40 CFR 63.1000 - Applicability.

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§ 63.1000 Applicability.
(a) The provisions of this subpart apply to the control of air emissions from equipment leaks for which another subpart references the use of this subpart for such air emission control. These air emission standards for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing subpart. The provisions of 40 CFR part 63 subpart A (General Provisions) do not apply to this subpart except as noted in the referencing subpart.
(b) Implementation and enforcement. This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency.
(1) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1)(i) through (v) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.
(i) Approval of alternatives to the nonopacity emissions standards in §§ 63.1003 through 63.1015, under § 63.6(g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.
(ii) [Reserved]
(iii) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.
(iv) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.
(v) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.
(c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate equipment that is excluded from the requirements of this subpart.
(1) Equipment in vacuum service. Equipment that is in vacuum service is excluded from the requirements of this subpart.
(2) Equipment in service less than 300 hours per calendar year. Equipment that is in regulated material service less than 300 hours per calendar year is excluded from the requirements of §§ 63.1006 through 63.1015 if it is identified as required in § 63.1003(b)(5).
(3) Lines and equipment not containing process fluids. Except as provided in a referencing subpart, lines and equipment not containing process fluids are not subject to the provisions of this subpart. Utilities, and other nonprocess lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process unit or affected facility.
[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46278, July 12, 2002]

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-11-25; vol. 79 # 227 - Tuesday, November 25, 2014
    1. 79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Direct final rule; delegation of authority.
      This rule is effective on January 26, 2015 without further notice, unless EPA receives relevant adverse comment by December 26, 2014. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect.
      40 CFR Part 63

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United States Code

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-12-12; vol. 79 # 239 - Friday, December 12, 2014
    1. 79 FR 73872 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and Standards of Performance for Phosphate Processing; Extension of Comment Period
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      ENVIRONMENTAL PROTECTION AGENCY
      Notice of proposed rulemaking; extension of public comment period.
      Comments. The public comment period for the proposed rule published in the Federal Register on November 7, 2014, (79 FR 66512) is being extended for 30 days to January 21, 2015.
      40 CFR Parts 60 and 63