40 CFR § 71.23 - Applicability.

---
identifier: "/us/cfr/t40/s71.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 71.23 - Applicability."
title_number: 40
title_name: "Protection of Environment"
section_number: "71.23"
section_name: "Applicability."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "71"
part_name: "FEDERAL OPERATING PERMIT PROGRAMS"
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: "59 FR 59924, Nov. 21, 1994, unless otherwise noted."
cfr_part: "71"
---


# 71.23 Applicability.

(a) *Sources covered.* The provisions of this subpart apply to an owner or operator of an existing source who is seeking a compliance extension under section 112(i)(5) of the Act and who, pursuant to part 63, subpart D, of this chapter, is required to file a permit application for the extension prior to the date a comprehensive title V permit program is approved for the State in which the existing source is located.

(b) *Covered emissions.* All hazardous air pollutant emissions from the early reductions source shall be included in permit applications and part 71 permits issued under this subpart.