---
kind: "section"
citation: "40 C.F.R. § 64.5"
title: "40"
number: "64.5"
heading: "Deadlines for submittals."
url: "https://uscodex.org/cfr/40/64.5"
---

# §64.5. Deadlines for submittals.

- (a) **Large pollutant-specific emissions units.** For all pollutant-specific emissions units with the potential to emit (taking into account control devices to the extent appropriate under the definition of this term in [§ 64.1](/cfr/40/64.1.md)) the applicable regulated air pollutant in an amount equal to or greater than 100 percent of the amount, in tons per year, required for a source to be classified as a major source, the owner or operator shall submit the information required under [§ 64.4](/cfr/40/64.4.md) at the following times:
  - (1) On or after April 20, 1998, the owner or operator shall submit information as part of an application for an initial part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) permit if, by that date, the application either:
    - (i) Has not been filed; or
    - (ii) **Has not yet been determined to be complete by the permitting authority.**
  - (2) On or after April 20, 1998, the owner or operator shall submit information as part of an application for a significant permit revision under part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) of this chapter, but only with respect to those pollutant-specific emissions units for which the proposed permit revision is applicable.
  - (3) The owner or operator shall submit any information not submitted under the deadlines set forth in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section as part of the application for the renewal of a part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) permit.
- (b) **Other pollutant-specific emissions units.** For all other pollutant-specific emissions units subject to this part and not subject to [§ 64.5(a)](#a), the owner or operator shall submit the information required under [§ 64.4](/cfr/40/64.4.md) as part of an application for a renewal of a part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) permit.
- (c) The effective date for the requirement to submit information under [§ 64.4](/cfr/40/64.4.md) shall be as specified pursuant to [paragraphs (a)-(b)](#a..b) of this section and a permit reopening to require the submittal of information under this section shall not be required pursuant to [§ 70.7(f)(1)(i)](/cfr/40/70.7.md?p=f-1-i) of this chapter, provided, however, that, if a part [70](/cfr/40/part70.md) or [71](/cfr/40/part71.md) permit is reopened for cause by EPA or the permitting authority pursuant to § [70.7(f)(1)(iii)](/cfr/40/70.7.md?p=f-1-iii) or [(iv)](/cfr/40/70.7.md?p=f-1-iv), or § [71.7(f)](/cfr/40/71.7.md?p=f) or [(g)](/cfr/40/71.7.md?p=g), the applicable agency may require the submittal of information under this section for those pollutant-specific emissions units that are subject to this part and that are affected by the permit reopening.
- (d) Prior to approval of monitoring that satisfies this part, the owner or operator is subject to the requirements of [§ 70.6(a)(3)(i)(B)](/cfr/40/70.6.md?p=a-3-i-B).

## Notes

### Authority

Authority: 42 U.S.C. 7414 and 7661-7661f.

### Source

Source: 62 FR 54940, Oct. 22, 1997, unless otherwise noted.