40 CFR Part 63, Subpart DDDDD, Table 10 to Subpart DDDDD of Part 63 - Applicability of General Provisions to Subpart DDDDD

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There are 6 Updates appearing in the Federal Register for 40 CFR 63. View below or at eCFR (GPOAccess)
View PDF at GPO Pt. 63, Subpt. DDDDD, Table 10
Table 10 to Subpart DDDDD of Part 63—Applicability of General Provisions to Subpart DDDDD
As stated in § 63.7565 , you must comply with the applicable General Provisions according to the following:
Citation Subject Brief description Applicable
§ 63.1 Applicability Initial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, Notifications Yes.
§ 63.2 Definitions Definitions for part 63 standards Yes.
§ 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes.
§ 63.4 Prohibited Activities Prohibited Activities; Compliance date; Circumvention, Severability Yes.
§ 63.5 Construction/Reconstruction Applicability; applications; approvals Yes.
§ 63.6(a) Applicability GP apply unless compliance extension; and GP apply to area sources that become major Yes.
§ 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for 112(f) Yes.
§ 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes.
§ 63.6(b)(6) [Reserved]
§ 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes.
§ 63.6(c)(1)-(2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date; and for 112(f) standards, comply within 90 days of effective date unless compliance extension Yes.
§ 63.6(c)(3)-(4) [Reserved]
§ 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years) Yes.
§ 63.6(d) [Reserved]
§ 63.6(e)(1)-(2) Operation & Maintenance Operate to minimize emissions at all times; and Correct malfunctions as soon as practicable; and Operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met Yes.
§ 63.6(e)(3) Startup, Shutdown, and Malfunction Plan (SSMP) Requirement for SSM and startup, shutdown, malfunction plan; and content of SSMP Yes.
§ 63.6(f)(1) Compliance Except During SSM Comply with emission standards at all times except during SSM Yes.
§ 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes.
§ 63.6(g)(1)-(3) Alternative Standard Procedures for getting an alternative standard Yes.
§ 63.6(h)(1) Compliance with Opacity/VE Standards Comply with opacity/VE emission limitations at all times except during SSM Yes.
§ 63.6(h)(2)(i) Determining Compliance with Opacity/Visible Emission (VE) Standards If standard does not state test method, use Method 9 for opacity and Method 22 for VE No.
§ 63.6(h)(2)(ii) [Reserved]
§ 63.6(h)(2)(iii) Using Previous Tests to Demonstrate Compliance with Opacity/VE Standards Criteria for when previous opacity/VE testing can be used to show compliance with this subpart Yes.
§ 63.6(h)(3) [Reserved]
§ 63.6(h)(4) Notification of Opacity/VE Observation Date Notify Administrator of anticipated date of observation No.
§ 63.6(h)(5)(i),(iii)-(v) Conducting Opacity/VE Observations Dates and Schedule for conducting opacity/VE observations No.
§ 63.6(h)(5)(ii) Opacity Test Duration and Averaging Times Must have at least 3 hours of observation with thirty, 6-minute averages No.
§ 63.6(h)(6) Records of Conditions During Opacity/VE observations Keep records available and allow Administrator to inspect No.
§ 63.6(h)(7)(i) Report continuous opacity monitoring system Monitoring Data from Performance Test Submit continuous opacity monitoring system data with other performance test data Yes.
§ 63.6(h)(7)(ii) Using continuous opacity monitoring system instead of Method 9 Can submit continuous opacity monitoring system data instead of Method 9 results even if subpart requires Method 9, but must notify Administrator before performance test No.
§ 63.6(h)(7)(iii) Averaging time for continuous opacity monitoring system during performance test To determine compliance, must reduce continuous opacity monitoring system data to 6-minute averages Yes.
§ 63.6(h)(7)(iv) Continuous opacity monitoring system requirements Demonstrate that continuous opacity monitoring system performance evaluations are conducted according to §§ 63.8(e), continuous opacity monitoring systems are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d) Yes.
§ 63.6(h)(7)(v) Determining Compliance with Opacity/VE Standards Continuous opacity monitoring system is probative but not conclusive evidence of compliance with opacity standard, even if Method 9 observation shows otherwise. Requirements for continuous opacity monitoring system to be probative evidence-proper maintenance, meeting PS 1, and data have not been altered Yes.
§ 63.6(h)(8) Determining Compliance with Opacity/VE Standards Administrator will use all continuous opacity monitoring system, Method 9, and Method 22 results, as well as information about operation and maintenance to determine compliance Yes.
§ 63.6(h)(9) Adjusted Opacity Standard Procedures for Administrator to adjust an opacity standard Yes.
§ 63.6(i)(1)-(14) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes.
§ 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with rule Yes.
§ 63.7(a)(1) Performance Test Dates Dates for Conducting Initial Performance Testing and Other Compliance Demonstrations Yes.
