[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: 40CFR63.50]

[Page 74-75]
 
                   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. 63.50  Applicability.

    (a) General applicability. (1) The requirements of this section 
through Sec. 63.56 implement section 112(j) of the Clean Air Act (as 
amended in 1990). The requirements of this section through Sec. 63.56 
apply in each State beginning on the effective date of an approved title 
V permit program in such State. The requirements of this section through 
Sec. 63.56 do not apply to research or laboratory activities as defined 
in Sec. 63.51.
    (2) The requirements of this section through Sec. 63.56 apply to:
    (i) The owner or operator of affected sources within a source 
category or subcategory under this part that are

[[Page 75]]

located at a major source that is subject to an approved title V permit 
program and for which the Administrator has failed to promulgate 
emission standards by the section 112(j) deadlines. If title V 
applicability has been deferred for a source category, then section 
112(j) is not applicable for sources in that category within that State, 
local or tribal jurisdiction until those sources become subject to title 
V permitting requirements; and
    (ii) Permitting authorities with an approved title V permit program.
    (b) Relationship to State and local requirements. Nothing in 
Secs. 63.50 through 63.56 shall prevent a State or local regulatory 
agency from imposing more stringent requirements, as a matter of State 
or local law, than those contained in Secs. 63.50 through 63.56.
    (c) The procedures in Secs. 63.50 through 63.56 apply for each 
affected source only after the section 112(j) deadline for the source 
category or subcategory in question has passed, and only until such time 
as a generally applicable Federal standard governing that source has 
been promulgated under section 112(d) or 112(h) of the Act. Once a 
generally applicable Federal standard governing that source has been 
promulgated, the owner or operator of the affected source and the 
permitting authority are not required to take any further actions to 
develop an equivalent emission limitation under section 112(j) of the 
Act.
    (d) Any final equivalent emission limitation for an affected source 
which is issued by the permitting authority pursuant to Secs. 63.50 
through 63.56 prior to promulgation of a generally applicable Federal 
standard governing that source under section 112(d) or 112(h) of the Act 
shall be deemed an applicable Federal requirement adopted pursuant to 
section 112(j) of the Act. Each such equivalent emission limitation 
shall take effect upon issuance of the permit containing that limitation 
under section 112(j)(5) of the Act, and shall remain applicable to the 
source until such time as it may be revised or supplanted pursuant to 
the procedures established by Secs. 63.50 through 63.56. Such a final 
equivalent emission limitation, and all associated requirements adopted 
pursuant to Sec. 63.52(f)(2), are directly enforceable under Federal law 
regardless of whether or not any permit in which they may be contained 
remains in effect.

[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 
FR 32601, May 30, 2003]