---
kind: "section"
citation: "40 C.F.R. § 63.11146"
title: "40"
number: "63.11146"
heading: "What are the applicability provisions and compliance dates?"
url: "https://uscodex.org/cfr/40/63.11146"
---

# §63.11146. What are the applicability provisions and compliance dates?

- (a) You are subject to this subpart if you own or operate a primary copper smelter that is an area source of hazardous air pollutant (HAP) emissions.
- (b) This subpart applies to each new or existing affected source. The affected source is each primary copper smelter.
  - (1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006.
  - (2) An affected source is new if you commenced construction or reconstruction of the affected source on or after October 6, 2006.
- (c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
- (d) If you own or operate an area source subject to this subpart, you must obtain a permit under 40 CFR part [70](/cfr/40/part70.md) or [40](/cfr/40/part40.md) CFR [part 71](/cfr/40/part71.md).
- (e) If you own or operate an existing affected source, you must achieve compliance with the applicable provisions of this subpart by January 23, 2007.
- (f) If you own or operate a new affected source, you must achieve compliance with the applicable provisions of this subpart by the dates in paragraphs [(f)(1)](#f-1) and [(2)](#f-2) of this section.
  - (1) If you startup a new affected source on or before January 23, 2007, you must achieve compliance with the applicable provisions of this subpart not later than January 23, 2007.
  - (2) If you startup a new affected source after January 23, 2007, you must achieve compliance with the applicable provisions of this subpart upon startup of your affected source.

## Notes

### Source

Source: 72 FR 2944, Jan. 23, 2007, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.