[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1]
[Page 5-13]
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. 63.1 Applicability.
Subpart A_General Provisions
Sec.
63.1 Applicability.
63.2 Definitions.
63.3 Units and abbreviations.
63.4 Prohibited activities and circumvention.
63.5 Preconstruction review and notification requirements.
63.6 Compliance with standards and maintenance requirements.
63.7 Performance testing requirements.
63.8 Monitoring requirements.
63.9 Notification requirements.
63.10 Recordkeeping and reporting requirements.
63.11 Control device requirements.
63.12 State authority and delegations.
63.13 Addresses of State air pollution control agencies and EPA Regional
Offices.
63.14 Incorporations by reference.
63.15 Availability of information and confidentiality.
63.16 Performance Track Provisions.
Subpart B_Requirements for Control Technology Determinations for Major
Sources in Accordance With Clean Air Act Sections, Sections 112(g) and
112(j)
63.40 Applicability of Sec. Sec. 63.40 through 63.44.
63.41 Definitions.
63.42 Program requirements governing construction or reconstruction of
major sources.
63.43 Maximum achievable control technology (MACT) determinations for
constructed and reconstructed major sources.
63.44 Requirements for constructed or reconstucted major sources subject
to a subsequently promulgated MACT standard or MACT
requirement.
63.45-63.49 [Reserved]
63.50 Applicability.
63.51 Definitions.
63.52 Approval process for new and existing emission units.
63.53 Application content for case-by-case MACT determinations.
63.54 Preconstruction review procedures for new affected sources.
63.55 Maximum achievable control technology (MACT) determinations for
affected sources subject to case-by-case determination of
equivalent emission limitations.
63.56 Requirements for case-by-case determination of equivalent emission
limitations after promulgation of subsequent MACT standard.
Tables to Subpart B of Part 63
Table 1 to Subpart B of Part 63--Section 112(j) Part 2 Application Due
Dates
Table 2 to Subpart B of Part 63--MON Source Categories
Subpart C_List of Hazardous Air Pollutants, Petition Process, Lesser
Quantity Designations, Source Category List
63.60 Deletion of caprolactam from the list of hazardous air pollutants.
63.61 Deletion of methyl ethyl ketone from the list of hazardous air
pollutants.
63.62 Redefinition of glycol ethers listed as hazardous air pollutants.
63.63 Deletion of ethylene glycol monobutyl ether from the list of
hazardous air pollutants.
63.64-63.69 [Reserved]
Subpart D_Regulations Governing Compliance Extensions for Early
Reductions of Hazardous Air Pollutants
63.70 Applicability.
63.71 Definitions.
63.72 General provisions for compliance extensions.
63.73 Source.
63.74 Demonstration of early reduction.
63.75 Enforceable commitments.
63.76 Review of base year emissions.
63.77 Application procedures.
63.78 Early reduction demonstration evaluation.
63.79 Approval of applications.
63.80 Enforcement.
63.81 Rules for special situations.
Subpart E_Approval of State Programs and Delegation of Federal
Authorities
63.90 Program overview.
63.91 Criteria for straight delegation and criteria common to all
approval options.
63.92 Approval of State requirements that adjust a section 112 rule.
63.93 Approval of State requirements that substitute for a section 112
rule.
63.94 Approval of State permit terms and conditions that substitute for
a section 112 rule.
63.95 Additional approval criteria for accidental release prevention
programs.
63.96 Review and withdrawal of approval.
[[Page 6]]
63.97 Approval of a State program that substitutes for section 112
requirements.
