112(h)-Work Practice Standards

(h) Work Practice Standards and Other Requirements: Allows the EPA, in cases where it is not feasible to prescribe or enforce an emission standard [under Section 112(d) or (f)], to promulgate a design, equipment, work practice, or operational standard. Also allows an owner or operator to use an alternative means of emission reduction if it can be proven that an equal reduction in emissions of any HAP will be achieved.

The full text of CAA Section 112(h) follows:


  
(h) Work Practice Standards and Other Requirements.-  

     (1) In general.-  For purposes of this section, if it is not

  feasible in the judgment  of the Administrator to prescribe  or

  enforce an  emission standard  for control  of a  hazardous air

  pollutant  or  pollutants,  the  Administrator   may,  in  lieu

  thereof,  promulgate  a  design, equipment,  work  practice, or

  operational standard,  or  combination thereof,  which  in  the

  Administrator's judgment  is consistent with the  provisions of

  subsection  (d)   or  (f).  In  the   event  the  Administrator

  promulgates  a   design  or   equipment  standard   under  this

  subsection,  the Administrator  shall include  as part  of such

  standard such requirements as  will assure the proper operation

  and maintenance of any such element of design or equipment. 

     (2) Definition.-   For the purpose  of this subsection,  the

  phrase  "not  feasible  to  prescribe or  enforce  an  emission

  standard"  means  any  situation  in  which  the  Administrator

  determines that -  

       (A)  a hazardous  air  pollutant or  pollutants cannot  be

     emitted  through  a conveyance  designed and  constructed to

     emit or capture such pollutant, or that any requirement for,

     or  use of, such a conveyance would be inconsistent with any

     Federal, State or local law, or 

       (B)  the  application  of  measurement  methodology  to  a

     particular  class  of  sources  is not  practicable  due  to

     technological and economic limitations. 

     (3) Alternative standard.-   If after notice and opportunity

  for comment, the owner or operator of any source establishes to

  the satisfaction of the Administrator that an alternative means

  of emission limitation will achieve a reduction in emissions of

  any  air  pollutant at  least  equivalent to  the  reduction in

  emissions of such pollutant  achieved under the requirements of

  paragraph (1), the  Administrator shall permit the  use of such

  alternative by the source for purposes  of compliance with this

  section with respect to such pollutant. 

     (4) Numerical standard required.-   Any standard promulgated

  under  paragraph  (1) shall  be  promulgated  in  terms  of  an

  emission  standard whenever  it is  feasible to  promulgate and

  enforce a standard in such terms.

112(h)-Work Practice Standards

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