[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: 40CFR63.9]



[Page 48-52]

 

                   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.  63.9  Notification requirements.



    (a) Applicability and general information. (1) The applicability of 

this section is set out in Sec.  63.1(a)(4).

    (2) For affected sources that have been granted an extension of 

compliance under subpart D of this part, the requirements of this 

section do not apply to those sources while they are operating under 

such compliance extensions.

    (3) If any State requires a notice that contains all the information 

required in a notification listed in this section,



[[Page 49]]



the owner or operator may send the Administrator a copy of the notice 

sent to the State to satisfy the requirements of this section for that 

notification.

    (4)(i) Before a State has been delegated the authority to implement 

and enforce notification requirements established under this part, the 

owner or operator of an affected source in such State subject to such 

requirements shall submit notifications to the appropriate Regional 

Office of the EPA (to the attention of the Director of the Division 

indicated in the list of the EPA Regional Offices in Sec.  63.13).

    (ii) After a State has been delegated the authority to implement and 

enforce notification requirements established under this part, the owner 

or operator of an affected source in such State subject to such 

requirements shall submit notifications to the delegated State authority 

(which may be the same as the permitting authority). In addition, if the 

delegated (permitting) authority is the State, the owner or operator 

shall send a copy of each notification submitted to the State to the 

appropriate Regional Office of the EPA, as specified in paragraph 

(a)(4)(i) of this section. The Regional Office may waive this 

requirement for any notifications at its discretion.

    (b) Initial notifications. (1)(i) The requirements of this paragraph 

apply to the owner or operator of an affected source when such source 

becomes subject to a relevant standard.

    (ii) 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 shall be subject to the 

notification requirements of this section.

    (iii) Affected sources that are required under this paragraph to 

submit an initial notification may use the application for approval of 

construction or reconstruction under Sec.  63.5(d) of this subpart, if 

relevant, to fulfill the initial notification requirements of this 

paragraph.

    (2) The owner or operator of an affected source that has an initial 

startup before the effective date of a relevant standard under this part 

shall notify the Administrator in writing that the source is subject to 

the relevant standard. The notification, which shall be submitted not 

later than 120 calendar days after the effective date of the relevant 

standard (or within 120 calendar days after the source becomes subject 

to the relevant standard), shall provide the following information:

    (i) The name and address of the owner or operator;

    (ii) The address (i.e., physical location) of the affected source;

    (iii) An identification of the relevant standard, or other 

requirement, that is the basis of the notification and the source's 

compliance date;

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

operation of the source and an identification of the types of emission 

points within the affected source subject to the relevant standard and 

types of hazardous air pollutants emitted; and

    (v) A statement of whether the affected source is a major source or 

an area source.

    (3) [Reserved]

    (4) The owner or operator of a new or reconstructed major affected 

source for which an application for approval of construction or 

reconstruction is required under Sec.  63.5(d) must provide the 

following information in writing to the Administrator:

    (i) A notification of intention to construct a new major-emitting 

affected source, reconstruct a major-emitting affected source, or 

reconstruct a major source such that the source becomes a major-emitting 

affected source with the application for approval of construction or 

reconstruction as specified in Sec.  63.5(d)(1)(i); and

    (ii)-(iv) [Reserved]

    (v) A notification of the actual date of startup of the source, 

delivered or postmarked within 15 calendar days after that date.

    (5) The owner or operator of a new or reconstructed affected source 

for which an application for approval of construction or reconstruction 

is not required



[[Page 50]]



under Sec.  63.5(d) must provide the following information in writing to 

the Administrator:

    (i) A notification of intention to construct a new affected source, 

reconstruct an affected source, or reconstruct a source such that the 

source becomes an affected source, and

    (ii) A notification of the actual date of startup of the source, 

delivered or postmarked within 15 calendar days after that date.

    (iii) Unless the owner or operator has requested and received prior 

permission from the Administrator to submit less than the information in 

Sec.  63.5(d), the notification must include the information required on 

the application for approval of construction or reconstruction as 

specified in Sec.  63.5(d)(1)(i).

    (c) Request for extension of compliance. If the owner or operator of 

an affected source cannot comply with a relevant standard by the 

applicable compliance date for that source, or if the owner or operator 

has installed BACT or technology to meet LAER consistent with Sec.  

63.6(i)(5) of this subpart, he/she may submit to the Administrator (or 

the State with an approved permit program) a request for an extension of 

compliance as specified in Sec.  63.6(i)(4) through Sec.  63.6(i)(6).

    (d) Notification that source is subject to special compliance 

requirements. An owner or operator of a new source that is subject to 

special compliance requirements as specified in Sec.  63.6(b)(3) and 

Sec.  63.6(b)(4) shall notify the Administrator of his/her compliance 

obligations not later than the notification dates established in 

paragraph (b) of this section for new sources that are not subject to 

the special provisions.

    (e) Notification of performance test. The owner or operator of an 

affected source shall notify the Administrator in writing of his or her 

intention to conduct a performance test at least 60 calendar days before 

the performance test is scheduled to begin to allow the Administrator to 

review and approve the site-specific test plan required under Sec.  

63.7(c), if requested by the Administrator, and to have an observer 

present during the test.

    (f) Notification of opacity and visible emission observations. The 

owner or operator of an affected source shall notify the Administrator 

in writing of the anticipated date for conducting the opacity or visible 

emission observations specified in Sec.  63.6(h)(5), if such 

observations are required for the source by a relevant standard. The 

notification shall be submitted with the notification of the performance 

test date, as specified in paragraph (e) of this section, or if no 

performance test is required or visibility or other conditions prevent 

the opacity or visible emission observations from being conducted 

concurrently with the initial performance test required under Sec.  

