[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.2]

[Page 12-18]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 63.2  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq., as amended by 
Pub. L. 101-549, 104 Stat. 2399).
    Actual emissions is defined in subpart D of this part for the 
purpose of granting a compliance extension for an early reduction of 
hazardous air pollutants.
    Administrator means the Administrator of the United States 
Environmental Protection Agency or his or her authorized representative 
(e.g., a State that has been delegated the authority to implement the 
provisions of this part).
    Affected source, for the purposes of this part, means the collection 
of equipment, activities, or both within a single contiguous area and 
under common control that is included in a section 112(c) source 
category or subcategory for which a section 112(d) standard or other 
relevant standard is established pursuant to section 112 of the Act. 
Each relevant standard will define the ``affected source,'' as defined 
in this paragraph unless a different definition is warranted based on a 
published justification as to why this definition would result in 
significant administrative, practical, or implementation problems and 
why the different definition would resolve those problems. The term 
``affected source,'' as used in this part, is separate and distinct from 
any other use of that term in EPA regulations such as those implementing 
title IV of the Act. Affected source may be defined differently for part 
63 than affected facility and stationary source in parts 60 and 61, 
respectively. This definition of ``affected source,'' and the procedures 
for adopting an alternative definition of ``affected source,'' shall 
apply to each section 112(d) standard for which the initial proposed 
rule is signed by the Administrator after June 30, 2002.
    Alternative emission limitation means conditions established 
pursuant to sections 112(i)(5) or 112(i)(6) of the Act by the 
Administrator or by a State with an approved permit program.
    Alternative emission standard means an alternative means of emission 
limitation that, after notice and opportunity for public comment, has 
been demonstrated by an owner or operator to the Administrator's 
satisfaction to achieve a reduction in emissions of any air pollutant at 
least equivalent to the reduction in emissions of such pollutant 
achieved under a relevant design, equipment, work practice, or 
operational emission standard, or combination thereof, established under 
this part pursuant to section 112(h) of the Act.
    Alternative test method means any method of sampling and analyzing 
for an air pollutant that is not a test method in this chapter and that 
has been demonstrated to the Administrator's satisfaction, using Method 
301 in Appendix A of this part, to produce results adequate for the 
Administrator's determination that it may be used in place of a test 
method specified in this part.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Commenced means, with respect to construction or reconstruction of 
an affected source, that an owner or operator has undertaken a 
continuous program of construction or reconstruction or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or reconstruction.
    Compliance date means the date by which an affected source is 
required to

[[Page 13]]

