[Code of Federal Regulations]

[Title 40, Volume 8]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR61.05]



[Page 33]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table 

of Contents

 

                      Subpart A_General Provisions

 

Sec.  61.05  Prohibited activities.



    (a) After the effective date of any standard, no owner or operator 

shall construct or modify any stationary source subject to that standard 

without first obtaining written approval from the Administrator in 

accordance with this subpart, except under an exemption granted by the 

President under section 112(c)(2) of the Act. Sources, the construction 

or modification of which commenced after the publication date of the 

standards proposed to be applicable to the sources, are subject to this 

prohibition.

    (b) After the effective date of any standard, no owner or operator 

shall operate a new stationary source subject to that standard in 

violation of the standard, except under an exemption granted by the 

President under section 112(c)(2) of the Act.

    (c) Ninety days after the effective date of any standard, no owner 

or operator shall operate any existing source subject to that standard 

in violation of the standard, except under a waiver granted by the 

Administrator under this part or under an exemption granted by the 

President under section 112(c)(2) of the Act.

    (d) No owner or operator subject to the provisions of this part 

shall fail to report, revise reports, or report source test results as 

required under this part.



[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46291, Nov. 7, 1985]