[Title 40 CFR 60.484]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart Vv - Standards of Performance for Equipment Leaks of VOC in the]
[Sec. 60.484 - Equivalence of means of emission limitation.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.484Sec. 60.484PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Equipment Leaks of VOC in the
Sec. 60.484  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
may apply to the Administrator for determination of equivalence for any 
means of emission limitation that achieves a reduction in emissions of 
VOC at least equivalent to the reduction in emissions of VOC achieved by 
the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence determination 
shall be responsible for collecting and verifying test data to 
demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction achieved by the 
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide for 
emission reductions equal to or greater than the emission reductions 
achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction

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for the equivalent means of emission limitation to the demonstrated 
emission reduction for the required work practices and will consider the 
commitment in paragraph (c)(4).
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is received, 
the Administrator will publish a notice in the Federal Register and 
provide the opportunity for public hearing if the Administrator judges 
that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent 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 
Clean Air Act.
    (f)(1) Manufacturers of equipment used to control equipment leaks of 
VOC may apply to the Administrator for determination of equivalence for 
any equivalent means of emission limitation that achieves a reduction in 
emissions of VOC achieved by the equipment, design, and operational 
requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of this 
section.

[48 FR 48335, Oct. 18, 1983, as amended at 65 FR 61762, Oct. 17, 2000; 
72 FR 64882, Nov. 16, 2007]