(a) General procedures for compliance assessment. Compliance with this subpart will be determined by review of the records required by §63.1017 and the reports required by §63.1018, by review of performance test results, and by inspections.

(b) Alternative means of emission limitation. The provisions of paragraph (b) of this section do not apply to the performance standards of §63.1006(e)(4) for valves designated as having no detectable emissions, §63.1011(b) for pressure relief devices, or §63.1012(f) for compressors operating under the alternative compressor standard.

(1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§63.1005 through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this section. If the Administrator makes a determination that an alternative means of emission limitation is a permissible alternative, the owner or operator shall comply with the alternative.

(2) Permission to use an alternative means of emission limitation shall be governed by the following procedures in paragraphs (b)(3) through (b)(6) of this section.

(3) Where the standard is an equipment, design, or operational requirement the criteria specified in paragraphs (b)(3)(i) and (b)(3)(ii) shall be met.

(i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation.

(ii) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements.

(4) Where the standard is a work practice the criteria specified in paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.

(i) Each owner or operator applying for permission shall be responsible for collecting and verifying test data for an alternative means of emission limitation.

(ii) For each kind of equipment for which permission is requested, the emission reduction achieved by the alternative means of emission limitation shall be demonstrated.

(iii) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices.

(iv) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart.

(5) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation.

(6) If, in the judgement of the Administrator, an alternative means of emission limitation will be approved, the Administrator will publish a notice of the determination in the Federal Register.

(7)

(i) Manufacturers of equipment used to control equipment leaks of a regulated material may apply to the Administrator for permission for an alternative means of emission limitation that achieves a reduction in emissions of the regulated material achieved by the equipment, design, and operational requirements of this subpart.

(ii) The Administrator will grant permission according to the provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]