§ 63.7(a)(2) Performance Test Dates New source with initial startup date before effective date has 180 days after effective date to demonstrate compliance Yes.
§ 63.7(a)(2)(ii-viii) [Reserved]
§ 63.7(a)(2)(ix) Performance Test Dates 1. New source that commenced construction between proposal and promulgation dates, when promulgated standard is more stringent than proposed standard, has 180 days after effective date or 180 days after startup of source, whichever is later, to demonstrate compliance; and Yes.
2. If source initially demonstrates compliance with less stringent proposed standard, it has 3 years and 180 days after the effective date of the standard or 180 days after startup of source, whichever is later, to demonstrate compliance with promulgated standard No.
§ 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA Section 114 at any time Yes.
§ 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test No.
§ 63.7(b)(2) Notification of Rescheduling If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date Yes.
§ 63.7(c) Quality Assurance/Test Plan Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with: test plan approval procedures; and performance audit requirements; and internal and external QA procedures for testing Yes.
§ 63.7(d) Testing Facilities Requirements for testing facilities Yes.
§ 63.7(e)(1) Conditions for Conducting Performance Tests 1. Performance tests must be conducted under representative conditions; and No.
2. Cannot conduct performance tests during SSM; and Yes.
3. Not a deviation to exceed standard during SSM; and Yes.
4. Upon request of Administrator, make available records necessary to determine conditions of performance tests Yes.
§ 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to rule and EPA test methods unless Administrator approves alternative Yes.
§ 63.7(e)(3) Test Run Duration Must have three separate test runs; and Compliance is based on arithmetic mean of three runs; and conditions when data from an additional test run can be used Yes.
§ 63.7(e)(4) Interaction with other sections of the Act Nothing in § 63.7(e)(1) through (4) can abrogate the Administrator's authority to require testing under Section 114 of the Act Yes.
§ 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes.
§ 63.7(g) Performance Test Data Analysis Must include raw data in performance test report; and must submit performance test data 60 days after end of test with the Notification of Compliance Status; and keep data for 5 years Yes.
§ 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes.
§ 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes.
§ 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of part 60 apply Yes.
§ 63.8(a)(3) [Reserved]
§ 63.8(a)(4) Monitoring with Flares Unless your rule says otherwise, the requirements for flares in § 63.11 apply No.
§ 63.8(b)(1)(i)-(ii) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes.
§ 63.8(b)(1)(iii) Monitoring Flares not subject to this section unless otherwise specified in relevant standard No.
§ 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing monitoring systems; and must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; and if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup Yes.
§ 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Yes.
§ 63.8(c)(1)(i) Routine and Predictable SSM Maintain and operate CMS according to § 63.6(e)(1) Yes.
§ 63.8(c)(1)(ii) SSM not in SSMP Must keep necessary parts available for routine repairs of CMSs Yes.
§ 63.8(c)(1)(iii) Compliance with Operation and Maintenance Must develop an SSMP for CMS Yes.
§ 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission and parameter measurements; and must verify operational status before or at performance test Yes.
§ 63.8(c)(4) Continuous Monitoring System (CMS) Requirements CMSs must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts No.
§ 63.8(c)(4)(i) Continuous Monitoring System (CMS) Requirements Continuous opacity monitoring system must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period Yes.
§ 63.8(c)(4)(ii) Continuous Monitoring System (CMS) Requirements Continuous emissions monitoring system must have a minimum of one cycle of operation for each successive 15-minute period No.
§ 63.8(c)(5) Continuous Opacity Monitoring system (COMS) Requirements Must do daily zero and high level calibrations Yes.
§ 63.8(c)(6) Continuous Monitoring System (CMS) Requirements Must do daily zero and high level calibrations No.
§ 63.8(c)(7)-(8) Continuous Monitoring Systems Requirements Out-of-control periods, including reporting Yes.
§ 63.8(d) Continuous Monitoring Systems Quality Control Requirements for continuous monitoring systems quality control, including calibration, etc.; and must keep quality control plan on record for the life of the affected source. Keep old versions for 5 years after revisions Yes.
§ 63.8(e) Continuous monitoring systems Performance Evaluation Notification, performance evaluation test plan, reports Yes.
§ 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes.
§ 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for continuous emissions monitoring system No.
§ 63.8(g)(1)-(4) Data Reduction Continuous opacity monitoring system 6-minute averages calculated over at least 36 evenly spaced data points; and continuous emissions monitoring system 1-hour averages computed over at least 4 equally spaced data points Yes.
§ 63.8(g)(5) Data Reduction Data that cannot be used in computing averages for continuous emissions monitoring system and continuous opacity monitoring system No.
§ 63.9(a) Notification Requirements Applicability and State Delegation Yes.