63.98 [Reserved]
63.99 Delegated Federal authorities.
Subpart F_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
63.100 Applicability and designation of source.
63.101 Definitions.
63.102 General standards.
63.103 General compliance, reporting, and recordkeeping provisions.
63.104 Heat exchange system requirements.
63.105 Maintenance wastewater requirements.
63.106 Implementation and enforcement.
63.107 Identification of process vents subject to this subpart.
Table 1 to Subpart F--Synthetic Organic Chemical Manufacturing Industry
Chemicals
Table 2 to Subpart F--Organic Hazardous Air Pollutants
Table 3 to Subpart F--General Provisions Applicability to Subparts F, G,
and H
Table 4 to Subpart F--Organic Hazardous Air Pollutants Subject to
Cooling Tower Monitoring Requirements in Sec. 63.104
Subpart G_National Emission Standards for Organic Hazardous Air
Pollutants From the Synthetic Organic Chemical Manufacturing Industry
for Process Vents, Storage Vessels, Transfer Operations, and Wastewater
63.110 Applicability.
63.111 Definitions.
63.112 Emission standard.
63.113 Process vent provisions--reference control technology.
63.114 Process vent provisions--monitoring requirements.
63.115 Process vent provisions--methods and procedures for process vent
group determination.
63.116 Process vent provisions--performance test methods and procedures
to determine compliance.
63.117 Process vent provisions--reporting and recordkeeping requirements
for group and TRE determinations and performance tests.
63.118 Process vent provisions--periodic reporting and recordkeeping
requirements.
63.119 Storage vessel provisions--reference control technology.
63.120 Storage vessel provisions--procedures to determine compliance.
63.121 Storage vessel provisions--alternative means of emission
limitation.
63.122 Storage vessel provisions--reporting.
63.123 Storage vessel provisions--recordkeeping.
63.124-63.125 [Reserved]
63.126 Transfer operations provisions--reference control technology.
63.127 Transfer operations provisions--monitoring requirements.
63.128 Transfer operations provisions--test methods and procedures.
63.129 Transfer operations provisions--reporting and recordkeeping for
performance tests and notification of compliance status.
63.130 Transfer operations provisions--periodic recordkeeping and
reporting.
63.131 [Reserved]
63.132 Process wastewater provisions--general.
63.133 Process wastewater provisions--wastewater tanks.
63.134 Process wastewater provisions--surface impoundments.
63.135 Process wastewater provisions--containers.
63.136 Process wastewater provisions--individual drain systems.
63.137 Process wastewater provisions--oil-water separators.
63.138 Process wastewater provisions--performance standards for
treatment processes managing Group 1 wastewater streams and/or
residuals removed from Group 1 wastewater streams.
63.139 Process wastewater provisions--control devices.
63.140 Process wastewater provisions--delay of repair.
63.141-63.142 [Reserved]
63.143 Process wastewater provisions--inspections and monitoring of
operations.
63.144 Process wastewater provisions--test methods and procedures for
determining applicability and Group 1/Group 2 determinations
(determining which wastewater streams require control).
63.145 Process wastewater provisions--test methods and procedures to
determine compliance.
63.146 Process wastewater provisions--reporting.
63.147 Process wastewater provisions--recordkeeping.
63.148 Leak inspection provisions.
63.149 Control requirements for certain liquid streams in open systems
within a chemical manufacturing process unit.
