---
kind: "section"
citation: "40 C.F.R. § 61.136"
title: "40"
number: "61.136"
heading: "Compliance provisions and alternative means of emission limitation."
url: "https://uscodex.org/cfr/40/61.136"
---

# §61.136. Compliance provisions and alternative means of emission limitation.

- (a) Each owner or operator subject to the provisions of this subpart shall demonstrate compliance with the requirements of [§§ 61.132 through 61.135](/cfr/40/61.132..61.135.md) for each new and existing source, except as provided under §§ [61.243-1](/cfr/40/61.243-1.md) and [61.243-2](/cfr/40/61.243-2.md).
- (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 [§ 61.137](/cfr/40/61.137.md).
- (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 §§ [61.132](/cfr/40/61.132.md), [61.133](/cfr/40/61.133.md), and [61.135](/cfr/40/61.135.md) of this subpart and §§ [61.242-2, -5](/cfr/40/61.242-2..5.md), -[6, -7](/cfr/40/6..7.md), -[8](/cfr/40/8.md), and -11 of subpart V. Permission to use an alternative means of emission limitation shall be requested as specified in [§ 61.12(d)](/cfr/40/61.12.md?p=d).
  - (2) When the Administrator evaluates requests for permission to use alternative means of emission limitation for sources subject to §§ [61.132](/cfr/40/61.132.md) and [61.133](/cfr/40/61.133.md) (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 [§ 61.135](/cfr/40/61.135.md), the provisions of [§ 61.244(c)](/cfr/40/61.244.md?p=c) shall apply.

## Notes

### Source

Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.