[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.11]

[Page 38-39]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 65.11  Circumvention and prohibited activities.

    (a) Circumvention. (1) 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, the following:
    (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; and
    (2) The fragmentation of an operation for the purpose of avoiding 
regulation by a relevant standard.
    (b) Prohibited activities. (1) No owner or operator subject to the 
provisions of this part shall operate any regulated source in violation 
of the requirements of this part except under the following provisions:
    (i) An extension or waiver of compliance granted by the 
Administrator under an applicable part; or
    (ii) An extension of compliance granted under an applicable part by 
a State with an approved permit program; or
    (iii) An exemption from compliance granted by the President under 
section 112(i)(4) of the Act.
    (2) After the effective date of an approved permit program in a 
State, no owner or operator of a regulated source in that State who is 
required under an applicable part to obtain a title V permit shall 
operate such source except in compliance with the provisions of this 
part and the applicable requirements of the permit program in that 
State.
    (3) An owner or operator of a regulated source who is subject to an 
emission standard promulgated under this part or a referencing part 
shall comply with the requirements of that standard

[[Page 39]]

by the date(s) established in the applicable subpart(s) (including this 
subpart) regardless of whether the following criteria are met:
    (i) A title V permit has been issued to that source; or
    (ii) If a title V permit has been issued to that source, whether 
such permit has been revised or modified to incorporate the emission 
standard.
    (c) Severability. Notwithstanding any requirement incorporated into 
a title V permit obtained by an owner or operator subject to the 
provisions of this part, the provisions of this part are federally 
enforceable.