---
kind: "section"
citation: "40 C.F.R. § 63.11435"
title: "40"
number: "63.11435"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.11435"
---

# §63.11435. Am I subject to this subpart?

- (a) You are subject to this subpart if you own or operate a clay ceramics manufacturing facility (as defined in [§ 63.11444](/cfr/40/63.11444.md)), with an atomized glaze spray booth or kiln that fires glazed ceramic ware, that processes more than 45 megagrams per year (Mg/yr) (50 tons per year (tpy)) of wet clay and is an area source of hazardous air pollutant (HAP) emissions.
- (b) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md), provided you are not required to obtain a permit under 40 CFR [70.3(a)](/cfr/40/70.3.md?p=a) or [71.3(a)](/cfr/40/71.3.md?p=a) for a reason other than your status as an area source under this subpart. You must continue to comply with the provisions of this subpart applicable to area sources.

## Notes

### Source

Source: 72 FR 73197, Dec. 26, 2007, unless otherwise noted.

### Authority

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

### Source

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