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Electronic Code of Federal Regulations

e-CFR data is current as of December 3, 2019

Title 40Chapter ISubchapter CPart 63Subpart DDDDDD → §63.11140


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart DDDDDD—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources


§63.11140   Am I subject to this subpart?

(a) On or before April 17, 2012, you are subject to this subpart if you own or operate a plant specified in §61.61(c) of this chapter that produces polyvinyl chloride (PVC) or copolymers and is an area source of hazardous air pollutant (HAP) emissions. After April 17, 2012, you are subject to the requirements in this subpart if you own or operate one or more polyvinyl chloride and copolymers process units (PVCPU), as defined in §63.12005, that are located at, or are part of, an area source of HAP.

(b) On or before April 17, 2012, this subpart applies to each new or existing affected source. The affected source is the collection of all equipment and activities in vinyl chloride service necessary to produce PVC and copolymers. An affected source does not include portions of your PVC and copolymers production operations that meet the criteria in §61.60(b) or (c) of this chapter. After April 17, 2012, this subpart applies to each polyvinyl chloride and copolymers production affected source. The polyvinyl chloride and copolymers production affected source is the facility-wide collection of PVCPU, storage vessels, heat exchange systems, surge control vessels, and wastewater and process wastewater treatment systems that are associated with producing polyvinyl chloride and copolymers.

(1) An affected source is existing if you commenced construction or reconstruction of the affected source before October 6, 2006.

(i) You must meet the applicable requirements of §§63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for existing affected sources.

(ii) You must achieve compliance by the date specified in §63.11141(a).

(iii) You must meet the applicable requirements of §§63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for existing affected sources by the compliance date specified in §63.11141(c), after which time you are no longer subject to the requirements listed in paragraphs (b)(1)(i) and (ii) of this section.

(2) An affected source is new if you commenced construction or reconstruction of the affected source between October 6, 2006, and May 20, 2011.

(i) You must meet the applicable requirements of §§63.11142(a), 63.11143(a) and (b), 63.11144(a) and 63.11145 for new affected sources.

(ii) You must achieve compliance by the date specified in §63.11141(b).

(3) If you are a new affected source as specified in paragraph (b)(2) of this section that commenced construction or reconstruction between October 6, 2006, and May 20, 2011, then after April 17, 2012, you are considered an existing affected source.

(i) You must meet the applicable requirements of §§63.11142(b) through (f), 63.11143(c), 63.11144(b) and 63.11145 for existing affected sources.

(ii) You must achieve compliance by the date specified in §63.11141(d), after which time you are no longer subject to paragraphs (b)(2)(i) and (ii) of this section.

(4) An affected source is new if you commenced construction or reconstruction of the affected source after May 20, 2011.

(i) You must meet the applicable requirements of §§63.11142(b) through (f), 63.11143(c), 63.11144(b), and 63.11145 for new affected sources.

(ii) You must achieve compliance by the date specified in §63.11141(e).

(iii) If components of an existing affected source are replaced such that the replacement meets the definition of reconstruction in §63.2 and the reconstruction commenced after May 20, 2011, then the existing affected source becomes a reconstructed source and is subject to the relevant standards for a new affected source. The reconstructed source must comply with the requirements of paragraph (b)(4)(i) of this section for a new affected source upon initial startup of the reconstructed source or by April 17, 2012, whichever is later.

(c) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act. After April 17, 2012, the requirements of this subpart also do not apply to chemical manufacturing process units, as defined in §63.101, that produce vinyl chloride monomer or other raw materials used in the production of polyvinyl chloride and copolymers.

(d) You are exempt from the obligation to obtain a permit under 40 CFR part 70 or 40 CFR part 71, provided you are not otherwise required by law to obtain a permit under §70.3(a) or §71.3(a). Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart.

(e) After the applicable compliance date specified in §63.11141(c), (d) or (e), an affected source that is also subject to the provisions of 40 CFR part 61, subpart F, is required to comply with the provisions of this subpart and no longer has to comply with 40 CFR part 61, subpart F.

(f) After the applicable compliance date specified in §63.11141(c), (d) or (e), an affected source that is also subject to the provisions of other 40 CFR part 60 or 40 CFR part 63 subparts is required to comply with this subpart and any other applicable 40 CFR part 60 and 40 CFR part 63 subparts.

[77 FR 22904, Apr. 17, 2012]

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