
requirement, the following requirements apply:
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying emission performance test data for an 
alternative means of emission limitation.
    (ii) The Administrator will compare test data for the means of 
emission limitation to test data for the equipment, design, and 
operational requirements.
    (iii) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve at 
least the same emission reduction as the equipment, design, and 
operational requirements of this subpart.
    (2) Where the standard is a work practice, the following 
requirements apply:
    (i) Each owner or operator applying for permission to use an 
alternative means of emission limitation shall be responsible for 
collecting and verifying test data for the alternative.
    (ii) The owner or operator shall demonstrate the emission reduction 
achieved by the required work practice and the proposed alternative 
means of emission limitation.
    (iii) 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 (d)(2)(iv) of this section.
    (iv) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same or greater emission reduction as the required work practices of 
this subpart.
    (3) An owner or operator may offer a unique approach to demonstrate 
the alternative means of emission limitation.
    (4) If in the judgment of the Administrator an alternative means of 
emission limitation will be approved, the Administrator will publish a 
notice of the determination in the Federal Register using the procedures 
pursuant to Sec. 65.8(a).