be in compliance with a relevant standard, limitation, prohibition, or 
any federally enforceable requirement established by the Administrator 
(or a State with an approved permit program) pursuant to section 112 of 
the Act.
    Compliance schedule means: (1) In the case of an affected source 
that is in compliance with all applicable requirements established under 
this part, a statement that the source will continue to comply with such 
requirements; or
    (2) In the case of an affected source that is required to comply 
with applicable requirements by a future date, a statement that the 
source will meet such requirements on a timely basis and, if required by 
an applicable requirement, a detailed schedule of the dates by which 
each step toward compliance will be reached; or
    (3) In the case of an affected source not in compliance with all 
applicable requirements established under this part, a schedule of 
remedial measures, including an enforceable sequence of actions or 
operations with milestones and a schedule for the submission of 
certified progress reports, where applicable, leading to compliance with 
a relevant standard, limitation, prohibition, or any federally 
enforceable requirement established pursuant to section 112 of the Act 
for which the affected source is not in compliance. This compliance 
schedule shall resemble and be at least as stringent as that contained 
in any judicial consent decree or administrative order to which the 
source is subject. Any such schedule of compliance shall be supplemental 
to, and shall not sanction noncompliance with, the applicable 
requirements on which it is based.
    Construction means the on-site fabrication, erection, or 
installation of an affected source. Construction does not include the 
removal of all equipment comprising an affected source from an existing 
location and reinstallation of such equipment at a new location. The 
owner or operator of an existing affected source that is relocated may 
elect not to reinstall minor ancillary equipment including, but not 
limited to, piping, ductwork, and valves. However, removal and 
reinstallation of an affected source will be construed as reconstruction 
if it satisfies the criteria for reconstruction as defined in this 
section. The costs of replacing minor ancillary equipment must be 
considered in determining whether the existing affected source is 
reconstructed.
    Continuous emission monitoring system (CEMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this part, used to sample, condition (if 
applicable), analyze, and provide a record of emissions.
    Continuous monitoring system (CMS) is a comprehensive term that may 
include, but is not limited to, continuous emission monitoring systems, 
continuous opacity monitoring systems, continuous parameter monitoring 
systems, or other manual or automatic monitoring that is used for 
demonstrating compliance with an applicable regulation on a continuous 
basis as defined by the regulation.
    Continuous opacity monitoring system (COMS) means a continuous 
monitoring system that measures the opacity of emissions.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this part, used to sample, condition (if applicable), 
analyze, and provide a record of process or control system parameters.
    Effective date means:
    (1) With regard to an emission standard established under this part, 
the date of promulgation in the Federal Register of such standard; or
    (2) With regard to an alternative emission limitation or equivalent 
emission limitation determined by the Administrator (or a State with an 
approved permit program), the date that the alternative emission 
limitation or equivalent emission limitation becomes effective according 
to the provisions of this part.
    Emission standard means a national standard, limitation, 
prohibition, or other regulation promulgated in a subpart of this part 
pursuant to sections 112(d), 112(h), or 112(f) of the Act.
    Emissions averaging is a way to comply with the emission limitations 
specified in a relevant standard, whereby an affected source, if allowed 
under a

[[Page 14]]

subpart of this part, may create emission credits by reducing emissions 
from specific points to a level below that required by the relevant 
standard, and those credits are used to offset emissions from points 
that are not controlled to the level required by the relevant standard.
    EPA means the United States Environmental Protection Agency.
    Equivalent emission limitation means any maximum achievable control 
technology emission limitation or requirements which are applicable to a 
major source of hazardous air pollutants and are adopted by the 
Administrator (or a State with an approved permit program) on a case-by-
case basis, pursuant to section 112(g) or (j) of the Act.
    Excess emissions and continuous monitoring system performance report 
is a report that must be submitted periodically by an affected source in 
order to provide data on its compliance with relevant emission limits, 
operating parameters, and the performance of its continuous parameter 
monitoring systems.
    Existing source means any affected source that is not a new source.
    Federally enforceable means all limitations and conditions that are 
enforceable by the Administrator and citizens under the Act or that are 
enforceable under other statutes administered by the Administrator. 
Examples of federally enforceable limitations and conditions include, 
but are not limited to:
    (1) Emission standards, alternative emission standards, alternative 
emission limitations, and equivalent emission limitations established 
pursuant to section 112 of the Act as amended in 1990;
    (2) New source performance standards established pursuant to section 
111 of the Act, and emission standards established pursuant to section 
112 of the Act before it was amended in 1990;
    (3) All terms and conditions in a title V permit, including any 
provisions that limit a source's potential to emit, unless expressly 
designated as not federally enforceable;
    (4) Limitations and conditions that are part of an approved State 
Implementation Plan (SIP) or a Federal Implementation Plan (FIP);
    (5) Limitations and conditions that are part of a Federal 
construction permit issued under 40 CFR 52.21 or any construction permit 
issued under regulations approved by the EPA in accordance with 40 CFR 
part 51;
    (6) Limitations and conditions that are part of an operating permit 
where the permit and the permitting program pursuant to which it was 
issued meet all of the following criteria:
    (i) The operating permit program has been submitted to and approved 
by EPA into a State implementation plan (SIP) under section 110 of the 
CAA;
    (ii) The SIP imposes a legal obligation that operating permit 
holders adhere to the terms and limitations of such permits and provides 
that permits which do not conform to the operating permit program 
requirements and the requirements of EPA's underlying regulations may be 
deemed not ``federally enforceable'' by EPA;
    (iii) The operating permit program requires that all emission 
limitations, controls, and other requirements imposed by such permits 
will be at least as stringent as any other applicable limitations and 
requirements contained in the SIP or enforceable under the SIP, and that 
the program may not issue permits that waive, or make less stringent, 
any limitations or requirements contained in or issued pursuant to the 
SIP, or that are otherwise ``federally enforceable'';
    (iv) The limitations, controls, and requirements in the permit in 
question are permanent, quantifiable, and otherwise enforceable as a 
practical matter; and
    (v) The permit in question was issued only after adequate and timely 
notice and opportunity for comment for EPA and the public.
    (7) Limitations and conditions in a State rule or program that has 
been approved by the EPA under subpart E of this part for the purposes 
of implementing and enforcing section 112; and
    (8) Individual consent agreements that the EPA has legal authority 
to create.
    Fixed capital cost means the capital needed to provide all the 
depreciable components of an existing source.
    Fugitive emissions means those emissions from a stationary source 
that

