[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: 40CFR61.10]



[Page 34-36]

 

                   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.  61.10  Source reporting and waiver request.



    (a) The owner or operator of each existing source or each new source 

which had an initial startup before the effective date shall provide the 

following information in writing to the Administrator within 90 days 

after the effective date:

    (1) Name and address of the owner or operator.

    (2) The location of the source.

    (3) The type of hazardous pollutants emitted by the stationary 

source.

    (4) A brief description of the nature, size, design, and method of 

operation of the stationary source including the operating design 

capacity of the source. Identify each point of emission for each 

hazardous pollutant.

    (5) The average weight per month of the hazardous materials being 

processed by the source, over the last 12 months preceding the date of 

the report.

    (6) A description of the existing control equipment for each 

emission point including--

    (i) Each control device for each hazardous pollutant; and

    (ii) Estimated control efficiency (percent) for each control device.

    (7) A statement by the owner or operator of the source as to whether 

the source can comply with the standards within 90 days after the 

effective date.

    (b) The owner or operator of an existing source unable to comply 

with an applicable standard may request a waiver of compliance with that 

standard for a period not exceeding 2 years after the effective date. 

Any request shall be in writing and shall include the following 

information:

    (1) A description of the controls to be installed to comply with the 

standard.

    (2) A compliance schedule, including the date each step toward 

compliance will be reached. The list shall include as a minimum the 

following dates:

    (i) Date by which contracts for emission control systems or process 

changes for emission control will be awarded, or date by which orders 

will



[[Page 35]]



be issued for the purchase of component parts to accomplish emission 

control or process changes;

    (ii) Date of initiation of onsite construction or installation of 

emission control equipment or process change;

    (iii) Date by which onsite construction or installation of emission 

control equipment or process change is to be completed; and

    (iv) Date by which final compliance is to be achieved.

    (3) A description of interim emission control steps which will be 

taken during the waiver period.

    (c) Any change in the information provided under paragraph (a) of 

this section or Sec.  61.07(b) shall be provided to the Administrator 

within 30 days after the change. However, if any change will result from 

modification of the source, Sec. Sec.  61.07(c) and 61.08 apply.

    (d) A possible format for reporting under this section is included 

as appendix A of this part. Advice on reporting the status of compliance 

may be obtained from the Administrator.

    (e) For the purposes of this part, time periods specified in days 

shall be measured in calendar days, even if the word ``calendar'' is 

absent, unless otherwise specified in an applicable requirement.

    (f) For the purposes of this part, if an explicit postmark deadline 

is not specified in an applicable requirement for the submittal of a 

notification, application, report, or other written communication to the 

Administrator, the owner or operator shall postmark the submittal on or 

before the number of days specified in the applicable requirement. For 

example, if a notification must be submitted 15 days before a particular 

event is scheduled to take place, the notification shall be postmarked 

on or before 15 days preceding the event; likewise, if a notification 

must be submitted 15 days after a particular event takes place, the 

notification shall be postmarked on or before 15 days following the end 

of the event. The use of reliable non-Government mail carriers that 

provide indications of verifiable delivery of information required to be 

submitted to the Administrator, similar to the postmark provided by the 

U.S. Postal Service, or alternative means of delivery agreed to by the 

permitting authority, is acceptable.

    (g) 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. 

Procedures governing the implementation of this provision are specified 

in paragraph (j) of this section.

    (h) If an owner or operator of a stationary source in a State with 

delegated authority is required to submit reports under this part to the 

State, and if the State has an established timeline for the submission 

of reports that is consistent with the reporting frequency(ies) 

specified for such source under this part, the owner or operator may 

change the dates by which reports under this part shall be submitted 

(without changing the frequency of reporting) to be consistent with the 

State's schedule by mutual agreement between the owner or operator and 

the State. The allowance in the previous sentence applies in each State 

beginning 1 year after the source is required to be in compliance with 

the applicable subpart in this part. Procedures governing the 

implementation of this provision are specified in paragraph (j) of this 

section.

    (i) If an owner or operator supervises one or more stationary 

sources affected by standards set under this part and standards set 

under part 60, part 63, or both such parts of this chapter, he/she may 

arrange by mutual agreement between the owner or operator and the 

Administrator (or the State with an approved permit program) a common 

schedule on which reports required by each applicable standard shall be 

submitted throughout the year. The allowance in the previous sentence 

applies in each State beginning 1 year after the source is required to 

be in compliance with the applicable subpart in this part, or 1 year 

after the source is required to be in compliance with the applicable 

part 60 or part 63 standard,



[[Page 36]]



whichever is latest. Procedures governing the implementation of this 

provision are specified in paragraph (j) of this section.

    (j)(1)(i) Until an adjustment of a time period or postmark deadline 

has been approved by the Administrator under paragraphs (j)(2) and 

(j)(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 (j)(2) and (j)(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 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.



[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46292, Nov. 7, 1985; 59 

FR 12430, Mar. 16, 1994]