§63.1. Applicability. — Inbound Citations

(A) Air Pollution Control Board, Article 1: General Provisions, Rule 2: Definitions, Section 32.1: “Gooseneck cap” definition, Section 34.1: “Jumper pipe” definition, Section 62.1: “Quench car” definition, Section 63.1: “Quench reservoir” definition, and Section 63.2: “Quench tower” definition. Added at 16 Indiana Register 2363, effective June 11, 1993.

Table 9 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in 40 CFR 63.1 through 63.16 apply to you.

(j) You must comply with the following requirements of the general provisions in subpart A of this part: §§ 63.1 through 63.5; § 63.6(a), (b), and (c); § 63.9; § 63.10(a), (b)(1), (b)(2)(xiv), (b)(3), (d)(1) and (4), and (f); and §§ 63.13 through 63.16. Requirements of the general provisions not cited in the preceding sentence do not apply to the owner or operator of a new or existing affected source that is classified as a small foundry.

(b) The following provisions of subpart A of this part (General Provisions), §§ 63.1 through 63.5, and §§ 63.12 through 63.15, apply to owners or operators of affected sources subject to this subpart. For sources that reclassify from major source to area source status, the applicable provisions of § 63.9(j) and (k) apply. Beginning no later than the compliance dates specified in § 63.1102(c), for ethylene production affected sources, §§ 63.7(a)(4), (c), (e)(4), and (g)(2), 63.9(k), and 63.10(b)(2)(vi) also apply.

Table 8 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

The provisions in 40 CFR part 63, subpart A, applicable to this subpart are §§ 63.1 through 63.5 and §§ 63.11 through 63.16.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 1 to this subpart shows which parts of the general provisions in §§ 63.1 through 63.15 apply to you.

Table 44 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Terms used in this subpart are defined in the Clean Air Act (CAA), in 40 CFR 63.2, the General Provisions of this part (§§ 63.1 through 63.15), and in this section as listed. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for purposes of this subpart.

(b) All provisions in §§ 63.1 through 63.15 of subpart A of this part which apply to owners and operators of sources subject to subparts I and H of this part, are:

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(2) The definitions of § 63.2 unless changed or modified by specific entry in § 63.191 or § 63.161;

(3) The units and abbreviations in § 63.3;

(4) The prohibited activities and circumvention provisions of § 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b);

(5) The construction and reconstruction provisions of § 63.5(a), (b)(1), (b)(3), (d) (except the review is limited to the equipment subject to the provisions of subpart H), (e), and (f);

(i) Except as specified in paragraph (b)(12) of this section, the compliance with standards and maintenance requirements of § 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), (i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and (j);

(ii) Except as specified in paragraph (b)(12) of this section, the operational and maintenance requirements of § 63.6(e). The startup, shutdown, and malfunction plan requirement of § 63.6(e)(3) is limited to control devices subject to the provisions of subpart H of this part and is optional for other equipment subject to subpart H. The startup, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair. On and after July 15, 2027, the last two sentences of this paragraph do not apply.

(7) With respect to flares, except as specified in paragraph (b)(12) of this section, the performance testing requirements of § 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h);

(8) The notification requirements of § 63.9 (a)(1), (a)(3), (a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in subpart H), (c), (d), and (i);

(9) The recordkeeping and reporting requirements of § 63.10(a) and (f);

(10) Except as specified in paragraph (b)(12) of this section, the control device requirements of § 63.11(b); and

(11) The provisions of § 63.12 through § 63.15.

(12) On and after July 15, 2027, § 63.6(e)(1)(i), (e)(1)(ii), and (e)(3), § 63.7(e)(1), and § 63.11(b) do not apply. Instead, you must comply with paragraphs (b)(12)(i) through (iii) of this section.

(i) The owner or operator of a source subject to this subpart shall comply with the requirements at all times, except during periods of nonoperation of the source (or specific portion thereof) resulting in cessation of the emissions to which this subpart or subpart H of this part applies.

(ii) At all times, owners and operators subject to this subpart must operate and maintain any source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require owners and operators to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.

(iii) Owners and operators that use a flare to comply with this subpart must comply with § 63.108.

Terms used in this subpart are defined in the Clean Air Act; 40 CFR 61.02 of this chapter, the NESHAP General Provisions; 40 CFR 61.61 of this chapter, the Vinyl Chloride NESHAP; and, § 63.2, in regard to terms used in §§ 63.1 and 63.5.

Table 6 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, in the General Provisions of this part (§§ 63.1 through 63.15), and in this section as follows:

Table 10 to this subpart shows which parts of the general provisions in §§ 63.1 through 63.16 apply to you.

Table 12 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 12 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 1 of this section shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Table 1 of § 63.2870 follows:

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 5 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

(a) You are subject to the requirements of this subpart if you own or operate a sterilization facility that has an affected source specified in paragraph (b) of this section. Table 6 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 3 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 4 to this subpart indicates which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 2 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

(a) Table 10 to this subpart shows which provisions of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 15 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 17 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 7 of this subpart shows which parts of the General Provisions in § 63.1 through 15 apply to you.

Table 8 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. If you own or operate a new or reconstructed stationary RICE with a site rating of less than or equal to 500 brake HP located at a major source of HAP emissions (except new or reconstructed 4SLB engines greater than or equal to 250 and less than or equal to 500 brake HP), a new or reconstructed stationary RICE located at an area source of HAP emissions, or any of the following RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions, you do not need to comply with any of the requirements of the General Provisions specified in Table 8: An existing 2SLB stationary RICE, an existing 4SLB stationary RICE, an existing stationary RICE that combusts landfill or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis, an existing emergency stationary RICE, or an existing limited use stationary RICE. If you own or operate any of the following RICE with a site rating of more than 500 brake HP located at a major source of HAP emissions, you do not need to comply with the requirements in the General Provisions specified in Table 8 except for the initial notification requirements: A new stationary RICE that combusts landfill gas or digester gas equivalent to 10 percent or more of the gross heat input on an annual basis, a new emergency stationary RICE, or a new limited use stationary RICE.

