40 CFR Part 63, Subpart LLLLL, Table 7 to Subpart LLLLL of Part 63 - Applicability of General Provisions to Subpart LLLLL

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View PDF at GPO Pt. 63, Subpt. LLLLL, Table 7
Table 7 to Subpart LLLLL of Part 63—Applicability of General Provisions to Subpart LLLLL
Citation Subject Brief description Applies to subpart LLLLL
§ 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 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 section 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 1. Comply according to date in subpart, which must be no later than 3 years after effective date2. For section 112(f) standards, comply within 90 days of effective date unless compliance extension has been granted 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) Operation & Maintenance 1. Operate to minimize emissions at all times2. Correct malfunctions as soon as practicable 3. Operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met Yes.
§ 63.6(e)(2) [Reserved]
§ 63.6(e)(3) Startup, Shutdown, and Malfunction (SSM) Plan (SSMP) 1. Requirement for SSM and startup, shutdown, malfunction plan2. Content of SSMP Yes.
§ 63.6(f)(1) Compliance Except During SSM You must 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 Nonopacity Standard Procedures for getting an alternative nonopacity standard Yes.
§ 63.6(h) Opacity/Visible Emission (VE) Standards Requirements for opacity and VE limits Yes.
§ 63.6(h)(1) Compliance with Opacity/VE Standards You must comply with opacity/VE emission limitations at all times except during SSM Yes.
§ 63.6(h)(2)(i) Determining Compliance with Opacity/VE Standards If standard does not state test method, use EPA test method 9, 40 CFR 60, appendix A for opacity and EPA test method 22, 40 CFR 60, appendix A for VE No. The test methods for opacity and visible emissions are specified in § 63.8687.
§ 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 rule Yes.
§ 63.6(h)(3) [Reserved]
§ 63.6(h)(4) Notification of Opacity/VE Observation Date Must notify Administrator of anticipated date of observation Yes.
§ 63.6(h)(5)(i), (iii)-(v) Conducting Opacity/VE Observations Dates and Schedule for conducting opacity/VE observations Yes.
§ 63.6(h)(5)(ii) Opacity Test Duration and Averaging Times Must have at least 3 hours of observation with thirty 6-minute averages Yes.
§ 63.6(h)(6) Records of Conditions During Opacity/VE Observations Must keep records available and allow Administrator to inspect Yes.
§ 63.6(h)(7)(i) Report COMS Monitoring Data from Performance Test Must submit COMS data with other performance test data Yes, if COMS used.
§ 63.6(h)(7)(ii) Using COMS instead of EPA test method 9, 40 CFR 60, appendix A Can submit COMS data instead of EPA test method 9, 40 CFR 60, appendix A results even if rule requires EPA test method 9, 40 CFR 60, appendix A, but must notify Administrator before performance test Yes, if COMS used.
§ 63.6(h)(7)(iii) Averaging time for COMS during performance test To determine compliance, must reduce COMS data to 6-minute averages Yes, if COMS used.
§ 63.6(h)(7)(iv) COMS requirements Owner/operator must demonstrate that COMS performance evaluations are conducted according to § 63.8(e), COMS are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d) Yes, if COMS used.
§ 63.6(h)(7)(v) Determining Compliance with Opacity/VE Standards COMS is probative but not conclusive evidence of compliance with opacity standard, even if EPA test method 9, 40 CFR 60, appendix A observation shows otherwise. Requirements for COMS to be probative evidence, proper maintenance, meeting PS 1, and data have not been altered Yes, if COMS used.
§ 63.6(h)(8) Determining Compliance with Opacity/VE Standards Administrator will use all COMS, EPA test method 9, 40 CFR 60, appendix A, and EPA test method 22, 40 CFR 60, appendix A 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) 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)-(2) Performance Test Dates Dates for conducting initial performance testing and other compliance demonstrations. Must conduct 180 days after first subject to rule Yes.
§ 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 Yes.
§ 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 1. Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with:2. Test plan approval procedures 3. Performance audit requirements 4. 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. Cannot conduct performance tests during SSM2. Not a violation to exceed standard during SSM 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 1. Must have three test runs of at least 1 hour each2. Compliance is based on arithmetic mean of three runs 3. Conditions when data from an additional test run can be used 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 1. Must include raw data in performance test report2. Must submit performance test data 60 days after end of test with the Notification of Compliance Status 3. 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, if CEMS used.
§ 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 Yes.
§ 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes.
§ 63.8(b) (2)-(3) Multiple Effluents and Multiple Monitoring Systems 1. Specific requirements for installing monitoring systems2. Must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise 3. 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 CMS malfunction 1. Keep parts for routine repairs readily available2. Reporting requirements for CMS malfunction when action is described in SSM plan Yes.
§ 63.8(c)(1)(ii) CMS malfunction not in SSP plan Reporting requirements for CMS malfunction when action is not described in SSM plan Yes.
