40 CFR Part 63, Subpart N, Table 1 to Subpart N of Part 63 - General Provisions Applicability to Subpart N

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View PDF at GPO Pt. 63, Subpt. N, Table 1
Table 1 to Subpart N of Part 63—General Provisions Applicability to Subpart N
General provisionsreference Applies to subpart N Comment
63.1(a)(1) Yes Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence.
63.1(a)(2) Yes
63.1(a)(3) Yes
63.1(a)(4) Yes Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N.
63.1(a)(6) Yes
63.1(a)(7) Yes
63.1(a)(8) Yes
63.1(a)(10) Yes
63.1(a)(11) Yes § 63.347(a) of subpart N also allows report submissions via fax and on electronic media.
63.1(a)(12)-(14) Yes
63.1(b)(1) No § 63.340 of subpart N specifies applicability.
63.1(b)(2) Yes
63.1(b)(3) No This provision in subpart A is being deleted. Also, all affected area and major sources are subject to subpart N; there are no exemptions.
63.1(c)(1) Yes Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N.
63.1(c)(2) Yes § 63.340(e) of Subpart N exempts area sources from the obligation to obtain Title V operating permits.
63.1(c)(4) Yes
63.1(c)(5) No Subpart N clarifies that an area source that becomes a major source is subject to the requirements for major sources.
63.1(e) Yes
63.2 Yes Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence.
63.3 Yes Other units used in subpart N are defined in that subpart.
63.4 Yes
63.5(a) Yes Except replace the term “source” and “stationary source” in § 63.5(a) (1) and (2) of subpart A with “affected sources.”
63.5(b)(1) Yes
63.5(b)(3) Yes Applies only to major affected sources.
63.5(b)(4) No Subpart N (§ 63.345) specifies requirements for the notification of construction or reconstruction for affected sources that are not major.
63.5(b)(5) Yes
63.5(b)(6) Yes
63.5(d)(1)(i) No § 63.345(c)(5) of subpart N specifies when the application or notification shall be submitted.
63.5(d)(1)(ii) Yes Applies to major affected sources that are new or reconstructed.
63.5(d)(1)(iii) Yes Except information should be submitted with the Notification of Compliance Status required by § 63.347(e) of subpart N.
63.5(d)(2) Yes Applies to major affected sources that are new or reconstructed except: (1) replace “source” in § 63.5(d)(2) of subpart A with “affected source”; and (2) actual control efficiencies are submitted with the Notification of Compliance Status required by § 63.347(e).
63.5(d)(3)-(4) Yes Applies to major affected sources that are new or reconstructed.
63.5(e) Yes Applies to major affected sources that are new or reconstructed.
63.5(f)(1) Yes Except replace “source” in § 63.5(f)(1) of subpart A with “affected source.”
63.5(f)(2) No New or reconstructed affected sources shall submit the request for approval of construction or reconstruction under § 63.5(f) of subpart A by the deadline specified in § 63.345(c)(5) of subpart N.
63.6(a) Yes
63.6(b)(1)-(2) Yes Except replace “source” in § 63.6(b)(1)-(2) of part A with “affected source.”
63.6(b)(3)-(4) Yes
63.6(b)(5) Yes Except replace “source” in § 63.6(b)(5) of subpart A with “affected source.”
63.6(b)(7) No Provisions for new area sources that become major sources are contained in § 63.343(a)(4) of subpart N.
63.6(c)(1)-(2) Yes Except replace “source” in § 63.6(c)(1)-(2) of subpart A with “affected source.”
63.6(c)(5) No Compliance provisions for existing area sources that become major sources are contained in § 63.343(a)(3) of subpart N.
63.6(e) No § 63.342(f) of subpart N contains work practice standards (operation and maintenance requirements) that override these provisions.
63.6(f)(1) No § 63.342(b) of subpart N specifies when the standards apply.
63.6(f)(2)(i)-(ii) Yes
63.6(f)(2)(iii) No § 63.344(b) of subpart N specifies instances in which previous performance test results for existing sources are acceptable.
63.6(f)(2)(iv) Yes
63.6(f)(2)(v) Yes
63.6(f)(3) Yes
63.6(g) Yes
63.6(h) No Subpart N does not contain any opacity or visible emission standards.
63.6(i)(1) Yes
63.6(i)(2) Yes Except replace “source” in § 63.6(i)(2)(i) and (ii) of subpart A with “affected source.”
63.6(i)(3) Yes
63.6(i)(4)(i) No § 63.343(a)(6) of subpart N specifies the procedures for obtaining an extension of compliance and the date by which such requests must be submitted.
63.6(i)(4)(ii) Yes
63.6(i)(5) Yes
63.6(i)(6)(i) Yes This paragraph only references “paragraph (i)(4) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.6(i)(6)(ii) Yes
63.6(i)(7) Yes
63.6(i)(8) Yes This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.6(i)(9) Yes This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” and “paragraphs (i)(4) and (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.6(i)(10)(i)-(iv) Yes
63.6(i)(10)(v)(A) Yes This paragraph only references “paragraph (i)(4)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.6(i)(10)(v)(B) Yes
63.6(i)(11) Yes
63.6(i)(12)(i) Yes This paragraph only references “paragraph (i)(4)(i) or (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.6(i)(12)(ii)-(iii) Yes
63.6(i)(13) Yes
63.6(i)(14) Yes
63.6(i)(16) Yes
63.6(j) Yes
63.7(a)(1) Yes
63.7(a)(2)(i)-(vi) Yes
63.7(a)(2)(ix) Yes
63.7(a)(3) Yes
63.7(b)(1) No § 63.347(d) of subpart N requires notification prior to the performance test. § 63.344(a) of subpart N requires submission of a site-specific test plan upon request.
