---
kind: "section"
citation: "40 C.F.R. § 63.1580"
title: "40"
number: "63.1580"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.1580"
---

# §63.1580. Am I subject to this subpart?

- (a) **You are subject to this subpart if the following are all true—**
  - (1) You own or operate a publicly owned treatment works (POTW) that includes an affected source ([§ 63.1595](/cfr/40/63.1595.md));
  - (2) The affected source is located at a Group 2 POTW which is a major source of HAP emissions, or at any Group 1 POTW regardless of whether or not it is a major source of HAP; and
  - (3) Your POTW is required to develop and implement a pretreatment program as defined by [40 CFR 403.8](/cfr/40/403.8.md), or your POTW meets the general criteria for development and implementation of a pretreatment program.
- (b) If your existing POTW treatment plant is not located at a major source as of October 26, 1999, but thereafter becomes a major source for any reason other than reconstruction, then, for the purpose of this subpart, your POTW treatment plant would be considered an existing source.
- (c) If you commence construction or reconstruction of your POTW treatment plant after December 1, 1998, then the requirements for a new POTW apply.

## Notes

### Source

Source: 82 FR 49525, Oct. 26, 2017, unless otherwise noted.

### Authority

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

### Source

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