[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: 40CFR63.40]



[Page 69-70]

 

                   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 B_Requirements for Control Technology Determinations for Major 

 Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 

                                 112(j)

 

Sec.  63.40  Applicability of Sec. Sec.  63.40 through 63.44.



    Source: 59 FR 26449, May 20, 1994, unless otherwise noted.





    (a) Applicability. The requirements of Sec. Sec.  63.40 through 

63.44 of this subpart carry out section 112(g)(2)(B) of the 1990 

Amendments.

    (b) Overall requirements. The requirements of Sec. Sec.  63.40 

through 63.44 of this subpart apply to any owner or operator who 

constructs or reconstructs a major source of hazardous air pollutants 

after the effective date of section 112(g)(2)(B) (as defined in Sec.  

63.41) and the effective date of a title V permit program in the State 

or local jurisdiction in which the major source is (or would be) located 

unless the major source in question has been specifically regulated or 

exempted from regulation under a standard issued pursuant to section 

112(d), section 112(h), or section 112(j) and incorporated in another 

subpart of part 63, or the owner or operator of such major source has 

received all necessary air quality permits for such construction



[[Page 70]]



or reconstruction project before the effective date of section 

112(g)(2)(B).

    (c) Exclusion for electric utility steam generating units. The 

requirements of this subpart do not apply to electric utility steam 

generating units unless and until such time as these units are added to 

the source category list pursuant to section 112(c)(5) of the Act.

    (d) Relationship to State and local requirements. Nothing in this 

subpart shall prevent a State or local agency from imposing more 

stringent requirements than those contained in this subpart.

    (e) Exclusion for stationary sources in deleted source categories. 

The requirements of this subpart do not apply to stationary sources that 

are within a source category that has been deleted from the source 

category list pursuant to section 112(c)(9) of the Act.

    (f) Exclusion for research and development activities. The 

requirements of this subpart do not apply to research and development 

activities, as defined in Sec.  63.41.



[61 FR 68399, Dec. 27, 1996]