['Air Programs']
['Air Quality']
05/08/2024
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(a) If, in the Administrator's judgment, an alternative means of emission limitation will achieve a reduction in GHG and VOC emissions at least equivalent to the reduction in GHG and VOC emissions achieved under any design, equipment, work practice or operational standard, the Administrator will publish, in the Federal Register , a document permitting the use of that alternative means for the purpose of compliance with that standard. The document may condition permission on requirements related to the operation and maintenance of the alternative means.
(b) Any notice under paragraph (a) of this section must be published only after notice and an opportunity for a public hearing.
(c) The Administrator will consider applications under this section from either owners or operators of affected facilities, or manufacturers of control equipment.
(d) An application submitted under paragraph (c) of this section must meet the following criteria:
(1) The applicant must collect, verify and submit test data, covering a period of at least 12 months, necessary to support the finding in paragraph (a) of this section.
(2) The application must include operation, maintenance, and other provisions necessary to assure reduction in methane and VOC emissions at least equivalent to the reduction in methane and VOC emissions achieved under the design, equipment, work practice or operational standard in paragraph (a) of this section by including the information specified in paragraphs (d)(2)(i) through (x) of this section.
(i) A description of the technology or process.
(ii) The monitoring instrument and measurement technology or process.
(iii) A description of performance based procedures (i.e. method) and data quality indicators for precision and bias; the method detection limit of the technology or process.
(iv) The action criteria and level at which a fugitive emission exists.
(v) Any initial and ongoing quality assurance/quality control measures.
(vi) Timeframes for conducting ongoing quality assurance/quality control.
(vii) Field data verifying viability and detection capabilities of the technology or process.
(viii) Frequency of measurements.
(ix) Minimum data availability.
(x) Any restrictions for using the technology or process.
(3) The application must include initial and continuous compliance procedures including recordkeeping and reporting.
[85 FR 57071, Sep. 14, 2020; 89 FR 17040, March 8, 2024]
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