[[Page 15]]

could not reasonably pass through a stack, chimney, vent, or other 
functionally equivalent opening. Under section 112 of the Act, all 
fugitive emissions are to be considered in determining whether a 
stationary source is a major source.
    Hazardous air pollutant means any air pollutant listed in or 
pursuant to section 112(b) of the Act.
    Issuance of a part 70 permit will occur, if the State is the 
permitting authority, in accordance with the requirements of part 70 of 
this chapter and the applicable, approved State permit program. When the 
EPA is the permitting authority, issuance of a title V permit occurs 
immediately after the EPA takes final action on the final permit.
    Major source means any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit considering controls, in the 
aggregate, 10 tons per year or more of any hazardous air pollutant or 25 
tons per year or more of any combination of hazardous air pollutants, 
unless the Administrator establishes a lesser quantity, or in the case 
of radionuclides, different criteria from those specified in this 
sentence.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment, or a process to operate in a normal or usual manner 
which causes, or has the potential to cause, the emission limitations in 
an applicable standard to be exceeded. Failures that are caused in part 
by poor maintenance or careless operation are not malfunctions.
    Monitoring means the collection and use of measurement data or other 
information to control the operation of a process or pollution control 
device or to verify a work practice standard relative to assuring 
compliance with applicable requirements. Monitoring is composed of four 
elements:
    (1) Indicator(s) of performance--the parameter or parameters you 
measure or observe for demonstrating proper operation of the pollution 
control measures or compliance with the applicable emissions limitation 
or standard. Indicators of performance may include direct or predicted 
emissions measurements (including opacity), operational parametric 
values that correspond to process or control device (and capture system) 
efficiencies or emissions rates, and recorded findings of inspection of 
work practice activities, materials tracking, or design characteristics. 
Indicators may be expressed as a single maximum or minimum value, a 
function of process variables (for example, within a range of pressure 
drops), a particular operational or work practice status (for example, a 
damper position, completion of a waste recovery task, materials 
tracking), or an interdependency between two or among more than two 
variables.
    (2) Measurement techniques--the means by which you gather and record 
information of or about the indicators of performance. The components of 
the measurement technique include the detector type, location and 
installation specifications, inspection procedures, and quality 
assurance and quality control measures. Examples of measurement 
techniques include continuous emission monitoring systems, continuous 
opacity monitoring systems, continuous parametric monitoring systems, 
and manual inspections that include making records of process conditions 
or work practices.
    (3) Monitoring frequency--the number of times you obtain and record 
monitoring data over a specified time interval. Examples of monitoring 
frequencies include at least four points equally spaced for each hour 
for continuous emissions or parametric monitoring systems, at least 
every 10 seconds for continuous opacity monitoring systems, and at least 
once per operating day (or week, month, etc.) for work practice or 
design inspections.
    (4) Averaging time--the period over which you average and use data 
to verify proper operation of the pollution control approach or 
compliance with the emissions limitation or standard. Examples of 
averaging time include a 3-hour average in units of the emissions 
limitation, a 30-day rolling average emissions value, a daily average of 
a control device operational parametric range, and an instantaneous 
alarm.

