(a) Unless otherwise specified in §§63.306, 63.307, and 63.311, the provisions of this subpart apply to existing by-product coke oven batteries at a coke plant and to existing nonrecovery coke oven batteries at a coke plant on and after the following dates:

(1) December 31, 1995, for existing by-product coke oven batteries subject to emission limitations in §63.302(a)(1) or existing nonrecovery coke oven batteries subject to emission limitations in §63.303(a);

(2) January 1, 2003, for existing by-product coke oven batteries subject to emission limitations in §63.302(a)(2);

(3) July 14, 2005, for existing by-product coke oven batteries subject to emission limitations in §63.302(a)(3) and for nonrecovery coke oven batteries subject to the emission limitations and requirements in §63.303(b)(3) or (c);

(4) Upon startup for a new nonrecovery coke oven battery subject to the emission limitations and requirements in §63.303(b), (c), and (d). A new nonrecovery coke oven battery subject to the requirements in §63.303(d) is one for which construction or reconstruction commenced on or after August 9, 2004;

(5) November 15, 1993, for existing by-product and nonrecovery coke oven batteries subject to emission limitations in §63.304(b)(1) or 63.304(c);

(6) January 1, 1998, for existing by-product coke oven batteries subject to emission limitations in §63.304(b)(2) or 63.304(b)(7); and

(7) January 1, 2010, for existing by-product coke oven batteries subject to emission limitations in §63.304(b)(3) or 63.304(b)(7).

(b) The provisions for new sources in §§63.302(b), 63.302(c), and 63.303(b) apply to each greenfield coke oven battery and to each new or reconstructed coke oven battery at an existing coke plant if the coke oven battery results in an increase in the design capacity of the coke plant as of November 15, 1990, (including any capacity qualifying under §63.304(b)(6), and the capacity of any coke oven battery subject to a construction permit on November 15, 1990, which commenced operation before October 27, 1993.

(c) The provisions of this subpart apply to each brownfield coke oven battery, each padup rebuild, and each cold-idle coke oven battery that is restarted.

(d) The provisions of §§63.304(b)(2)(i)(A) and 63.304(b)(3)(i) apply to each foundry coke producer as follows:

(1) A coke oven battery subject to §63.304(b)(2)(i)(A) or §63.304(b)(3)(i) must be a coke oven battery that on January 1, 1992, was owned or operated by a foundry coke producer; and

(2)

(i) A coke oven battery owned or operated by an integrated steel producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this section, that was sold to a foundry coke producer before November 15, 1993, shall be deemed for the purposes of paragraph (d)(1) of this section to be owned or operated by a foundry coke producer on January 1, 1992.

(ii) The coke oven batteries that may qualify under this provision are the following:

(A) The coke oven batteries at the Bethlehem Steel Corporation's Lackawanna, New York facility; and

(B) The coke oven batteries at the Rouge Steel Company's Dearborn, Michigan facility.

(e) The emission limitations set forth in this subpart shall apply at all times except during a period of startup, shutdown, or malfunction. The startup period shall be determined by the Administrator and shall not exceed 180 days.

(f) After October 28, 1992, rules of general applicability promulgated under section 112 of the Act, including the General Provisions, may apply to coke ovens provided that the topic covered by such a rule is not addressed in this subpart.

[58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20012, Apr. 15, 2005]