[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: 40CFR63.4]



[Page 20]

 

                   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.  63.4  Prohibited activities and circumvention.



    (a) Prohibited activities. (1) No owner or operator subject to the 

provisions of this part must operate any affected source in violation of 

the requirements of this part. Affected sources subject to and in 

compliance with either an extension of compliance or an exemption from 

compliance are not in violation of the requirements of this part. An 

extension of compliance can be granted by the Administrator under this 

part; by a State with an approved permit program; or by the President 

under section 112(i)(4) of the Act.

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

shall fail to keep records, notify, report, or revise reports as 

required under this part.

    (3)-(5) [Reserved]

    (b) Circumvention. 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--

    (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;

    (2) The use of gaseous diluents to achieve compliance with a 

relevant standard for visible emissions; and

    (c) Fragmentation. Fragmentation after November 15, 1990 which 

divides ownership of an operation, within the same facility among 

various owners where there is no real change in control, will not affect 

applicability. The owner and operator must not use fragmentation or 

phasing of reconstruction activities (i.e., intentionally dividing 

reconstruction into multiple parts for purposes of avoiding new source 

requirements) to avoid becoming subject to new source requirements.



[59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002]



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