[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR61.12]



[Page 37]

 

                   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]