63.150 Emissions averaging provisions.
63.151 Initial notification.
63.152 General reporting and continuous records.
Table 1 to Subpart G--Process Vents--Coefficients for Total Resource
Effectiveness for Existing Source Nonhalogenated and
Halogenated Vent Streams
[[Page 7]]
Table 1A to Subpart G--Applicable 40 CFR Part 63 General Provisions
Table 2 to Subpart G--Process Vents--Coefficients for Total Resource
Effectiveness for New Source Nonhalogenated and Halogenated
Vent Streams
Table 3 to Subpart G--Process Vents--Monitoring, Recordkeeping, and
Reporting Requirements for Complying With 98 Weight-Percent
Reduction of Total Organic Hazardous Air Pollutants Emissions
or a Limit of 20 Parts Per Million by Volume
Table 4 to Subpart G--Process Vents--Monitoring, Recordkeeping, and
Reporting Requirements For Maintaining a TRE Index Value
1.0 and. <=4.0
Table 5 to Subpart G--Group 1 Storage Vessels at Existing Sources
Table 6 to Subpart G--Group 1 Storage Vessels at New Sources
Table 7 to Subpart G--Transfer Operations--Monitoring, Recordkeeping,
and Reporting Requirements for Complying With 98 Weight-
Percent Reduction of Total Organic Hazardous Air Pollutants
Emissions or a Limit of 20 Parts Per Million by Volume
Table 8 to Subpart G--Organic HAP's Subject to the Wastewater Provisions
for Process Units at New Sources
Table 9 to Subpart G--Organic HAP's Subject to the Wastewater Provisions
for Process Units at New and Existing Sources and
Corresponding Fraction Removed (Fr) Values
Table 10 to Subpart G--Wastewater--Compliance Options for Wastewater
Tanks
Table 11 to Subpart G--Wastewater--Inspection and Monitoring
Requirements for Waste Management Units
Table 12 to Subpart G--Monitoring Requirements for Treatment Processes
Table 13 to Subpart G--Wastewater--Monitoring Requirements for Control
Devices
Tables 14-14b to Subpart G [Reserved]
Table 15 to Subpart G--Wastewater--Information on Table 8 and/or Table 9
Compounds To Be Submitted With Notification of Compliance
Status for Process Units at New and/or Existing Sources
Table 16 to Subpart G [Reserved]
Table 17 to Subpart G--Information for Treatment Processes To Be
Submitted With Notification of Compliance Status
Table 18 to Subpart G--Information for Waste Management Units To Be
Submitted With Notification of Compliance Status
Table 19 to Subpart G--Wastewater--Information on Residuals To Be
Submitted With Notification of Compliance Status
Table 20 to Subpart G--Wastewater--Periodic Reporting Requirements for
Control Devices Subject to Sec. 63.139 Used To Comply With
Sec. Sec. 63.13 Through 63.139
Table 21 to Subpart G--Average Storage Temperature (Ts) as a
Function of Tank Paint Color
Table 22 to Subpart G--Paint Factors for Fixed Roof Tanks
Table 23 to Subpart G--Average Clingage Factors (c)
Table 24 to Subpart G--Typical Number of Columns as a Function of Tank
Diameter for Internal Floating Roof Tanks With Column
Supported Fixed Roofs
Table 25 to Subpart G--Effective Column Diameter (Fc)
Table 26 to Subpart G--Seal Related Factors for Internal Floating Roof
Vessels
Table 27 to Subpart G--Summary of Internal Floating Deck Fitting Loss
Factors (KF) and Typical Number of Fittings
(NF)
Table 28 to Subpart G--Deck Seam Length Factors \a\ (SD) for
Internal Floating Roof Tanks
Table 29 to Subpart G--Seal Related Factors for External Floating Roof
Vessels
Table 30 to Subpart G--Roof Fitting Loss Factors, KFa,
KFb, and m, \a\ and Typical Number of Fittings,
NT
Table 31 to Subpart G--Typical Number of Vacuum Breakers, NF6
and Roof Drains, \a\ NF7
Table 32 to Subpart G--Typical Number of Roof Legs, \a\ NF8
Table 33 to Subpart G--Saturation Factors
Table 34 to Subpart G--Fraction Measured (Fm) and Fraction
Emitted (Fe) For HAP Compounds in Wastewater
Streams
Table 35 to Subpart G--Control Requirements for Items of Equipment That
Meet the Criteria of Sec. 63.149 of Subpart G
Table 36 to Subpart G--Compound Lists Used for Compliance Demonstrations
for Enhanced Biological Treatment Processes (See Sec.
63.145(h))
Table 37 to Subpart G--Default Biorates for List 1 Compounds
Figure 1 to Subpart G--Definitions of Terms Used in Wastewater Equations
Subpart H_National Emission Standards for Organic Hazardous Air
Pollutants for Equipment Leaks
63.160 Applicability and designation of source.
63.161 Definitions.
63.162 Standards: General.
[[Page 8]]
63.163 Standards: Pumps in light liquid service.
63.164 Standards: Compressors.
63.165 Standards: Pressure relief devices in gas/vapor service.
63.166 Standards: Sampling connection systems.
63.167 Standards: Open-ended valves or lines.
63.168 Standards: Valves in gas/vapor service and in light liquid
service.