§ 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements 1. How Administrator determines if source complying with operation and maintenance requirements2. Review of source O&M procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system Yes.
§ 63.8(c)(2)-(3) Monitoring System Installation 1. Must install to get representative emission and parameter measurements2. Must verify operational status before or at performance test Yes.
§ 63.8(c)(4) CMS Requirements CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts No; § 63.8690 specifies the CMS requirements.
§ 63.8(c)(4)(i)-(ii) CMS Requirements 1. COMS 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 period2. CEMS must have a minimum of one cycle of operation for each successive 15-minute period Yes, if COMS used.
§ 63.8(c)(5) COMS Minimum Procedures COMS minimum procedures Yes.
§ 63.8(c)(6) CMS Requirements Zero and High level calibration check requirements No; § 63.8688 specifies the CMS requirements.
§ 63.8(c)(7)-(8) CMS Requirements Out-of-control periods, including reporting Yes.
§ 63.8(d) CMS Quality Control 1. Requirements for CMS quality control, including calibration, etc2. Must keep quality control plan on record for the life of the affected source 3. Keep old versions for 5 years after revisions No; § 63.8688 specifies the CMS requirements.
§ 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports No; § 63.8688 specifies the CMS requirements.
§ 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 CEMS Yes, if CEMS used.
§ 63.8(g)(1)-(4) Data Reduction 1. COMS 6-minute averages calculated over at least 36 evenly spaced data points2. CEMS 1-hour averages computed over at least 4 equally spaced data points Yes, if CEMS or COMS used.
§ 63.8(g)(5) Data Reduction Data that cannot be used in computing averages for CMS No; § 63.8690 specifies the CMS requirements.
§ 63.9(a) Notification Requirements Applicability and State Delegation Yes.
§ 63.9(b)(1)-(5) Initial Notifications 1. Submit notification 120 days after effective date2. Notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup 3. Contents of each Yes.
§ 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed Best Achievable Control Technology (BACT)/Lowest Achievable Emission Rate (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 Yes.
§ 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 days prior Yes.
§ 63.9(g) Additional Notifications When Using CMS 1. Notification of performance evaluation2. Notification using COMS data 3. Notification that the criterion for use of alternative to relative accuracy testing was exceeded No; § 63.8692 specifies the CMS notification requirements.
§ 63.9(h)(1)-(6) Notification of Compliance Status 1. Contents.2. Due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after 3. When to submit to Federal vs. State authority Yes.
§ 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in dates 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 1. Applies to all, unless compliance extension2. When to submit to Federal vs. State authority 3. Procedures for owners of more than 1 source Yes.
§ 63.10(b)(1) Recordkeeping/Reporting 1. General Requirements2. Keep all records readily available. 3. Keep for 5 years Yes.
§ 63.10(b)(2)(i)-(v) Records related to Startup, Shutdown, and Malfunction 1. Occurrence of each of operation (process equipment)2. Occurrence of each malfunction of air pollution equipment 3. Maintenance on air pollution control equipment 4. Actions during startup, shutdown, and malfunction Yes.
§ 63.10(b)(2)(vi) and (x-xi) CMS Records 1. Malfunctions, inoperative, out-of-control2. Calibration checks 3. Adjustments, maintenance Yes.
§ 63.10(b)(2)(vii)-(ix) Records 1. Measurements to demonstrate compliance with emission limitations2. Performance test, performance evaluation, and visible emission observation results 3. 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 Yes.
§ 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)-(6), (9)-(15) Records Additional records for CMS No; § 63.8694 specifies the CMS recordkeeping requirements.
§ 63.10(c)(7)-(8) Records Records of excess emissions and parameter monitoring exceeedances for CMS No; § 63.8694 specifies the CMS recordkeeping requirements.
§ 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 CMS Reports 1. Must report results for each CEM on a unit2. Written copy of performance evaluation 3. Three copies of COMS performance evaluation Yes.
§ 63.10(e)(3) Reports Excess emission reports No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(i)-(iii) Reports Schedule for reporting excess emissions and parameter monitor exceedances (now defined as deviations) No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(iv)-(v) Excess Emissions Reports 1. Requirement to revert to the frequency specified in the relevant standard if there is an excess emissions and parameter monitor exceedances (now defined as deviations)2. Provision to request semiannual reporting after compliance for one year 3. Submit report by 30th day following end of quarter or calendar half 4. If there has not been an exceedance or excess emission (now defined as deviations), report content is a statement that there have been no deviations No; § 63.8693 specifies the reporting requirements.
§ 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; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(vi)-(viii) Excess Emissions Report and Summary Report 1. Requirements for reporting excess emissions for CMS (now called deviations)2. Requires all of the information in § 63.10(c)(5)(13), § 63.8(c)(7)-(8) No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(4) Reporting COMS data Must submit COMS data with performance test data Yes, if COMS used.
§ 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes.
§ 63.11 Flares Requirements for flares Yes.
§ 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.
[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006]

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