Table 9 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you. When there is overlap between subpart A and subpart AAAAA, as indicated in the “Explanations” column in Table 8, subpart AAAAA takes precedence.

Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.13 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 10 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 4 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 3 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 10 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 10 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.13 apply to you.

Table 10 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 11 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 7 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 7 to this subpart shows which sections of the General Provisions in §§ 63.1 through 63.15 apply to you.

(a) Table 7 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

(A) Section 63.1, Applicability Determinations

Table 7 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 1 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Table 4 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.16 apply to you.

Table 11 to this subpart shows which parts of the General Provisions specified in §§ 63.1 through 63.16 apply to you.

Table 4 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(4) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (a)(2) of this section.

(4) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (a)(2) of this section.

(d) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (b) of this section.

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) The applicability of this section is set out in § 63.1(a)(4).

(1) The applicability of this section is set out in § 63.1(a)(4).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(4) Limitations and conditions that are part of an approved State Implementation Plan (SIP) or a Federal Implementation Plan (FIP);

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) The requirements in this section apply to the owner or operator of affected sources for which any relevant standard has been established pursuant to section 112 of the Act and the applicability of such requirements is set out in accordance with § 63.1(a)(4) unless—

(i) The Administrator (or a State with an approved permit program) has granted an extension of compliance consistent with paragraph (i) of this section; or

(ii) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act.

(1) The applicability of this section is set out in § 63.1(a)(4).

(1) The applicability of this section is set out in § 63.1(a)(4).

(1) The applicability of this section is set out in § 63.1(a)(4).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) § 63.1(a)(1) through (10).

(1) Section 63.1(a)(1) through (10).

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14);

(1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14).

(2) § 63.1(b) except paragraph (b)(3), §§ 63.1(c) and 63.1(e).

(2) Section 63.1(b) except paragraph (b)(3), § 63.1(c), and § 63.1(e).

(2) The specific applicability provisions in § 63.1(b) through (e) except for the reference to § 63.10 for recordkeeping procedures.

(3) If an owner or operator determines that his or her existing or new stationary source is in the source category regulated by a standard established pursuant to section 112 of the Act, but that source is not subject to the relevant standard (or other requirement established under this part) because of enforceable limitations on the source's potential to emit, or the source otherwise qualifies for an exclusion, the owner or operator must keep a record of the applicability determination. The applicability determination must be kept on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source subject to the relevant standard (or other requirement established under this part), whichever comes first if the determination is made prior to January 19, 2021. The applicability determination must be kept until the source changes its operations to become an affected source subject to the relevant standard (or other requirement established under this part) if the determination was made on or after January 19, 2021. The record of the applicability determination must be signed by the person making the determination and include an emissions analysis (or other information) that demonstrates the owner or operator's conclusion that the source is unaffected (e.g., because the source is an area source). The analysis (or other information) must be sufficiently detailed to allow the Administrator to make an applicability finding for the source with regard to the relevant standard or other requirement. If applicable, the analysis must be performed in accordance with requirements established in relevant subparts of this part for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under section 112 of the Act, if any. The requirements to determine applicability of a standard under § 63.1(b)(3) and to record the results of that determination under this paragraph (b)(3) of this section shall not by themselves create an obligation for the owner or operator to obtain a title V permit.

(2) § 63.1(b) except paragraph (b)(3), §§ 63.1(c) and 63.1(e).

(2) Section 63.1(b) except paragraph (b)(3), § 63.1(c), and § 63.1(e).

(2) The specific applicability provisions in § 63.1(b) through (e) except for the reference to § 63.10 for recordkeeping procedures.

(c) As listed in § 63.1(c)(5) of the General Provisions, if your HAP emissions increase such that you become a major source, then you are subject to all of the requirements of this subpart.

(1) After the effective date of a relevant standard established under this part pursuant to section 112(d) or 112(h) of the Act, the owner or operator of an existing source shall comply with such standard by the compliance date established by the Administrator in the applicable subpart(s) of this part, except as provided in § 63.1(c)(6)(i). Except as otherwise provided for in section 112 of the Act, in no case will the compliance date established for an existing source in an applicable subpart of this part exceed 3 years after the effective date of such standard.

(5) Except as provided in paragraph (b)(7) of this section, the owner or operator of an area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source and meets the definition of an existing source in the applicable major source standard shall be subject to relevant standards for existing sources. Except as provided in paragraph § 63.1(c)(6)(i)(B), such sources must comply by the date specified in the standards for existing area sources that become major sources. If no such compliance date is specified in the standards, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in the relevant standard for existing sources in existence at the time the standard becomes effective.

(2) The specific applicability provisions in § 63.1(b) through (e) except for the reference to § 63.10 for recordkeeping procedures.

(2) § 63.1(b) except paragraph (b)(3), §§ 63.1(c) and 63.1(e).

(2) Section 63.1(b) except paragraph (b)(3), § 63.1(c), and § 63.1(e).

(2) The specific applicability provisions in § 63.1(b) through (e) except for the reference to § 63.10 for recordkeeping procedures.

(1) If the Administrator promulgates an emission standard under section 112(d) or (h) that is applicable to an affected source after the date a permit application under this paragraph is approved under § 63.52 or § 63.54, the permitting authority is not required to change the emission limitation in the permit to reflect the promulgated standard if the permitting authority determines that the level of control required by the emission limitation in the permit is substantially as effective as that required by the promulgated standard pursuant to § 63.1(e).