[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.1]

[Page 17-18]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  65.1  Applicability.


    (a) The provisions of this subpart apply to owners or operators 
expressly referenced to this part from a subpart of 40 CFR part 60, 61, 
or 63 for which the owner or operator has chosen to comply with the 
provisions of this part as an alternative to the provisions in the 
referencing subpart as specified in paragraph (b) of this section.
    (b) Owners or operators may choose to comply with this part for any 
regulated source subject to a referencing subpart.
    (c) Compliance with this part instead of the referencing subparts 
does not alter the applicability of the referencing subparts. This part 
applies to only the equipment, process vents, storage vessels, or 
transfer operations to which the referencing subparts apply. This part 
does not extend applicability to equipment, process vents, storage 
vessels, or transfer operations that are not regulated by the 
referencing subpart.
    (d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61, 
subpart A;

[[Page 18]]

and 40 CFR part 63, subpart A, that are listed in table 1 of this 
subpart still apply to owners or operators of regulated sources 
expressly referenced to this part. The owner or operator shall comply 
with the provisions in table 1 of this subpart in the column 
corresponding to the referencing subpart. All provisions of 40 CFR part 
60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, 
not expressly referenced in table 1 of this subpart do not apply, and 
the provisions of this part apply instead, except that provisions which 
were required to be met prior to implementation of this part 65 still 
apply.
    (e) The provisions of the referencing subparts that are listed in 
table 2 of this subpart still apply to owners or operators of regulated 
sources expressly referenced to this part. The owner or operator shall 
comply with the provisions in table 2 of this subpart in the row 
corresponding to the referencing subpart. All provisions of the 
referencing subparts not expressly referenced in table 2 to this subpart 
do not apply and the provisions of this part apply instead, except that 
provisions which were required to be met prior to implementation of this 
part 65 still apply.
    (f) Implementation date. Owners or operators who choose to comply 
with this part shall comply by the dates specified in paragraph (f)(1) 
of this section, as applicable, and shall meet the requirement in 
paragraph (f)(2) of this section.
    (1) Owners or operators shall implement this part as specified in an 
implementation schedule or at initial startup. The implementation date 
shall be established by mutual agreement with the Administrator or 
delegated authority. The implementation schedule shall be included in 
the source's title V permit. For non-title V sources, the implementation 
schedule shall be proposed by the source in the Initial Notification for 
Part 65 Applicability as specified in Sec.  65.5(c).
    (2) There shall be no gaps in compliance between compliance with the 
referencing subpart and compliance with this part.
    (g) Transitioning out of this part. Owners or operators who decide 
to no longer comply with this part and to comply with the provisions in 
the referencing subpart instead shall comply with the following, as 
applicable:
    (1) This transition shall be carried out on a date established in a 
title V permit or if the source is not a title V source, by a date 
established by agreement with the Administrator or delegated authority. 
The transition date shall be proposed in a title V permit amendment, or 
for non-title V sources, in a periodic report or separate notice.
    (2) There shall be no gaps in compliance between compliance with 
this part and compliance with the referencing subpart provisions.
    (h) Overlap with other subparts of this part. When provisions of 
another subpart of this part conflict with the provisions of this 
subpart, the provisions of the other subpart shall apply.
    (i) Equipment assignment procedures. If specific items of equipment 
(pumps, compressors, agitators, pressure relief devices, sampling 
connection systems, open-ended valves or lines, valves, connectors, 
instrumentation systems, surge control vessels, and bottoms receivers) 
that are part of a process unit complying with this part are managed by 
different administrative organizations (for example, different 
companies, affiliates, departments, divisions, etc.), those items of 
equipment may be aggregated with any process unit within the plant site.