[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: 40CFR63.9]

[Page 47-51]
 
                   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. 63.9  Notification requirements.

    (a) Applicability and general information. (1) The applicability of 
this section is set out in Sec. 63.1(a)(4).
    (2) For affected sources that have been granted an extension of 
compliance under subpart D of this part, the requirements of this 
section do not apply to those sources while they are operating under 
such compliance extensions.
    (3) If any State requires a notice that contains all the information 
required in a notification listed in this section, the owner or operator 
may send the Administrator a copy of the notice sent to the State to 
satisfy the requirements of this section for that notification.
    (4)(i) Before a State has been delegated the authority to implement 
and enforce notification requirements established under this part, the 
owner or operator of an affected source in such State subject to such 
requirements shall submit notifications to the appropriate Regional 
Office of the EPA (to the attention of the Director of the Division 
indicated in the list of the EPA Regional Offices in Sec. 63.13).
    (ii) After a State has been delegated the authority to implement and 
enforce notification requirements established under this part, the owner 
or operator of an affected source in such State subject to such 
requirements shall submit notifications to the delegated State authority 
(which may be the same as the permitting authority). In addition, if the 
delegated (permitting) authority is the State, the owner or operator 
shall send a copy of each notification submitted to the State to the 
appropriate Regional Office of the EPA, as specified in paragraph 
(a)(4)(i) of this section. The Regional Office may waive this 
requirement for any notifications at its discretion.
    (b) Initial notifications. (1)(i) The requirements of this paragraph 
apply to the owner or operator of an affected source when such source 
becomes subject to a relevant standard.
    (ii) If an area source that otherwise would be subject to an 
emission standard or other requirement established under this part if it 
were a major source subsequently increases its emissions of hazardous 
air pollutants (or its potential to emit hazardous air pollutants) such 
that the source is a major source that is subject to the emission 
standard or other requirement, such source shall be subject to the 
notification requirements of this section.
    (iii) Affected sources that are required under this paragraph to 
submit

[[Page 48]]

an initial notification may use the application for approval of 
construction or reconstruction under Sec. 63.5(d) of this subpart, if 
relevant, to fulfill the initial notification requirements of this 
paragraph.
    (2) The owner or operator of an affected source that has an initial 
startup before the effective date of a relevant standard under this part 
shall notify the Administrator in writing that the source is subject to 
the relevant standard. The notification, which shall be submitted not 
later than 120 calendar days after the effective date of the relevant 
standard (or within 120 calendar days after the source becomes subject 
to the relevant standard), shall provide the following information:
    (i) The name and address of the owner or operator;
    (ii) The address (i.e., physical location) of the affected source;
    (iii) An identification of the relevant standard, or other 
requirement, that is the basis of the notification and the source's 
compliance date;
    (iv) A brief description of the nature, size, design, and method of 
operation of the source and an identification of the types of emission 
points within the affected source subject to the relevant standard and 
types of hazardous air pollutants emitted; and
    (v) A statement of whether the affected source is a major source or 
an area source.
    (3) [Reserved]
    (4) The owner or operator of a new or reconstructed major affected 
source for which an application for approval of construction or 
reconstruction is required under Sec. 63.5(d) must provide the following 
information in writing to the Administrator:
    (i) A notification of intention to construct a new major-emitting 
affected source, reconstruct a major-emitting affected source, or 
reconstruct a major source such that the source becomes a major-emitting 
affected source with the application for approval of construction or 
reconstruction as specified in Sec. 63.5(d)(1)(i); and
    (ii)--(iv) [Reserved]
    (v) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (5) The owner or operator of a new or reconstructed affected source 
for which an application for approval of construction or reconstruction 
is not required under Sec. 63.5(d) must provide the following 
information in writing to the Administrator:
    (i) A notification of intention to construct a new affected source, 
reconstruct an affected source, or reconstruct a source such that the 
source becomes an affected source, and
    (ii) A notification of the actual date of startup of the source, 
delivered or postmarked within 15 calendar days after that date.
    (iii) Unless the owner or operator has requested and received prior 
permission from the Administrator to submit less than the information in 
Sec. 63.5(d), the notification must include the information required on 
the application for approval of construction or reconstruction as 
specified in Sec. 63.5(d)(1)(i).
    (c) Request for extension of compliance. If the owner or operator of 
an affected source cannot comply with a relevant standard by the 
applicable compliance date for that source, or if the owner or operator 
has installed BACT or technology to meet LAER consistent with 
Sec. 63.6(i)(5) of this subpart, he/she may submit to the Administrator 
(or the State with an approved permit program) a request for an 
extension of compliance as specified in Sec. 63.6(i)(4) through 
Sec. 63.6(i)(6).
    (d) Notification that source is subject to special compliance 
requirements. An owner or operator of a new source that is subject to 
special compliance requirements as specified in Sec. 63.6(b)(3) and 
Sec. 63.6(b)(4) shall notify the Administrator of his/her compliance 
obligations not later than the notification dates established in 
paragraph (b) of this section for new sources that are not subject to 
the special provisions.
    (e) Notification of performance test. The owner or operator of an 
affected source shall notify the Administrator in writing of his or her 
intention to conduct a performance test at least 60 calendar days before 
the performance test is scheduled to begin to allow the Administrator to 
review and approve the site-specific test plan required