63.169 Standards: Pumps, valves, connectors, and agitators in heavy
liquid service; instrumentation systems; and pressure relief
devices in liquid service.
63.170 Standards: Surge control vessels and bottoms receivers.
63.171 Standards: Delay of repair.
63.172 Standards: Closed-vent systems and control devices.
63.173 Standards: Agitators in gas/vapor service and in light liquid
service.
63.174 Standards: Connectors in gas/vapor service and in light liquid
service.
63.175 Quality improvement program for valves.
63.176 Quality improvement program for pumps.
63.177 Alternative means of emission limitation: General.
63.178 Alternative means of emission limitation: Batch processes.
63.179 Alternative means of emission limitation: Enclosed-vented process
units.
63.180 Test methods and procedures.
63.181 Recordkeeping requirements.
63.182 Reporting requirements.
63.183 Implementation and enforcement.
Table 1 to Subpart H--Batch Processes
Table 2 to Subpart H--Surge Control Vessels and Bottoms Receivers at
Existing Sources
Table 3 to Subpart H--Surge Control Vessels and Bottoms Receivers at New
Sources
Table 4 to Subpart H--Applicable 40 CFR Part 63 General Provisions
Subpart I_National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated Regulation
for Equipment Leaks
63.190 Applicability and designation of source.
63.191 Definitions.
63.192 Standard.
63.193 Implementation and enforcement.
Subpart J_National Emission Standards for Hazardous Air Pollutants for
Polyvinyl Chloride and Copolymers Production
What This Subpart Covers
63.210 What is the purpose of this subpart?
63.211 Am I subject to this subpart?
63.212 What parts of my facility does this subpart cover?
63.213 When do I have to comply with this subpart?
Standards and Compliance Requirements
63.214 What are the requirements I must comply with?
Other Requirements and Information
63.215 What General Provisions apply to me?
63.216 Who administers this subpart?
63.217 What definitions apply to this subpart?
Subpart K [Reserved]
Subpart L_National Emission Standards for Coke Oven Batteries
63.300 Applicability.
63.301 Definitions.
63.302 Standards for by-product coke oven batteries.
63.303 Standards for nonrecovery coke oven batteries.
63.304 Standards for compliance date extension.
63.305 Alternative standards for coke oven doors equipped with sheds.
63.306 Work practice standards.
63.307 Standards for bypass/bleeder stacks.
63.308 Standards for collecting mains.
63.309 Performance tests and procedures.
63.310 Requirements for startups, shutdowns, and malfunctions.
63.311 Reporting and recordkeeping requirements.
63.312 Existing regulations and requirements.
63.313 Implementation and enforcement.
Appendix A to Subpart L--Operating Coke Oven Batteries as of April 1,
1992
Subpart M_National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities
63.320 Applicability.
63.321 Definitions.
63.322 Standards.
63.323 Test methods and monitoring.
63.324 Reporting and recordkeeping requirements.
63.325 Determination of equivalent emission control technology.
63.326 Implementation and enforcement.
Subpart N_National Emission Standards for Chromium Emissions From Hard
and Decorative Chromium Electroplating and Chromium Anodizing Tanks
63.340 Applicability and designation of sources.
[[Page 9]]
