Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 61  /  Sec. 61.136 Compliance provisions and alternative means of emission

(a) Each owner or operator subject to the provisions of this subpart shall demonstrate compliance with the requirements of Secs. 61.132 through 61.135 for each new and existing source, except as provided under Secs. 61.243-1 and 61.243-2.

(b) Compliance with this subpart shall be determined by a review of records, review of performance test results, inspections, or any combination thereof, using the methods and procedures specified in Sec. 61.137.

(c) On the first January 1 after the first year that a plant's annual coke production is less than 75 percent foundry coke, the coke by-product recovery plant becomes a furnace coke by-product recovery plant and shall comply with 61.132(d). Once a plant becomes a furnace coke by-product recovery plant, it will continue to be considered a furnace coke by-product recovery plant, regardless of the coke production in subsequent years.

(d)(1) An owner or operator may request permission to use an alternative means of emission limitation to meet the requirements in Secs. 61.132, 61.133, and 61.135 of this subpart and Secs. 61.242-2, -5, -6, -7, -8, and -11 of subpart V. Permission to use an alternative means of emission limitation shall be requested as specified in Sec. 61.12(d).

(1) An owner or operator may request permission to use an alternative means of emission limitation to meet the requirements in Secs. 61.132, 61.133, and 61.135 of this subpart and Secs. 61.242-2, -5, -6, -7, -8, and -11 of subpart V. Permission to use an alternative means of emission limitation shall be requested as specified in Sec. 61.12(d).

(2) When the Administrator evaluates requests for permission to use alternative means of emission limitation for sources subject to Secs. 61.132 and 61.133 (except tar decanters) the Administrator shall compare test data for the means of emission limitation to a benzene control efficiency of 98 percent. For tar decanters, the Administrator shall compare test data for the means of emission limitation to a benzene control efficiency of 95 percent.

(3) For any requests for permission to use an alternative to the work practices required under Sec. 61.135, the provisions of Sec. 61.244(c) shall apply.