40 CFR Part 63, Subpart UUU, Table 44 to Subpart UUU of Part 63 - Applicability of NESHAP General Provisions to Subpart UUU

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There are 2 Updates appearing in the Federal Register for 40 CFR 63. View below or at eCFR (GPOAccess)
View PDF at GPO Pt. 63, Subpt. UUU, Table 44
Table 44 to Subpart UUU of Part 63—Applicability of NESHAP General Provisions to Subpart UUU
As stated in § 63.1577, you shall meet each requirement in the following table that applies to you.
Citation Subject Applies to subpart UUU Explanation
§ 63.1 Applicability Yes Except that subpart UUU specifies calendar or operating day.
§ 63.2 Definitions Yes
§ 63.3 Units and Abbreviations Yes
§ 63.4 Prohibited Activities Yes
§ 63.5(A)-(C) Construction and Reconstruction Yes In § 63.5(b)(4), replace the reference to § 63.9 with § 63.9(b)(4) and (5).
§ 63.5(d)(1)(i) Application for Approval of Construction or Reconstruction—General Application Requirements Yes Except, subpart UUU specifies the application is submitted as soon as practicable before startup but not later than 90 days (rather then 60) after the promulgation date where construction or reconstruction had commenced and initial startup had not occurred before promulgation.
§ 63.5(d)(1)(ii) Yes Except that emission estimates specified in § 63.5(d)(1)(ii)(H) are not required.
§ 63.5(d)(1)(iii) No Subpart UUU specifies submission of notification of compliance status.
§ 63.5(d)(2) No
§ 63.5(d)(3) Yes Except that § 63.5(d)(3)(ii) does not apply.
§ 63.5(d0(4) Yes
§ 63.5(e) Approval of Construction or Reconstruction Yes
§ 63.5(f)(1) Approval of Construction or Reconstruction Based on State Review
§ 63.5(f)(2) Yes Except that 60 days is changed to 90 days and cross-reference to 53.9(B)(2) does not apply.
§ 63.6(a) Compliance with Standards and Maintenance—Applicability Yes
§ 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed Sources Yes
§ 63.6(b)(5) Yes Except that subpart UUU specifies different compliance dates for sources.
§ 63.6(b)(6) [Reserved] Not applicable
§ 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Yes
§ 63.6(c)(1)-(2) Compliance Dates for Existing Sources Yes Except that subpart UUU specifies different compliance dates for sources subject to Tier II gasoline sulfur control requirements.
§ 63.6(c)(3)-(4) [Reserved] Not applicable
§ 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Yes
§ 63.6(d) [Reserved] Not applicable
§ 63.6(e)(1)-(2) Operation and Maintenance Requirements Yes
§ 63.6(e)(3)(i)-(iii) Startup, Shutdown, and Malfunction Plan Yes
§ 63.6(e)(3)(iv) Yes Except that reports of actions not consistent with plan are not required within 2 and 7 days of action but rather must be included in next periodic report.
§ 63.6(e)(3)(v)-(viii) Yes The owner or operator is only required to keep the latest version of the plan.
§ 63.6(e)(3)(ix) Yes
§ 63.6(f)(1)-(2)(iii)(C) Compliance with Emission Standards Yes
§ 63.6(f)(2)(iii)(D) No
§ 63.6(f)(2)(iv)-(v) Yes
§ 63.6(f)(3) Yes
§ 63.6(g) Alternative Standard Yes
§ 63.6(h) Opacity/VE Standards Yes
§ 63.6(h)(2)(i) Determining Compliance with Opacity/VE Standards No Subpart UUU specifies methods.
§ 63.6(h)(2)(ii) [Reserved] Not applicable
§ 63.6(h)(2)(iii) Yes
§ 63.6(h)(3) [Reserved] Not applicable
§ 63.6(h)(4) Notification of Opacity/VE Observation Date Yes Applies to Method 22 tests.
§ 63.6(h)(5) Conducting Opacity/VE Observations No
§ 63.6(h)(6) Records of Conditions During Opacity/VE Observations Yes Applies to Method 22 observations.