[[Page 49]]

under Sec. 63.7(c), if requested by the Administrator, and to have an 
observer present during the test.
    (f) Notification of opacity and visible emission observations. The 
owner or operator of an affected source shall notify the Administrator 
in writing of the anticipated date for conducting the opacity or visible 
emission observations specified in Sec. 63.6(h)(5), if such observations 
are required for the source by a relevant standard. The notification 
shall be submitted with the notification of the performance test date, 
as specified in paragraph (e) of this section, or if no performance test 
is required or visibility or other conditions prevent the opacity or 
visible emission observations from being conducted concurrently with the 
initial performance test required under Sec. 63.7, the owner or operator 
shall deliver or postmark the notification not less than 30 days before 
the opacity or visible emission observations are scheduled to take 
place.
    (g) Additional notification requirements for sources with continuous 
monitoring systems. The owner or operator of an affected source required 
to use a CMS by a relevant standard shall furnish the Administrator 
written notification as follows:
    (1) A notification of the date the CMS performance evaluation under 
Sec. 63.8(e) is scheduled to begin, submitted simultaneously with the 
notification of the performance test date required under Sec. 63.7(b). 
If no performance test is required, or if the requirement to conduct a 
performance test has been waived for an affected source under 
Sec. 63.7(h), the owner or operator shall notify the Administrator in 
writing of the date of the performance evaluation at least 60 calendar 
days before the evaluation is scheduled to begin;
    (2) A notification that COMS data results will be used to determine 
compliance with the applicable opacity emission standard during a 
performance test required by Sec. 63.7 in lieu of Method 9 or other 
opacity emissions test method data, as allowed by Sec. 63.6(h)(7)(ii), 
if compliance with an opacity emission standard is required for the 
source by a relevant standard. The notification shall be submitted at 
least 60 calendar days before the performance test is scheduled to 
begin; and
    (3) A notification that the criterion necessary to continue use of 
an alternative to relative accuracy testing, as provided by 
Sec. 63.8(f)(6), has been exceeded. The notification shall be delivered 
or postmarked not later than 10 days after the occurrence of such 
exceedance, and it shall include a description of the nature and cause 
of the increased emissions.
    (h) Notification of compliance status. (1) The requirements of 
paragraphs (h)(2) through (h)(4) of this section apply when an affected 
source becomes subject to a relevant standard.
    (2)(i) Before a title V permit has been issued to the owner or 
operator of an affected source, and each time a notification of 
compliance status is required under this part, the owner or operator of 
such source shall submit to the Administrator a notification of 
compliance status, signed by the responsible official who shall certify 
its accuracy, attesting to whether the source has complied with the 
relevant standard. The notification shall list--
    (A) The methods that were used to determine compliance;
    (B) The results of any performance tests, opacity or visible 
emission observations, continuous monitoring system (CMS) performance 
evaluations, and/or other monitoring procedures or methods that were 
conducted;
    (C) The methods that will be used for determining continuing 
compliance, including a description of monitoring and reporting 
requirements and test methods;
    (D) The type and quantity of hazardous air pollutants emitted by the 
source (or surrogate pollutants if specified in the relevant standard), 
reported in units and averaging times and in accordance with the test 
methods specified in the relevant standard;
    (E) If the relevant standard applies to both major and area sources, 
an analysis demonstrating whether the affected source is a major source 
(using the emissions data generated for this notification);
    (F) A description of the air pollution control equipment (or method) 
for each emission point, including each control device (or method) for 
each hazardous

[[Page 50]]

air pollutant and the control efficiency (percent) for each control 
device (or method); and
    (G) A statement by the owner or operator of the affected existing, 
new, or reconstructed source as to whether the source has complied with 
the relevant standard or other requirements.
    (ii) The notification must be sent before the close of business on 
the 60th day following the completion of the relevant compliance 
demonstration activity specified in the relevant standard (unless a 
different reporting period is specified in the standard, in which case 
the letter must be sent before the close of business on the day the 
report of the relevant testing or monitoring results is required to be 
delivered or postmarked). For example, the notification shall be sent 
before close of business on the 60th (or other required) day following 
completion of the initial performance test and again before the close of 
business on the 60th (or other required) day following the completion of 
any subsequent required performance test. If no performance test is 
required but opacity or visible emission observations are required to 
demonstrate compliance with an opacity or visible emission standard 
under this part, the notification of compliance status shall be sent 
before close of business on the 30th day following the completion of 
opacity or visible emission observations. Notifications may be combined 
as long as the due date requirement for each notification is met.
    (3) After a title V permit has been issued to the owner or operator 
of an affected source, the owner or operator of such source shall comply 
with all requirements for compliance status reports contained in the 
source's title V permit, including reports required under this part. 
After a title V permit has been issued to the owner or operator of an 
affected source, and each time a notification of compliance status is 
required under this part, the owner or operator of such source shall 
submit the notification of compliance status to the appropriate 
permitting authority following completion of the relevant compliance 
demonstration activity specified in the relevant standard.
    (4) [Reserved]
    (5) If an owner or operator of an affected source submits estimates 
or preliminary information in the application for approval of 
construction or reconstruction required in Sec. 63.5(d) in place of the 
actual emissions data or control efficiencies required in paragraphs 
(d)(1)(ii)(H) and (d)(2) of Sec. 63.5, the owner or operator shall 
submit the actual emissions data and other correct information as soon 
as available but no later than with the initial notification of 
compliance status required in this section.
    (6) Advice on a notification of compliance status may be obtained 
from the Administrator.
    (i) Adjustment to time periods or postmark deadlines for submittal 
and review of required communications. (1)(i) Until an adjustment of a 
time period or postmark deadline has been approved by the Administrator 
under paragraphs (i)(2) and (i)(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 (i)(2) and (i)(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

[[Page 51]]

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.
    (j) Change in information already provided. Any change in the 
information already provided under this section shall be provided to the 
Administrator in writing within 15 calendar days after the change.

[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 
FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]