[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.300]

[Page 401-402]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
 
      Subpart L_National Emission Standards for Coke Oven Batteries
 
Sec.  63.300  Applicability.

    Source: 58 FR 57911, Oct. 27, 1993, unless otherwise noted.


    (a) Unless otherwise specified in Sec. Sec.  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 Sec.  63.302(a)(1) or

[[Page 402]]

existing nonrecovery coke oven batteries subject to emission limitations 
in Sec.  63.303(a);
    (2) January 1, 2003, for existing by-product coke oven batteries 
subject to emission limitations in Sec.  63.302(a)(2);
    (3) July 14, 2005, for existing by-product coke oven batteries 
subject to emission limitations in Sec.  63.302(a)(3) and for 
nonrecovery coke oven batteries subject to the emission limitations and 
requirements in Sec.  63.303(b)(3) or (c);
    (4) Upon startup for a new nonrecovery coke oven battery subject to 
the emission limitations and requirements in Sec.  63.303(b), (c), and 
(d). A new nonrecovery coke oven battery subject to the requirements in 
Sec.  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 Sec.  63.304(b)(1) or 
63.304(c);
    (6) January 1, 1998, for existing by-product coke oven batteries 
subject to emission limitations in Sec.  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 Sec.  63.304(b)(3) or 63.304(b)(7).
    (b) The provisions for new sources in Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  63.304(b)(2)(i)(A) or Sec.  
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]