[[Page 16]]

    New affected source means the collection of equipment, activities, 
or both within a single contiguous area and under common control that is 
included in a section 112(c) source category or subcategory that is 
subject to a section 112(d) or other relevant standard for new sources. 
This definition of ``new affected source,'' and the criteria to be 
utilized in implementing it, shall apply to each section 112(d) standard 
for which the initial proposed rule is signed by the Administrator after 
June 30, 2002. Each relevant standard will define the term ``new 
affected source,'' which will be the same as the ``affected source'' 
unless a different collection is warranted based on consideration of 
factors including:
    (1) Emission reduction impacts of controlling individual sources 
versus groups of sources;
    (2) Cost effectiveness of controlling individual equipment;
    (3) Flexibility to accommodate common control strategies;
    (4) Cost/benefits of emissions averaging;
    (5) Incentives for pollution prevention;
    (6) Feasibility and cost of controlling processes that share common 
equipment (e.g., product recovery devices);
    (7) Feasibility and cost of monitoring; and
    (8) Other relevant factors.
    New source means any affected source the construction or 
reconstruction of which is commenced after the Administrator first 
proposes a relevant emission standard under this part establishing an 
emission standard applicable to such source.
    One-hour period, unless otherwise defined in an applicable subpart, 
means any 60-minute period commencing on the hour.
    Opacity means the degree to which emissions reduce the transmission 
of light and obscure the view of an object in the background. For 
continuous opacity monitoring systems, opacity means the fraction of 
incident light that is attenuated by an optical medium.
    Owner or operator means any person who owns, leases, operates, 
controls, or supervises a stationary source.
    Performance audit means a procedure to analyze blind samples, the 
content of which is known by the Administrator, simultaneously with the 
analysis of performance test samples in order to provide a measure of 
test data quality.
    Performance evaluation means the conduct of relative accuracy 
testing, calibration error testing, and other measurements used in 
validating the continuous monitoring system data.
    Performance test means the collection of data resulting from the 
execution of a test method (usually three emission test runs) used to 
demonstrate compliance with a relevant emission standard as specified in 
the performance test section of the relevant standard.
    Permit modification means a change to a title V permit as defined in 
regulations codified in this chapter to implement title V of the Act (42 
U.S.C. 7661).
    Permit program means a comprehensive State operating permit system 
established pursuant to title V of the Act (42 U.S.C. 7661) and 
regulations codified in part 70 of this chapter and applicable State 
regulations, or a comprehensive Federal operating permit system 
established pursuant to title V of the Act and regulations codified in 
this chapter.
    Permit revision means any permit modification or administrative 
permit amendment to a title V permit as defined in regulations codified 
in this chapter to implement title V of the Act (42 U.S.C. 7661).
    Permitting authority means: (1) The State air pollution control 
agency, local agency, other State agency, or other agency authorized by 
the Administrator to carry out a permit program under part 70 of this 
chapter; or
    (2) The Administrator, in the case of EPA-implemented permit 
programs under title V of the Act (42 U.S.C. 7661).
    Potential to emit means the maximum capacity of a stationary source 
to emit a pollutant under its physical and operational design. Any 
physical or operational limitation on the capacity of the stationary 
source to emit a pollutant, including air pollution control equipment 
and restrictions on hours of operation or on the type or amount of