63.341 Definitions and nomenclature.
63.342 Standards.
63.343 Compliance provisions.
63.344 Performance test requirements and test methods.
63.345 Provisions for new and reconstructed sources.
63.346 Recordkeeping requirements.
63.347 Reporting requirements.
63.348 Implementation and enforcement.
Table 1 to Subpart N--General Provisions Applicability to Subpart N
Subpart O_Ethylene Oxide Emissions Standards for Sterilization
Facilities
63.360 Applicability.
63.361 Definitions.
63.362 Standards.
63.363 Compliance and performance testing.
63.364 Monitoring requirements.
63.365 Test methods and procedures.
63.366 Reporting requirements.
63.367 Recordkeeping requirements.
63.368 Implementation and enforcement.
Subpart P [Reserved]
Subpart Q_National Emission Standards for Hazardous Air Pollutants for
Industrial Process Cooling Towers
63.400 Applicability.
63.401 Definitions.
63.402 Standard.
63.403 Compliance dates.
63.404 Compliance demonstrations.
63.405 Notification requirements.
63.406 Recordkeeping and reporting requirements.
63.407 Implementation and enforcement.
Table 1 to Subpart Q--General Provisions Applicability to Subpart Q
Subpart R_National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
63.420 Applicability.
63.421 Definitions.
63.422 Standards: Loading racks.
63.423 Standards: Storage vessels.
63.424 Standards: Equipment leaks.
63.425 Test methods and procedures.
63.426 Alternative means of emission limitation.
63.427 Continuous monitoring.
63.428 Reporting and recordkeeping.
63.429 Delegation of authority.
Table 1 to Subpart R--General Provisions Applicability to Subpart R
Subpart S_National Emission Standards for Hazardous Air Pollutants from
the Pulp and Paper Industry
63.440 Applicability.
63.441 Definitions.
63.442 [Reserved]
63.443 Standards for the pulping system at kraft, soda, and semi-
chemical processes.
63.444 Standards for the pulping system at sulfite processes.
63.445 Standards for the bleaching system.
63.446 Standards for kraft pulping process condensates.
63.447 Clean condensate alternative.
63.448-63.449 [Reserved]
63.450 Standards for enclosures and closed-vent systems.
63.451-63.452 [Reserved]
63.453 Monitoring requirements.
63.454 Recordkeeping requirements.
63.455 Reporting requirements.
63.456 [Reserved]
63.457 Test methods and procedures.
63.458 Implementation and enforcement.
63.459 Alternative standards.
Table 1 to Subpart S--General Provisions Applicability to Subpart S
Subpart T_National Emission Standards for Halogenated Solvent Cleaning
63.460 Applicability and designation of source.
63.461 Definitions.
63.462 Batch cold cleaning machine standards.
63.463 Batch vapor and in-line cleaning machine standards.
63.464 Alternative standards.
63.465 Test methods.
63.466 Monitoring procedures.
63.467 Recordkeeping requirements.
63.468 Reporting requirements.
63.469 Equivalent methods of control.
63.470 Implementation and enforcement.
Appendix A to Subpart T--Test of Solvent Cleaning Procedures
Appendix B to Subpart T--General Provisions Applicability to Subpart T
Subpart U_National Emission Standards for Hazardous Air Pollutant
Emissions: Group I Polymers and Resins
63.480 Applicability and designation of affected sources.
63.481 Compliance dates and relationship of this subpart to existing
applicable rules.
63.482 Definitions.
63.483 Emission standards.
63.484 Storage vessel provisions.
63.485 Continuous front-end process vent provisions.
[[Page 10]]
63.486 Batch front-end process vent provisions.
63.487 Batch front-end process vents--reference control technology.
63.488 Methods and procedures for batch front-end process vent group
determination.
63.489 Batch front-end process vents--monitoring equipment.
63.490 Batch front-end process vents--performance test methods and
procedures to determine compliance.
63.491 Batch front-end process vents--recordkeeping requirements.
63.492 Batch front-end process vents--reporting requirements.
63.493 Back-end process provisions.
63.494 Back-end process provisions--residual organic HAP limitations.
63.495 Back-end process provisions--procedures to determine compliance
using stripping technology.
63.496 Back-end process provisions--procedures to determine compliance
using control or recovery devices.
63.497 Back-end process provisions--monitoring provisions for control
and recovery devices.