§ 63.9(b)(1)-(5) Initial Notifications Submit notification 120 days after effective date; and Notification of intent to construct/reconstruct; and Notification of commencement of construct/reconstruct; Notification of startup; and Contents of each Yes.
§ 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed BACT/LAER Yes.
§ 63.9(d) Notification of Special Compliance Requirements for New Source For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes.
§ 63.9(e) Notification of Performance Test Notify Administrator 60 days prior No.
§ 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 days prior No.
§ 63.9(g) Additional Notifications When Using Continuous Monitoring Systems Notification of performance evaluation; and notification using continuous opacity monitoring system data; and notification that exceeded criterion for relative accuracy Yes.
§ 63.9(h)(1)-(6) Notification of Compliance Status Contents; and due 60 days after end of performance test or other compliance demonstration, and when to submit to Federal vs. State authority Yes.
§ 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes.
§ 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes.
§ 63.10(a) Recordkeeping/Reporting Applies to all, unless compliance extension; and when to submit to Federal vs. State authority; and procedures for owners of more than 1 source Yes.
§ 63.10(b)(1) Recordkeeping/Reporting General Requirements; and keep all records readily available and keep for 5 years Yes.
§ 63.10(b)(2)(i)-(v) Records related to Startup, Shutdown, and Malfunction Occurrence of each of operation (process, equipment); and occurrence of each malfunction of air pollution equipment; and maintenance of air pollution control equipment; and actions during startup, shutdown, and malfunction Yes.
§ 63.10(b)(2)(vi) and (x-xi) Continuous monitoring systems Records Malfunctions, inoperative, out-of-control; and calibration checks; and adjustments, maintenance Yes.
§ 63.10(b)(2)(vii)-(ix) Records Measurements to demonstrate compliance with emission limitations; and performance test, performance evaluation, and visible emission observation results; and measurements to determine conditions of performance tests and performance evaluations. Yes.
§ 63.10(b)(2)(xii) Records Records when under waiver Yes.
§ 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test No.
§ 63.10(b)(2)(xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Yes.
§ 63.10(b)(3) Records Applicability Determinations Yes.
§ 63.10(c)(1),(5)-(8),(10)-(15) Records Additional Records for continuous monitoring systems Yes.
§ 63.10(c)(7)-(8) Records Records of excess emissions and parameter monitoring exceedances for continuous monitoring systems No.
§ 63.10(d)(1) General Reporting Requirements Requirement to report Yes.
§ 63.10(d)(2) Report of Performance Test Results When to submit to Federal or State authority Yes.
§ 63.10(d)(3) Reporting Opacity or VE Observations What to report and when Yes.
§ 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes.
§ 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Contents and submission Yes.
§ 63.10(e)(1)(2) Additional continuous monitoring systems Reports Must report results for each CEM on a unit; and written copy of performance evaluation; and 3 copies of continuous opacity monitoring system performance evaluation Yes.
§ 63.10(e)(3) Reports Excess Emission Reports No.
§ 63.10(e)(3)(i-iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) No.
§ 63.10(e)(3)(iv-v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance (now defined as deviations); and provision to request semiannual reporting after compliance for one year; and submit report by 30th day following end of quarter or calendar half; and if there has not been an exceedance or excess emission (now defined as deviations), report contents is a statement that there have been no deviations No.
§ 63.10(e)(3)(iv-v) Excess Emissions Reports Must submit report containing all of the information in § 63.10(c)(5-13), § 63.8(c)(7-8) No.
§ 63.10(e)(3)(vi-viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for continuous monitoring systems (now called deviations); Requires all of the information in § 63.10(c)(5-13), § 63.8(c)(7-8) No.
§ 63.10(e)(4) Reporting continuous opacity monitoring system data Must submit continuous opacity monitoring system data with performance test data Yes.
§ 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes.
§ 63.11 Flares Requirements for flares No.
§ 63.12 Delegation State authority to enforce standards Yes.
§ 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes.
§ 63.14 Incorporation by Reference Test methods incorporated by reference Yes.
§ 63.15 Availability of Information Public and confidential Information Yes.
[69 FR 55253, Sept. 13, 2004, as amended at 71 FR 20468, Apr. 20, 2006]

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-11-19; vol. 79 # 223 - Wednesday, November 19, 2014
    1. 79 FR 68777 - Reconsideration of Certain Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
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      ENVIRONMENTAL PROTECTION AGENCY
      Final rule; notice of final action on reconsideration.
      The effective date of the rule is November 19, 2014.
      40 CFR Parts 60 and 63

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Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-11-19; vol. 79 # 223 - Wednesday, November 19, 2014
    1. 79 FR 68777 - Reconsideration of Certain Startup/Shutdown Issues: National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule; notice of final action on reconsideration.
      The effective date of the rule is November 19, 2014.
      40 CFR Parts 60 and 63