[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.8]

[Page 37-38]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 65.8  Procedures for approval of alternative means of emission 
limitation.

    (a) Alternative means of emission limitation. An owner or operator 
may request a determination of equivalence for an alternative means of 
emission limitation to the requirements of design, equipment, work 
practice, or operational standards of this part. If, in the judgment of 
the Administrator, an alternative means of emission limitation will 
achieve a reduction in regulated material emissions at least equivalent 
to the reduction in emissions from that source achieved under any 
design, equipment, work practice, or operational standards (but not 
performance standards) in this part, the Administrator will publish in 
the Federal Register a notice permitting the use of the alternative 
means for purposes of compliance with that requirement.
    (1) The notice may condition the permission on requirements related 
to the operation and maintenance of the alternative means.
    (2) Any such notice shall be published only after public notice and 
an opportunity for a hearing.
    (b) Content of submittal. (1) In order to obtain approval, any 
person seeking permission to use an alternative means of compliance 
under this section shall collect, verify, and submit to the 
Administrator information showing that the alternative means achieves 
equivalent emission reductions. An owner or operator seeking permission 
to use an alternative means of compliance who has not previously 
performed testing shall also submit a proposed test plan. If the owner 
or operator seeks permission to use an alternative means of compliance 
based on previously performed testing, they shall submit the results of 
that testing, a description of the procedures followed in testing or 
monitoring, and a description of pertinent conditions during testing or 
monitoring.
    (2) The owner or operator who requests an alternative means of 
emission limitation shall submit a description of the proposed testing, 
monitoring, recordkeeping, and reporting that will be used and the 
proposed basis for demonstrating compliance.
    (3) For storage vessels, the owner or operator shall include the 
results of actual emissions tests using full-size or scale-model storage 
vessels that accurately collect and measure all regulated material 
emissions using a given control technique, and that accurately simulate 
wind and account for other emission variables such as temperature and 
barometric pressure, or an engineering analysis that the Administrator 
determines is an accurate method of determining equivalence.
    (4) For proposed alternatives to equipment leak requirements, the 
owner or operator shall also submit the information and meet the 
requirements for alternative means of emission limitation specified in 
Sec. 65.102(b) (alternative means of emission limitation).
    (c) Manufacturers of equipment used to control equipment leaks of a 
regulated material may request a determination of equivalence for an 
alternative means of emission limitation

[[Page 38]]

for equipment leaks, as specified in Sec. 65.102(c).
    (d) Compliance. If the Administrator makes a determination that a 
means of emission limitation is a permissible alternative to the 
requirements of design, equipment, work practice, or operational 
standards of this part, the owner or operator shall either comply with 
the alternative or comply with the requirements of this part.