63.498 Back-end process provisions--recordkeeping.
63.499 Back-end process provisions--reporting.
63.500 Back-end process provisions--carbon disulfide limitations for
styrene butadiene rubber by emulsion processes.
63.501 Wastewater provisions.
63.502 Equipment leak and heat exchange system provisions.
63.503 Emissions averaging provisions.
63.504 Additional requirements for performance testing.
63.505 Parameter monitoring levels and excursions.
63.506 General recordkeeping and reporting provisions.
63.507 Implementation and enforcement.
Table 1 to Subpart U--Applicability of General Provisions to Subpart U
Affected Sources
Table 2 to Subpart U--Applicability of Subparts F, G, & H of this Part
to Subpart U Affected Sources
Table 3 to Subpart U--Group 1 Storage Vessels at Existing Affected
Sources
Table 4 to Subpart U--Group 1 Storage Vessels at New Sources
Table 5 to Subpart U--Known Organic HAP From the Production of Elastomer
Products
Table 6 to Subpart U--Group 1 Batch Front-End Process Vents and
Aggregate Batch Vent Streams--Monitoring, Recordkeeping, and
Reporting Requirements
Table 7 to Subpart U--Operating Parameters for Which Monitoring Levels
Are Required To Be Established for Continuous and Batch Front-
End Process Vents and Aggregate Batch Vent Streams
Table 8 to Subpart U--Summary of Compliance Alternative Requirements for
the Back-End Process Provisions
Table 9 to Subpart U--Routine Reports Required by This Subpart
Subpart V [Reserved]
Subpart W_National Emission Standards for Hazardous Air Pollutants for
Epoxy Resins Production and Non-Nylon Polyamides Production
63.520 Applicability and designation of sources.
63.521 Compliance schedule.
63.522 Definitions.
63.523 Standards for basic liquid resins manufacturers.
63.524 Standards for wet strength resins manufacturers.
63.525 Compliance and performance testing.
63.526 Monitoring requirements.
63.527 Recordkeeping requirements.
63.528 Reporting requirements.
63.529 Implementation and enforcement.
Table 1 to Subpart W--General Provisions Applicability to Subpart W
Subpart X_National Emission Standards for Hazardous Air Pollutants from
Secondary Lead Smelting
63.541 Applicability.
63.542 Definitions.
63.543 Standards for process sources.
63.544 Standards for process fugitive sources.
63.545 Standards for fugitive dust sources.
63.546 Compliance dates.
63.547 Test methods.
63.548 Monitoring requirements.
63.549 Notification requirements.
63.550 Recordkeeping and reporting requirements.
63.551 Implementation and enforcement.
Subpart Y_National Emission Standards for Marine Tank Vessel Loading
Operations
63.560 Applicability and designation of affected source.
63.561 Definitions.
63.562 Standards.
63.563 Compliance and performance testing.
63.564 Monitoring requirements.
63.565 Test methods and procedures.
63.566 Construction and reconstruction.
63.567 Recordkeeping and reporting requirements.
63.568 Implementation and enforcement.
Subpart Z [Reserved]
[[Page 11]]
63.569-63.599 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted.
(a) General. (1) Terms used throughout this part are defined in
Sec. 63.2 or in the Clean Air Act (Act) as amended in 1990, except that
individual subparts of this part may include specific definitions in
addition to or that supersede definitions in Sec. 63.2.
(2) This part contains national emission standards for hazardous air
pollutants (NESHAP) established pursuant to section 112 of the Act as
amended November 15, 1990. These standards regulate specific categories
of stationary sources that emit (or have the potential to emit) one or
more hazardous air pollutants listed in this part pursuant to section
112(b) of the Act. This section explains the applicability of such
standards to sources affected by them. The standards in this part are
independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61
promulgated by signature of the Administrator before November 15, 1990
(i.e., the date of enactment of the Clean Air Act Amendments of 1990)
remain in effect until they are amended, if appropriate, and added to
this part.
