[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: 40CFR63.4]

[Page 19]
 
                   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. 63.4  Prohibited activities and circumvention.

    (a) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part must operate any affected source in violation of 
the requirements of this part. Affected sources subject to and in 
compliance with either an extension of compliance or an exemption from 
compliance are not in violation of the requirements of this part. An 
extension of compliance can be granted by the Administrator under this 
part; by a State with an approved permit program; or by the President 
under section 112(i)(4) of the Act.
    (2) No owner or operator subject to the provisions of this part 
shall fail to keep records, notify, report, or revise reports as 
required under this part.
    (3)-(5) [Reserved]
    (b) Circumvention. No owner or operator subject to the provisions of 
this part shall build, erect, install, or use any article, machine, 
equipment, or process to conceal an emission that would otherwise 
constitute noncompliance with a relevant standard. Such concealment 
includes, but is not limited to--
    (1) The use of diluents to achieve compliance with a relevant 
standard based on the concentration of a pollutant in the effluent 
discharged to the atmosphere;
    (2) The use of gaseous diluents to achieve compliance with a 
relevant standard for visible emissions; and
    (c) Fragmentation. Fragmentation after November 15, 1990 which 
divides ownership of an operation, within the same facility among 
various owners where there is no real change in control, will not affect 
applicability. The owner and operator must not use fragmentation or 
phasing of reconstruction activities (i.e., intentionally dividing 
reconstruction into multiple parts for purposes of avoiding new source 
requirements) to avoid becoming subject to new source requirements.

[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]