['Air Programs']
['Air Quality']
05/09/2024
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This section provides procedures for the submittal and approval of alternative means of emission limitation for GHG and VOC based on work practices for well completions, liquids unloading operations, centrifugal compressors, reciprocating compressors, fugitive emissions components and process unit equipment affected facilities. This section also provides procedures for the submittal and approval of alternative fugitive emissions standards based on programs under state, local, or Tribal authorities for the fugitive emissions components affected facility. Paragraphs (a) through (d) of this section outline the procedure for submittal and approval of alternative means of emission limitation for methane and VOC. Paragraphs (e) through (i) of this section outline the procedure for submittal and approval of alternative fugitive emissions standards. The requirements for a monitoring plan specified in §60.5397b(c) and (d) apply to the alternative fugitive emissions standards in this section.
(a) Alternative means of emission limitation. If, in the Administrator's judgment, an alternative means of emission limitation will achieve a reduction in methane and VOC emissions at least equivalent to the reduction in methane and VOC emissions achieved under §60.5375b, §60.5376b, §60.5380b, §60.5385b, §60.5397b, §60.5400b, or §60.5401b, the Administrator will publish, in the Federal Register , a notice permitting the use of that alternative means for the purpose of compliance with §60.5375b, §60.5376b, §60.5380b, §60.5385b, §60.5397b, §60.5400b, or §60.5401b. The authority to approve an alternative means of emission limitation is retained by the Administrator and shall not be delegated to States under section 111(c) of the CAA.
(b) Notice. Any notice under paragraph (a) of this section must be published only after notice and an opportunity for a public hearing.
(c) Evaluation guidelines. Determination of equivalence to the design, equipment, work practice, or operational requirements of this section will be evaluated by the following guidelines:
(1) The applicant must provide information that is sufficient for demonstrating the alternative means of emission limitation achieves emission reductions that are at least equivalent to the emission reductions that would be achieved by complying with the relevant standards. At a minimum, the application must include the following information:
(i) Details of the specific equipment or components that would be included in the alternative.
(ii) A description of the alternative work practice, including, as appropriate, the monitoring method, monitoring instrument or measurement technology, and the data quality indicators for precision and bias.
(iii) The method detection limit of the technology, technique, or process and a description of the procedures used to determine the method detection limit. At a minimum, the applicant must collect, verify, and submit field data encompassing seasonal variations to support the determination of the method detection limit. The field data may be supplemented with modeling analyses, controlled test site data, or other documentation.
(iv) Any initial and ongoing quality assurance/quality control measures necessary for maintaining the technology, technique, or process, and the timeframes for conducting such measures.
(v) Frequency of measurements. For continuous monitoring techniques, the minimum data availability.
(vi) Any restrictions for using the technology, technique, or process.
(vii) Initial and continuous compliance procedures, including recordkeeping and reporting, if the compliance procedures are different than those specified in this subpart.
(2) For each technology, technique, or process for which a determination of equivalency is requested, the application must provide a demonstration that the emission reduction achieved by the alternative means of emission limitation is at least equivalent to the emission reduction that would be achieved by complying with the relevant standards in this subpart.
(d) Approval of alternative means of emission limitation. Any alternative means of emission limitations approved under this section shall constitute a required work practice, equipment, design, or operational standard within the meaning of section 111(h)(1) of the CAA.
(e) Alternative fugitive emissions standards. If, in the Administrator's judgment, an alternative fugitive emissions standard will achieve a reduction in methane and VOC emissions at least equivalent to the reductions achieved under §60.5397b, the Administrator will publish, in the Federal Register , a notice permitting use of the alternative fugitive emissions standard for the purpose of compliance with §60.5397b. The authority to approve alternative fugitive emissions standards is retained by the Administrator and shall not be delegated to States under section 111(c) of the CAA.
(f) Notice. Any notice under paragraph (e) of this section will be published only after notice and an opportunity for public hearing.
(g) Evaluation guidelines. Determination of alternative fugitive emissions standards to the design, equipment, work practice, or operational requirements of §60.5397b will be evaluated by the following guidelines:
(1) The monitoring instrument, including the monitoring procedure;
(2) The monitoring frequency;
(3) The fugitive emissions definition;
(4) The repair requirements; and
(5) The recordkeeping and reporting requirements.
(h) Approval of alternative fugitive emissions standard. Any alternative fugitive emissions standard approved under this section shall:
(1) Constitute a required design, equipment, work practice, or operational standard within the meaning of section 111(h)(1) of the CAA; and
(2) Be made available for use by any owner or operator in meeting the relevant standards and requirements established for affected facilities under §60.5397b.
(i) Notification. (1) An owner or operator must notify the Administrator of adoption of the alternative fugitive emissions standards within the first annual report following implementation of the alternative fugitive emissions standard, as specified in §60.5420b(a)(3).
(2) An owner or operator implementing one of the alternative fugitive emissions standards must submit the reports specified in §60.5420b(b)(9)(iii). An owner or operator must also maintain the records specified by the specific alternative fugitive emissions standard for a period of at least 5 years.
[89 FR 17043, Mar. 8, 2024]
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