[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: 40CFR63.50]



[Page 79]

 

                   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.  63.50  Applicability.



    (a) General applicability. (1) The requirements of this section 

through Sec.  63.56 implement section 112(j) of the Clean Air Act (as 

amended in 1990). The requirements of this section through Sec.  63.56 

apply in each State beginning on the effective date of an approved title 

V permit program in such State. The requirements of this section through 

Sec.  63.56 do not apply to research or laboratory activities as defined 

in Sec.  63.51.

    (2) The requirements of this section through Sec.  63.56 apply to:

    (i) The owner or operator of affected sources within a source 

category or subcategory under this part that are located at a major 

source that is subject to an approved title V permit program and for 

which the Administrator has failed to promulgate emission standards by 

the section 112(j) deadlines. If title V applicability has been deferred 

for a source category, then section 112(j) is not applicable for sources 

in that category within that State, local or tribal jurisdiction until 

those sources become subject to title V permitting requirements; and

    (ii) Permitting authorities with an approved title V permit program.

    (b) Relationship to State and local requirements. Nothing in 

Sec. Sec.  63.50 through 63.56 shall prevent a State or local regulatory 

agency from imposing more stringent requirements, as a matter of State 

or local law, than those contained in Sec. Sec.  63.50 through 63.56.

    (c) The procedures in Sec. Sec.  63.50 through 63.56 apply for each 

affected source only after the section 112(j) deadline for the source 

category or subcategory in question has passed, and only until such time 

as a generally applicable Federal standard governing that source has 

been promulgated under section 112(d) or 112(h) of the Act. Once a 

generally applicable Federal standard governing that source has been 

promulgated, the owner or operator of the affected source and the 

permitting authority are not required to take any further actions to 

develop an equivalent emission limitation under section 112(j) of the 

Act.

    (d) Any final equivalent emission limitation for an affected source 

which is issued by the permitting authority pursuant to Sec. Sec.  63.50 

through 63.56 prior to promulgation of a generally applicable Federal 

standard governing that source under section 112(d) or 112(h) of the Act 

shall be deemed an applicable Federal requirement adopted pursuant to 

section 112(j) of the Act. Each such equivalent emission limitation 

shall take effect upon issuance of the permit containing that limitation 

under section 112(j)(5) of the Act, and shall remain applicable to the 

source until such time as it may be revised or supplanted pursuant to 

the procedures established by Sec. Sec.  63.50 through 63.56. Such a 

final equivalent emission limitation, and all associated requirements 

adopted pursuant to Sec.  63.52(f)(2), are directly enforceable under 

Federal law regardless of whether or not any permit in which they may be 

contained remains in effect.



[59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 

FR 32601, May 30, 2003]