[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.10]

[Page 28-30]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 61.10  Source reporting and waiver request.

    (a) The owner or operator of each existing source or each new source 
which had an initial startup before the effective date shall provide the 
following information in writing to the Administrator within 90 days 
after the effective date:
    (1) Name and address of the owner or operator.
    (2) The location of the source.
    (3) The type of hazardous pollutants emitted by the stationary 
source.
    (4) A brief description of the nature, size, design, and method of 
operation of the stationary source including the operating design 
capacity of the source.

[[Page 29]]

Identify each point of emission for each hazardous pollutant.
    (5) The average weight per month of the hazardous materials being 
processed by the source, over the last 12 months preceding the date of 
the report.
    (6) A description of the existing control equipment for each 
emission point including--
    (i) Each control device for each hazardous pollutant; and
    (ii) Estimated control efficiency (percent) for each control device.
    (7) A statement by the owner or operator of the source as to whether 
the source can comply with the standards within 90 days after the 
effective date.
    (b) The owner or operator of an existing source unable to comply 
with an applicable standard may request a waiver of compliance with that 
standard for a period not exceeding 2 years after the effective date. 
Any request shall be in writing and shall include the following 
information:
    (1) A description of the controls to be installed to comply with the 
standard.
    (2) A compliance schedule, including the date each step toward 
compliance will be reached. The list shall include as a minimum the 
following dates:
    (i) Date by which contracts for emission control systems or process 
changes for emission control will be awarded, or date by which orders 
will be issued for the purchase of component parts to accomplish 
emission control or process changes;
    (ii) Date of initiation of onsite construction or installation of 
emission control equipment or process change;
    (iii) Date by which onsite construction or installation of emission 
control equipment or process change is to be completed; and
    (iv) Date by which final compliance is to be achieved.
    (3) A description of interim emission control steps which will be 
taken during the waiver period.
    (c) Any change in the information provided under paragraph (a) of 
this section or Sec. 61.07(b) shall be provided to the Administrator 
within 30 days after the change. However, if any change will result from 
modification of the source, Secs. 61.07(c) and 61.08 apply.
    (d) A possible format for reporting under this section is included 
as appendix A of this part. Advice on reporting the status of compliance 
may be obtained from the Administrator.
    (e) For the purposes of this part, time periods specified in days 
shall be measured in calendar days, even if the word ``calendar'' is 
absent, unless otherwise specified in an applicable requirement.
    (f) For the purposes of this part, if an explicit postmark deadline 
is not specified in an applicable requirement for the submittal of a 
notification, application, report, or other written communication to the 
Administrator, the owner or operator shall postmark the submittal on or 
before the number of days specified in the applicable requirement. For 
example, if a notification must be submitted 15 days before a particular 
event is scheduled to take place, the notification shall be postmarked 
on or before 15 days preceding the event; likewise, if a notification 
must be submitted 15 days after a particular event takes place, the 
notification shall be postmarked on or before 15 days following the end 
of the event. The use of reliable non-Government mail carriers that 
provide indications of verifiable delivery of information required to be 
submitted to the Administrator, similar to the postmark provided by the 
U.S. Postal Service, or alternative means of delivery agreed to by the 
permitting authority, is acceptable.
    (g) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. 
Procedures governing the implementation of this provision are specified 
in paragraph (j) of this section.
    (h) If an owner or operator of a stationary source in a State with 
delegated authority is required to submit reports under this part to the 
State, and if the State has an established timeline for the submission 
of reports that is consistent with the reporting frequency(ies) 
specified for such source

[[Page 30]]

under this part, the owner or operator may change the dates by which 
reports under this part shall be submitted (without changing the 
frequency of reporting) to be consistent with the State's schedule by 
mutual agreement between the owner or operator and the State. The 
allowance in the previous sentence applies in each State beginning 1 
year after the source is required to be in compliance with the 
applicable subpart in this part. Procedures governing the implementation 
of this provision are specified in paragraph (j) of this section.
    (i) If an owner or operator supervises one or more stationary 
sources affected by standards set under this part and standards set 
under part 60, part 63, or both such parts of this chapter, he/she may 
arrange by mutual agreement between the owner or operator and the 
Administrator (or the State with an approved permit program) a common 
schedule on which reports required by each applicable standard shall be 
submitted throughout the year. The allowance in the previous sentence 
applies in each State beginning 1 year after the source is required to 
be in compliance with the applicable subpart in this part, or 1 year 
after the source is required to be in compliance with the applicable 
part 60 or part 63 standard, whichever is latest. Procedures governing 
the implementation of this provision are specified in paragraph (j) of 
this section.
    (j)(1)(i) Until an adjustment of a time period or postmark deadline 
has been approved by the Administrator under paragraphs (j)(2) and 
(j)(3) of this section, the owner or operator of an affected source 
remains strictly subject to the requirements of this part.
    (ii) An owner or operator shall request the adjustment provided for 
in paragraphs (j)(2) and (j)(3) of this section each time he or she 
wishes to change an applicable time period or postmark deadline 
specified in this part.
    (2) Notwithstanding time periods or postmark deadlines specified in 
this part for the submittal of information to the Administrator by an 
owner or operator, or the review of such information by the 
Administrator, such time periods or deadlines may be changed by mutual 
agreement between the owner or operator and the Administrator. An owner 
or operator who wishes to request a change in a time period or postmark 
deadline for a particular requirement shall request the adjustment in 
writing as soon as practicable before the subject activity is required 
to take place. The owner or operator shall include in the request 
whatever information he or she considers useful to convince the 
Administrator that an adjustment is warranted.
    (3) If, in the Administrator's judgment, an owner or operator's 
request for an adjustment to a particular time period or postmark 
deadline is warranted, the Administrator will approve the adjustment. 
The Administrator will notify the owner or operator in writing of 
approval or disapproval of the request for an adjustment within 15 
calendar days of receiving sufficient information to evaluate the 
request.
    (4) If the Administrator is unable to meet a specified deadline, he 
or she will notify the owner or operator of any significant delay and 
inform the owner or operator of the amended schedule.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46292, Nov. 7, 1985; 59 
FR 12430, Mar. 16, 1994]