§ 63.6(h)(7)(i) Report COM Monitoring Data from Performance Test Yes
§ 63.6(h)(7)(ii) Using COM Instead of Method 9 No
§ 63.6(h)(7)(iii) Averaging Time for COM during Performance Test Yes
§ 63.6(h)(7)(iv) COM Requirements Yes
§ 63.6(h)(8) Determining Compliance with Opacity/VE Standards Yes
§ 63.6(h)(9) Adjusted Opacity Standard Yes
§ 63.6(i)(1)-(14) Extension of Compliance Yes Extension of compliance under § 63.6(i)(4) not applicable to a facility that installs catalytic cracking feed hydrotreating and receives an extended compliance date under § 63.1563(c).
§ 63.6(i)(15) [Reserved] Not applicable
§ 63.6(i)(16) Yes
§ 63.6(j) Presidential Compliance Exemption Yes
§ 63.7(a)(1) Performance Test Requirements Applicability Yes Except that subpart UUU specifies the applicable test and demonstration procedures.
§ 63.7(a)(2) Performance Test Dates No Test results must be submitted in the Notification of Compliance Status report due 150 days after the compliance date.
§ 63.7(a)(3) Section 114 Authority Yes
§ 63.7(b) Notifications Yes Except that subpart UUU specifies notification at least 30 days prior to the scheduled test date rather than 60 days.
§ 63.7(c) Quality Assurance Program/Site-Specific Test Plan Yes
§ 63.7(d) Performance Test Facilities Yes
§ 63.7(e) Conduct of Tests Yes
§ 63.7(f) Alternative Test Method Yes
§ 63.7(g) Data Analysis, Recordkeeping, Reporting Yes Except performance test reports must be submitted with notification of compliance status due 150 days after the compliance date.
§ 63.7(h) Waiver of Tests Yes
§ 63.8(a)(1) Monitoring Requirements-Applicability Yes
§ 63.8(a)(2) Performance Specifications Yes
§ 63.8(a)(3) [Reserved] Not applicable
§ 63.8(a)(4) Monitoring with Flares Yes
§ 63.8(b)(1) Conduct of Monitoring Yes
§ 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Yes Subpart UUU specifies the required monitoring locations.
§ 63.8(c)(1) Monitoring System Operation and Maintenance Yes
§ 63.8(c)(1)(i)-(ii) Startup, Shutdown, and Malfunctions Yes Except that subpart UUU specifies that reports are not required if actions are consistent with the SSM plan, unless requested by the permitting authority. If actions are not consistent, actions must be described in next compliance report.
§ 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements Yes
§ 63.8(c)(2)-(3) Monitoring System Installation Yes Except that subpart UUU specifies that for continuous parameter monitoring systems, operational status verification includes completion of manufacturer written specifications or installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment will monitor accurately.
§ 63.8(c)(4) Continuous Monitoring System Requirements No Subpart UUU specifies operational requirements.
§ 63.8(c)(4)(i)-(ii) Continuous Monitoring System Requirements Yes Except that these requirements apply only to a continuous opacity monitoring system or a continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits.
§ 63.8(c)(5) COM Minimum Procedures Yes
§ 63.8(c)(6) CMS Requirements No Except that these requirements apply only to a continuous opacity monitoring system or continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits.
§ 63.8(c)(7)-(8) CMS Requirements Yes
§ 63.8(d) Quality Control Program Yes Except that these requirements apply only to a continuous opacity monitoring system or continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits.
§ 63.8(e) CMS Performance Evaluation Yes Except that these requirements apply only to a continuous opacity monitoring system or continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits. Results are to be submitted as part of the Notification Compliance Status due 150 days after the compliance date.
§ 63.8(f)(1)-(5) Alternative Monitoring Methods Yes Except that subpart UUU specifies procedures for requesting alternative monitoring systems and alternative parameters.
§ 63.8(f)(6) Alternative to Relative Accuracy Test Yes Applicable to continuous emission monitoring systems if performance specification requires a relative accuracy test audit.