63.7, the owner or operator shall deliver or postmark the notification 

not less than 30 days before the opacity or visible emission 

observations are scheduled to take place.

    (g) Additional notification requirements for sources with continuous 

monitoring systems. The owner or operator of an affected source required 

to use a CMS by a relevant standard shall furnish the Administrator 

written notification as follows:

    (1) A notification of the date the CMS performance evaluation under 

Sec.  63.8(e) is scheduled to begin, submitted simultaneously with the 

notification of the performance test date required under Sec.  63.7(b). 

If no performance test is required, or if the requirement to conduct a 

performance test has been waived for an affected source under Sec.  

63.7(h), the owner or operator shall notify the Administrator in writing 

of the date of the performance evaluation at least 60 calendar days 

before the evaluation is scheduled to begin;

    (2) A notification that COMS data results will be used to determine 

compliance with the applicable opacity emission standard during a 

performance test required by Sec.  63.7 in lieu of Method 9 or other 

opacity emissions test method data, as allowed by Sec.  63.6(h)(7)(ii), 

if compliance with an opacity emission standard is required for the 

source by a relevant standard. The notification shall be submitted at 

least 60 calendar days before the performance test is scheduled to 

begin; and

    (3) A notification that the criterion necessary to continue use of 

an alternative to relative accuracy testing, as provided by Sec.  

63.8(f)(6), has been exceeded. The notification shall be delivered



[[Page 51]]



or postmarked not later than 10 days after the occurrence of such 

exceedance, and it shall include a description of the nature and cause 

of the increased emissions.

    (h) Notification of compliance status. (1) The requirements of 

paragraphs (h)(2) through (h)(4) of this section apply when an affected 

source becomes subject to a relevant standard.

    (2)(i) Before a title V permit has been issued to the owner or 

operator of an affected source, and each time a notification of 

compliance status is required under this part, the owner or operator of 

such source shall submit to the Administrator a notification of 

compliance status, signed by the responsible official who shall certify 

its accuracy, attesting to whether the source has complied with the 

relevant standard. The notification shall list--

    (A) The methods that were used to determine compliance;

    (B) The results of any performance tests, opacity or visible 

emission observations, continuous monitoring system (CMS) performance 

evaluations, and/or other monitoring procedures or methods that were 

conducted;

    (C) The methods that will be used for determining continuing 

compliance, including a description of monitoring and reporting 

requirements and test methods;

    (D) The type and quantity of hazardous air pollutants emitted by the 

source (or surrogate pollutants if specified in the relevant standard), 

reported in units and averaging times and in accordance with the test 

methods specified in the relevant standard;

    (E) If the relevant standard applies to both major and area sources, 

an analysis demonstrating whether the affected source is a major source 

(using the emissions data generated for this notification);

    (F) A description of the air pollution control equipment (or method) 

for each emission point, including each control device (or method) for 

each hazardous air pollutant and the control efficiency (percent) for 

each control device (or method); and

    (G) A statement by the owner or operator of the affected existing, 

new, or reconstructed source as to whether the source has complied with 

the relevant standard or other requirements.

    (ii) The notification must be sent before the close of business on 

the 60th day following the completion of the relevant compliance 

demonstration activity specified in the relevant standard (unless a 

different reporting period is specified in the standard, in which case 

the letter must be sent before the close of business on the day the 

report of the relevant testing or monitoring results is required to be 

delivered or postmarked). For example, the notification shall be sent 

before close of business on the 60th (or other required) day following 

completion of the initial performance test and again before the close of 

business on the 60th (or other required) day following the completion of 

any subsequent required performance test. If no performance test is 

required but opacity or visible emission observations are required to 

demonstrate compliance with an opacity or visible emission standard 

under this part, the notification of compliance status shall be sent 

before close of business on the 30th day following the completion of 

opacity or visible emission observations. Notifications may be combined 

as long as the due date requirement for each notification is met.

    (3) After a title V permit has been issued to the owner or operator 

of an affected source, the owner or operator of such source shall comply 

with all requirements for compliance status reports contained in the 

source's title V permit, including reports required under this part. 

After a title V permit has been issued to the owner or operator of an 

affected source, and each time a notification of compliance status is 

required under this part, the owner or operator of such source shall 

submit the notification of compliance status to the appropriate 

permitting authority following completion of the relevant compliance 

demonstration activity specified in the relevant standard.

    (4) [Reserved]

    (5) If an owner or operator of an affected source submits estimates 

or preliminary information in the application for approval of 

construction or reconstruction required in Sec.  63.5(d) in place of the 

actual emissions data or



[[Page 52]]



control efficiencies required in paragraphs (d)(1)(ii)(H) and (d)(2) of 

Sec.  63.5, the owner or operator shall submit the actual emissions data 

and other correct information as soon as available but no later than 

with the initial notification of compliance status required in this 

section.

    (6) Advice on a notification of compliance status may be obtained 

from the Administrator.

    (i) Adjustment to time periods or postmark deadlines for submittal 

and review of required communications. (1)(i) Until an adjustment of a 

time period or postmark deadline has been approved by the Administrator 

under paragraphs (i)(2) and (i)(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 (i)(2) and (i)(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.

    (j) Change in information already provided. Any change in the 

information already provided under this section shall be provided to the 

Administrator in writing within 15 calendar days after the change.



[59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 

FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003]