[[Page 17]]

material combusted, stored, or processed, shall be treated as part of 
its design if the limitation or the effect it would have on emissions is 
federally enforceable.
    Reconstruction, unless otherwise defined in a relevant standard, 
means the replacement of components of an affected or a previously 
nonaffected source to such an extent that:
    (1) The fixed capital cost of the new components exceeds 50 percent 
of the fixed capital cost that would be required to construct a 
comparable new source; and
    (2) It is technologically and economically feasible for the 
reconstructed source to meet the relevant standard(s) established by the 
Administrator (or a State) pursuant to section 112 of the Act. Upon 
reconstruction, an affected source, or a stationary source that becomes 
an affected source, is subject to relevant standards for new sources, 
including compliance dates, irrespective of any change in emissions of 
hazardous air pollutants from that source.
    Regulation promulgation schedule means the schedule for the 
promulgation of emission standards under this part, established by the 
Administrator pursuant to section 112(e) of the Act and published in the 
Federal Register.
    Relevant standard means:
    (1) An emission standard;
    (2) An alternative emission standard;
    (3) An alternative emission limitation; or
    (4) An equivalent emission limitation established pursuant to 
section 112 of the Act that applies to the collection of equipment, 
activities, or both regulated by such standard or limitation. A relevant 
standard may include or consist of a design, equipment, work practice, 
or operational requirement, or other measure, process, method, system, 
or technique (including prohibition of emissions) that the Administrator 
(or a State) establishes for new or existing sources to which such 
standard or limitation applies. Every relevant standard established 
pursuant to section 112 of the Act includes subpart A of this part, as 
provided by Sec. 63.1(a)(4), and all applicable appendices of this part 
or of other parts of this chapter that are referenced in that standard.
    Responsible official means one of the following:
    (1) For a corporation: A president, secretary, treasurer, or vice 
president of the corporation in charge of a principal business function, 
or any other person who performs similar policy or decision-making 
functions for the corporation, or a duly authorized representative of 
such person if the representative is responsible for the overall 
operation of one or more manufacturing, production, or operating 
facilities and either:
    (i) The facilities employ more than 250 persons or have gross annual 
sales or expenditures exceeding $25 million (in second quarter 1980 
dollars); or
    (ii) The delegation of authority to such representative is approved 
in advance by the Administrator.
    (2) For a partnership or sole proprietorship: a general partner or 
the proprietor, respectively.
    (3) For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official. For 
the purposes of this part, a principal executive officer of a Federal 
agency includes the chief executive officer having responsibility for 
the overall operations of a principal geographic unit of the agency 
(e.g., a Regional Administrator of the EPA).
    (4) For affected sources (as defined in this part) applying for or 
subject to a title V permit: ``responsible official'' shall have the 
same meaning as defined in part 70 or Federal title V regulations in 
this chapter (42 U.S.C. 7661), whichever is applicable.
    Run means one of a series of emission or other measurements needed 
to determine emissions for a representative operating period or cycle as 
specified in this part.
    Shutdown means the cessation of operation of an affected source or 
portion of an affected source for any purpose.
    Six-minute period means, with respect to opacity determinations, any 
one of the 10 equal parts of a 1-hour period.
    Standard conditions means a temperature of 293 K (68  deg.F) and a 
pressure of 101.3 kilopascals (29.92 in. Hg).

[[Page 18]]

    Startup means the setting in operation of an affected source or 
portion of an affected source for any purpose.
    State means all non-Federal authorities, including local agencies, 
interstate associations, and State-wide programs, that have delegated 
authority to implement: (1) The provisions of this part and/or (2) the 
permit program established under part 70 of this chapter. The term State 
shall have its conventional meaning where clear from the context.
    Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant.
    Test method means the validated procedure for sampling, preparing, 
and analyzing for an air pollutant specified in a relevant standard as 
the performance test procedure. The test method may include methods 
described in an appendix of this chapter, test methods incorporated by 
reference in this part, or methods validated for an application through 
procedures in Method 301 of appendix A of this part.
    Title V permit means any permit issued, renewed, or revised pursuant 
to Federal or State regulations established to implement title V of the 
Act (42 U.S.C. 7661). A title V permit issued by a State permitting 
authority is called a part 70 permit in this part.
    Visible emission means the observation of an emission of opacity or 
optical density above the threshold of vision.
    Working day means any day on which Federal Government offices (or 
State government offices for a State that has obtained delegation under 
section 112(l)) are open for normal business. Saturdays, Sundays, and 
official Federal (or where delegated, State) holidays are not working 
days.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68 
FR 32600, May 30, 2003]