[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: 40CFR63.40]

[Page 65-66]
 
                   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 B--Requirements for Control Technology Determinations for Major 
 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 
                                 112(j)
 
Sec. 63.40  Applicability of Secs. 63.40 through 63.44.

    Source: 59 FR 26449, May 20, 1994, unless otherwise noted.


    (a) Applicability. The requirements of Secs. 63.40 through 63.44 of 
this subpart carry out section 112(g)(2)(B) of the 1990 Amendments.
    (b) Overall requirements. The requirements of Secs. 63.40 through 
63.44 of this subpart apply to any owner or operator who constructs or 
reconstructs a major source of hazardous air pollutants after the 
effective date of section 112(g)(2)(B) (as defined in Sec. 63.41) and 
the effective date of a title V permit program in the State or local 
jurisdiction in which the major source is (or would be) located unless 
the major source in question has been specifically regulated or exempted 
from regulation under a standard issued pursuant to section 112(d), 
section 112(h), or section 112(j) and incorporated in another subpart of 
part 63, or the owner or operator of such major source has received all 
necessary air quality permits for such construction or reconstruction 
project before the effective date of section 112(g)(2)(B).
    (c) Exclusion for electric utility steam generating units. The 
requirements of this subpart do not apply to electric utility steam 
generating units unless and until such time as these units are added to 
the source category list pursuant to section 112(c)(5) of the Act.
    (d) Relationship to State and local requirements. Nothing in this 
subpart shall prevent a State or local agency from imposing more 
stringent requirements than those contained in this subpart.
    (e) Exclusion for stationary sources in deleted source categories. 
The requirements of this subpart do not apply to stationary sources that 
are within a source category that has been deleted

[[Page 66]]

from the source category list pursuant to section 112(c)(9) of the Act.
    (f) Exclusion for research and development activities. The 
requirements of this subpart do not apply to research and development 
activities, as defined in Sec. 63.41.

[61 FR 68399, Dec. 27, 1996]