(3) No emission standard or other requirement established under this
part shall be interpreted, construed, or applied to diminish or replace
the requirements of a more stringent emission limitation or other
applicable requirement established by the Administrator pursuant to
other authority of the Act (section 111, part C or D or any other
authority of this Act), or a standard issued under State authority. The
Administrator may specify in a specific standard under this part that
facilities subject to other provisions under the Act need only comply
with the provisions of that standard.
(4)(i) Each relevant standard in this part 63 must identify
explicitly whether each provision in this subpart A is or is not
included in such relevant standard.
(ii) If a relevant part 63 standard incorporates the requirements of
40 CFR part 60, part 61 or other part 63 standards, the relevant part 63
standard must identify explicitly the applicability of each
corresponding part 60, part 61, or other part 63 subpart A (General)
provision.
(iii) The General Provisions in this subpart A do not apply to
regulations developed pursuant to section 112(r) of the amended Act,
unless otherwise specified in those regulations.
(5) [Reserved]
(6) To obtain the most current list of categories of sources to be
regulated under section 112 of the Act, or to obtain the most recent
regulation promulgation schedule established pursuant to section 112(e)
of the Act, contact the Office of the Director, Emission Standards
Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-
13), Research Triangle Park, North Carolina 27711.
(7)-(9) [Reserved]
(10) 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.
(11) 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, test plan, 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
[[Page 12]]
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.
(12) 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 Sec. 63.9(i).
(b) Initial applicability determination for this part. (1) The
provisions of this part apply to the owner or operator of any stationary
source that--
(i) Emits or has the potential to emit any hazardous air pollutant
listed in or pursuant to section 112(b) of the Act; and
(ii) Is subject to any standard, limitation, prohibition, or other
federally enforceable requirement established pursuant to this part.
(2) [Reserved]
(3) An owner or operator of a stationary source who is in the
relevant source category and who determines that the source is not
subject to a relevant standard or other requirement established under
this part must keep a record as specified in Sec. 63.10(b)(3).
(c) Applicability of this part after a relevant standard has been
set under this part. (1) If a relevant standard has been established
under this part, the owner or operator of an affected source must comply
with the provisions of that standard and of this subpart as provided in
paragraph (a)(4) of this section.
(2) Except as provided in Sec. 63.10(b)(3), if a relevant standard
has been established under this part, the owner or operator of an
affected source may be required to obtain a title V permit from a
permitting authority in the State in which the source is located.
Emission standards promulgated in this part for area sources pursuant to
section 112(c)(3) of the Act will specify whether--
(i) States will have the option to exclude area sources affected by
that standard from the requirement to obtain a title V permit (i.e., the
standard will exempt the category of area sources altogether from the
permitting requirement);
(ii) States will have the option to defer permitting of area sources
in that category until the Administrator takes rulemaking action to
determine applicability of the permitting requirements; or
(iii) If a standard fails to specify what the permitting
requirements will be for area sources affected by such a standard, then
area sources that are subject to the standard will be subject to the
requirement to obtain a title V permit without any deferral.
(3)-(4) [Reserved]
(5) 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 also shall be subject to the notification
requirements of this subpart.
(d) [Reserved]
(e) If the Administrator promulgates an emission standard under
section 112(d) or (h) of the Act that is applicable to a source subject
to an emission limitation by permit established under section 112(j) of
the Act, and the requirements under the section 112(j) emission
limitation are substantially as effective as the promulgated emission
standard, the owner or operator may request the permitting authority to
revise the source's title V permit to reflect that the emission
limitation in the permit satisfies the requirements of the promulgated
emission standard. The process by which the permitting authority
determines whether the section 112(j) emission limitation is
substantially as effective as the promulgated emission standard must
include, consistent with part 70 or 71 of this chapter, the opportunity
for full public, EPA, and affected State review (including the
opportunity for EPA's objection) prior to the permit revision
[[Page 13]]
being finalized. A negative determination by the permitting authority
constitutes final action for purposes of review and appeal under the
applicable title V operating permit program.
[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002]