A facility's permit classifies the discharge under CFR Title 40, Part 413. After changes, the original facility and a warehouse have different CFR parts. Under which parts are they regulated?

A facility's permit classifies the discharge under CFR Title 40, Part 413. After changes, the original facility and a warehouse have different CFR parts. Under which parts are they regulated?

• A. both under Part 413
• B. original under Part 413, warehouse under Part 433
• C. original under Part 437, warehouse under Part 413
• D. original under Part 437, warehouse under Part 433

Answer: (D)

The regulating parts follow the status of the discharges over time: an existing discharge stays under the CFR part it was originally regulated by, while a new or added discharge becomes subject to the CFR part that applies to new sources. Here, the original facility’s discharge existed before the change, so it remains under Part 437. The warehouse, being a newly added component that creates a separate discharge, falls under Part 433. So the original facility is regulated under Part 437 and the warehouse under Part 433.

The regulating parts follow the status of the discharges over time: an existing discharge stays under the CFR part it was originally regulated by, while a new or added discharge becomes subject to the CFR part that applies to new sources. Here, the original facility’s discharge existed before the change, so it remains under Part 437. The warehouse, being a newly added component that creates a separate discharge, falls under Part 433. So the original facility is regulated under Part 437 and the warehouse under Part 433.