C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES › Subpart A—General Provisions

40 C.F.R. § 60.1

Applicability

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(a) Except as provided in subparts B, Ba, and C of this part, the provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility.

(b) Any new or revised standard of performance promulgated pursuant to section 111(b) of the Act shall apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of such new or revised standard (or, if earlier, the date of publication of any proposed standard) applicable to that facility.

(c) In addition to complying with the provisions of this part, the owner or operator of an affected facility may be required to obtain an operating permit issued to stationary sources by an authorized State air pollution control agency or by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to Title V of the Clean Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see part 70 of this chapter.

(d) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant in Elkton, Virginia. (1) This paragraph applies only to the pharmaceutical manufacturing facility, commonly referred to as the Stonewall Plant, located at Route 340 South, in Elkton, Virginia (“site”).

(2) Except for compliance with 40 CFR 60.49b(u), the site shall have the option of either complying directly with the requirements of this part, or reducing the site-wide emissions caps in accordance with the procedures set forth in a permit issued pursuant to 40 CFR 52.2454. If the site chooses the option of reducing the site-wide emissions caps in accordance with the procedures set forth in such permit, the requirements of such permit shall apply in lieu of the otherwise applicable requirements of this part.

(3) Notwithstanding the provisions of paragraph (d)(2) of this section, for any provisions of this part except for Subpart Kb, the owner/operator of the site shall comply with the applicable provisions of this part if the Administrator determines that compliance with the provisions of this part is necessary for achieving the objectives of the regulation and the Administrator notifies the site in accordance with the provisions of the permit issued pursuant to 40 CFR 52.2454.

[40 FR 53346, Nov. 17, 1975, as amended at 55 FR 51382, Dec. 13, 1990; 59 FR 12427, Mar. 16, 1994; 62 FR 52641, Oct. 8, 1997; 88 FR 80542, Nov. 17, 2023]
Notes of Decisions
Cited in 11 cases, 1973–2011 · leading case: National Parks & Conservation Ass'n v. Tennessee Valley Authority
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National Parks & Conservation Ass'n v. Tennessee Valley Authority (2007) ca11 “” 40 C.F.R. § 60.1 (a) and §§ 60.40a-49a (Subpart Da).”
Ppg Industries, Inc. v. Adlene Harrison, Regional Administrator, and Douglas M. Costle, Administrator of Environmental P (1979) ca5 “Regulations of general applicability are grouped in Subpart A, 40 C.F.R. §§ 60.1 -.15 (1977), while the regulations implementing the new source performance standards for fossil fuel-fired steam generators are located in Subpart D, 40 C.”
Essex Chemical Corp. v. Ruckelshaus (1973) cadc “Among the stationary sources for which standards were set are sulfuric acid plants, subject to challenge in No.”
Ppg Industries, Inc. v. Adlene Harrison, Regional Administrator and Anne M. Gorsuch, Administrator of Environmental Prot (1981) ca5 “Regulations of general applicability are grouped in Sub-part A, 40 C.F.R. §§ 60.1 -.15 (1977), while the regulations implementing the new *631 source performance standards for fossil fuel-fired steam generators are located in Subpart D, 40 C.”
United States v. Minnkota Power Cooperative, Inc. (2011) ndd “40 C.F.R. § 60.1 (a). Neither of the two Milton R.”
Star Enterprise Texaco Inc. v. United States Environmental Protection Agency (2000) ca3 “See 40 C.F.R. § 60.1 (a) (1999) (‘'[T]he provisions of this part apply to the owner or operator of any stationary source which contains an affected facility, the construction or modification of which is commenced after the date of publication in this part of any standard (or, if…”
Citizens Ass'n of Georgetown v. Washington (1974) dcd “40 C.F.R. § 60.1 et seq. The EPA soon recognized that facilities which attract automobiles may not themselves fall within the definition of “stationary source” but could nonetheless endanger attainment of the national standards because of associated automobile activity.”
United States v. Westvaco Corp. (2009) mdd “7411(b); 40 C.F.R. 60.1. The NSPS for kraft pulp mills apply to all “affected facilities” that commence construction or modification after September 24, 1976.”
Duquesne Light Co. v. Environmental Protection Agency (1983) cadc “Current new source performance standards are set out at 40 C.F.R. §§ 60.1 to 60.424 and Appendices A to D (1981).”
United States v. Amoco Oil Co. (1999) innd · cites it 2× “” 40 C.F.R. § 60.1 (a). Subpart J of Part 60 prescribes specific standards for petroleum refineries and designates “Claus sulphur recovery plants” as “affected facilities” (with an exception for low-capacity plants that Amoco does not meet).”
United States v. Adamo Wrecking Co. (1975) mied “( 40 C.F.R. § 60.1 et seq.). Furthermore, the high degree of identity between a “standard of performance” (§ 1857c-6) and an “emission standard” (§ 1857c-7), suggests that both must be expressed in terms of levels.”
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