63.7(b)(2) Yes
63.7(c) No § 63.344(a) of subpart N specifies what the test plan should contain, but does not require test plan approval or performance audit samples.
63.7(d) Yes Except replace “source” in the first sentence of § 63.7(d) of subpart A with “affected source.”
63.7(e) Yes Subpart N also contains test methods specific to affected sources covered by that subpart.
63.7(f) Yes § 63.344(c)(2) of subpart N identifies CARB Method 425 as acceptable under certain conditions.
63.7(g)(1) No Subpart N identifies the items to be reported in the compliance test [§ 63.344(a)] and the timeframe for submitting the results [§ 63.347(f)].
63.7(g)(3) Yes
63.7(h)(1)-(2) Yes
63.7(h)(3)(i) Yes This paragraph only references “§ 63.6(i)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension.
63.7(h)(3)(ii)-(iii) Yes
63.7(h)(4)-(5) Yes
63.8(a)(1) Yes
63.8(a)(2) No Work practice standards are contained in § 63.342(f) of subpart N.
63.8(a)(4) No
63.8(b)(1) Yes
63.8(b)(2) No § 63.344(d) of subpart N specifies the monitoring location when there are multiple sources.
63.8(b)(3) No § 63.347(g)(4) of subpart N identifies reporting requirements when multiple monitors are used.
63.8(c)(1)(i) No Subpart N requires proper maintenance of monitoring devices expected to be used by sources subject to subpart N.
63.8(c)(1)(ii) No § 63.342(f)(3)(iv) of subpart N specifies reporting when the O&M plan is not followed.
63.8(c)(1)(iii) No § 63.343(f)(2) identifies the criteria for whether O&M procedures are acceptable.
63.8(c)(2)-(3) No § 63.344(d)(2) requires appropriate use of monitoring devices.
63.8(c)(4)-(7) No
63.8(d) No Maintenance of monitoring devices is required by §§ 63.342(f) and 63.344(d)(2) of subpart N.
63.8(e) No There are no performance evaluation procedures for the monitoring devices expected to be used to comply with subpart N.
63.8(f)(1) Yes
63.8(f)(2) No Instances in which the Administrator may approve alternatives to the monitoring methods and procedures of subpart N are contained in § 63.343(c)(8) of subpart N.
63.8(f)(3) Yes
63.8(f)(4) Yes
63.8(f)(5) Yes
63.8(f)(6) No Subpart N does not require the use of CEM's.
63.8(g) No Monitoring data does not need to be reduced for reporting purposes because subpart N requires measurement once/day.
63.9(a) Yes
63.9(b)(1)(i)-(ii) No § 63.343(a)(3) of subpart N requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources.
63.9(b)(1)(iii) No § 63.347(c)(2) of subpart N specifies initial notification requirements for new or reconstructed affected sources.
63.9(b)(2) No § 63.347(c)(1) of subpart N specifies the information to be contained in the initial notification.
63.9(b)(3) No § 63.347(c)(2) of subpart N specifies notification requirements for new or reconstructed sources that are not major affected sources.
63.9(b)(4) No
63.9(b)(5) No
63.9(c) Yes This paragraph only references “§ 63.6(i)(4) through § 63.6(i)(6)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. Subpart N provides a different timeframe for submitting the request than § 63.6(i)(4).
63.9(d) Yes This paragraph only references “the notification dates established in paragraph (g) of this section.” But, § 63.347 of subpart N also contains notification dates.
63.9(e) No Notification of performance test is required by § 63.347(d) of subpart N.
63.9(f) No
63.9(g) No Subpart N does not require a performance evaluation or relative accuracy test for monitoring devices.
63.9(h)(1)-(3) No § 63.347(e) of subpart N specifies information to be contained in the notification of compliance status and the timeframe for submitting this information.
63.9(h)(5) No Similar language has been incorporated into § 63.347(e)(2)(iii) of subpart N.
63.9(h)(6) Yes
63.9(i) Yes
63.9(j) Yes
63.10(a) Yes
63.10(b)(1) Yes
63.10(b)(2) No § 63.346(b) of subpart N specifies the records that must be maintained.
63.10(b)(3) No Subpart N applies to major and area sources.
63.10(c) No Applicable requirements of § 63.10(c) have been incorporated into § 63.346(b) of subpart N.
63.10(d)(1) Yes
63.10(d)(2) No § 63.347(f) of subpart N specifies the timeframe for reporting performance test results.
63.10(d)(3) No Subpart N does not contain opacity or visible emissions standards.
63.10(d)(4) Yes
63.10(d)(5) No § 63.342(f)(3)(iv) and § 63.347(g)(3) of subpart N specify reporting associated with malfunctions.
63.10(e) No § 63.347(g) and (h) of subpart N specify the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of § 63.10(e) have been incorporated into § 63.347(g) and (h).
63.10(f) Yes
63.11 No Flares will not be used to comply with the emission limits.
63.12-63.15 Yes
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 70 FR 75345, Dec. 19, 2005]

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    1. 79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
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Title 40 published on 2014-07-01

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  • 2014-12-12; vol. 79 # 239 - Friday, December 12, 2014
    1. 79 FR 73872 - Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and Standards of Performance for Phosphate Processing; Extension of Comment Period
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      Notice of proposed rulemaking; extension of public comment period.
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