§ 63.8(g)(1)-(4) Reduction of Monitoring Data Yes Applies to continuous opacity monitoring system or continuous emission monitoring system.
§ 63.8(g)(5) Data Reduction No Subpart UUU specifies requirements.
§ 63.9(a) Notification Requirements—Applicability Yes Duplicate Notification of Compliance Status report to the Regional Administrator may be required.
§ 63.9(b)(1)-(2), (4)-(5) Initial Notifications Yes Except that notification of construction or reconstruction is to be submitted as soon as practicable before startup but no later than 30 days (rather than 60 days) after the effective date if construction or reconstruction had commenced but startup had not occurred before the effective date.
§ 63.9(b)(3) [Reserved]
§ 63.9(c) Request for Extension of Compliance Yes
§ 63.9(d) New Source Notification for Special Compliance Requirements Yes
§ 63.9(e) Notification of Performance Test Yes Except that notification is required at least 30 days before test.
§ 63.9(f) Notification of VE/Opacity Test Yes
§ 63.9(g) Additional Notification Requirements for Sources with Continuous Monitoring Systems Yes Except that these requirements apply only to a continuous opacity monitoring system or continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits.
§ 63.9(h) Notification of Compliance Status Yes Except that subpart UUU specifies the notification is due no later than 150 days after compliance date.
§ 63.9(i) Adjustment of Deadlines Yes
§ 63.9(j) Change in Previous Information Yes
63. 10(a) Recordkeeping and Reporting Applicability Yes
§ 63.10(b) Records Yes Except that § 63.10(b)(2)(xiii) applies if you use a continuous emission monitoring system to meet the NSPS or you select to meet the NSPS, CO, or SO2 reduced sulfur limit and the performance evaluation requires a relative accuracy test audit.
§ 63.10(c)(1)-(6), (9)-(15) Additional Records for Continuous Monitoring Systems Yes Except that these requirements apply if you use a continuous opacity monitoring system or a continuous emission monitoring system to meet the NSPS or elect to meet the NSPS opacity, CO, or SO2 limits.
§ 63.10(c)(7)-(8) Records of Excess Emissions and Exceedances No Subpart UUU specifies requirements.
§ 63.10(d)(1) General Reporting Requirements Yes
§ 63.10(d)(2) Performance Test Results No Subpart UUU requires performance test results to be reported as part of the Notification of Compliance Status due 150 days after the compliance date.
§ 63.10(d)(3) Opacity or VE Observations Yes
§ 63.10(d)(4) Progress Reports Yes
§ 63.10(d)(5)(i) Startup, Shutdown, and Malfunction Reports Yes Except that reports are not required if actions are consistent with the SSM plan, unless requested by permitting authority.
§ 63.10(d)(5)(ii) Yes Except that actions taken during a startup, shutdown, or malfunction that are not consistent with the plan do not need to be reported within 2 and 7 days of commencing and completing the action, respectively, but must be included in the next periodic report.
§ 63.10(e)(1)-(2) Additional CMS Reports Yes Except that these requirements apply only to a continuous opacity monitoring system or continuous emission monitoring system if you are subject to the NSPS or elect to comply with the NSPS opacity, CO, or SO2 limits. Reports of performance evaluations must be submitted in Notification of Compliance Status.
§ 63.10(e)(3) Excess Emissions/CMS Performance Reports No Subpart UUU specifies the applicable requirements.
§ 63.10(e)(4) COMS Data Reports Yes
§ 63.10(f) Recordkeeping/Reporting Waiver Yes
§ 63.11 Control Device Requirements Yes Applicable to flares.
§ 63.13 Addresses Yes
§ 63.14 Incorporation by Reference Yes
§ 63.15 Available of Information Yes
[70 FR 6966, Feb. 9, 2005, as amended at 71 FR 20462, Apr. 20, 2006]

Title 40 published on 2014-07-01

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  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
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      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 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.

  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.
      40 CFR Parts 60 and 63