40 CFR § 63.1940 - What is the affected source of this subpart?
---
identifier: "/us/cfr/t40/s63.1940"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 63.1940 - What is the affected source of this subpart?"
title_number: 40
title_name: "Protection of Environment"
section_number: "63.1940"
section_name: "What is the affected source of this subpart?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "63"
part_name: "NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "57 FR 61992, Dec. 29, 1992, unless otherwise noted."
cfr_part: "63"
---
# 63.1940 What is the affected source of this subpart?
(a) An affected source of this subpart is an MSW landfill, as defined in § 63.1990, that meets the criteria in § 63.1935(a) or (b). The affected source includes the entire disposal facility in a contiguous geographic space where household waste is placed in or on land, including any portion of the MSW landfill operated as a bioreactor.
(b) A new affected source of this subpart is an affected source that commenced construction or reconstruction after November 7, 2000. An affected source is reconstructed if it meets the definition of reconstruction in § 63.2 of subpart A.
(c) An affected source of this subpart is existing if it is not new.