(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]