---
kind: "section"
citation: "40 C.F.R. § 63.8535"
title: "40"
number: "63.8535"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.8535"
---

# §63.8535. Am I subject to this subpart?


You are subject to this subpart if you own or operate a clay ceramics manufacturing facility that is, is located at, or is part of a major source of HAP emissions according to the criteria in paragraphs [(a)](#a) and [(b)](#b) of this section.

- (a) A clay ceramics manufacturing facility is a plant site that manufactures pressed floor tile, pressed wall tile, other pressed tile, or sanitaryware (e.g., sinks and toilets). Clay ceramics manufacturing facilities typically process clay, shale, and various additives; form the processed materials into tile or sanitaryware shapes; and dry and fire the ceramic products. Glazes are applied to many tile and sanitaryware products. A plant site that manufactures refractory products, as defined in [§ 63.9824](/cfr/40/63.9824.md), or brick and structural clay products (BSCP), as defined in [§ 63.8515](/cfr/40/63.8515.md), is not a clay ceramics manufacturing facility.
- (b) A major source of HAP emissions is any stationary source or group of stationary sources within a contiguous area under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year.

## Notes

### Source

Source: 80 FR 65543, Oct. 26, 2015, unless otherwise noted.

### Authority

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

### Source

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