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

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(a)(1)–(4) General Applicability Yes
§ 63.1(a)(5) [Reserved] Not applicable
§ 63.1(a)(6) Yes Except the correct mail drop (MD) number is C404–04.
§ 63.1(a)(7)–(9) [Reserved] Not applicable
§ 63.1(a)(10)–(12) Yes Except that this subpart specifies calendar or operating day.
§ 63.1(b)(1) Initial Applicability Determination for this part Yes
§ 63.1(b)(2) [Reserved] Not applicable
§ 63.1(b)(3) Yes
§ 63.1(c)(1) Applicability of this part after a Relevant Standard has been set under this part Yes
§ 63.1(c)(2) No Area sources are not subject to this subpart.
§ 63.1(c)(3)–(4) [Reserved] Not applicable
§ 63.1(c)(5) Yes
§ 63.1(c)(6) Reclassification Yes
§ 63.1(d) [Reserved] Not applicable
§ 63.1(e) Applicability of Permit Program Yes
§ 63.2 Definitions Yes § 63.1579 specifies that if the same term is defined in subparts A and UUU of this part, it shall have the meaning given in this subpart.
§ 63.3 Units and Abbreviations Yes
§ 63.4(a)(1)–(2) Prohibited Activities Yes
§ 63.4(a)(3)–(5) [Reserved] Not applicable
§ 63.4(b)–(c) Circumvention and Fragmentation Yes
§ 63.5(a) Construction and Reconstruction Yes
§ 63.5(b)(1) Yes
§ 63.5(b)(2) [Reserved] Not applicable
§ 63.5(b)(3)–(4) Yes In § 63.5(b)(4), replace the reference to § 63.9(b) with § 63.9(b)(4) and (5).
§ 63.5(b)(5) [Reserved] Not applicable
§ 63.5(b)(6) Yes
§ 63.5(c) [Reserved] Not applicable
§ 63.5(d)(1)(i) Application for Approval of Construction or Reconstruction—General Application Requirements Yes Except this subpart specifies the application is submitted as soon as practicable before startup but not later than 90 days after the promulgation date if 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, and § 63.5(d)(1)(ii)(G) and (I) are Reserved and do not apply.
§ 63.5(d)(1)(iii) No This subpart specifies submission of notification of compliance status.
§ 63.5(d)(2) Yes
§ 63.5(d)(3) Yes
§ 63.5(d)(4) Yes
§ 63.5(e) Approval of Construction or Reconstruction Yes
§ 63.5(f)(1) Approval of Construction or Reconstruction Based on State Review Yes
§ 63.5(f)(2) Yes Except that the cross-reference to § 63.9(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 this subpart 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 this subpart 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)(i) General Duty to Minimize Emissions No See § 63.1570(c) for general duty requirement.
§ 63.6(e)(1)(ii) Requirement to Correct Malfunctions as Soon as Possible No
§ 63.6(e)(1)(iii) Compliance with Standards and Maintenance Requirements Yes
§ 63.6(e)(2) [Reserved] Not Applicable
§ 63.6(e)(3)(i) Startup, Shutdown, and Malfunction Plan Requirements No
§ 63.6(e)(3)(ii) [Reserved] Not applicable
§ 63.6(e)(3)(iii)–(ix) No
§ 63.6(f)(1) SSM Exemption No
§ 63.6(f)(2)(i)–(iii)(C) Compliance with Standards and Maintenance Requirements Yes
§ 63.6(f)(2)(iii)(D) Yes
§ 63.6(f)(2)(iv)–(v) Yes
§ 63.6(f)(3) Yes Except the cross-references to § 63.6(f)(1) and (e)(1)(i) are changed to § 63.1570(c) and this subpart specifies how and when the performance test results are reported.
§ 63.6(g) Alternative Standard Yes
§ 63.6(h)(1) SSM Exemption for Opacity/VE Standards No
§ 63.6(h)(2)(i) Determining Compliance with Opacity/VE Standards No This subpart 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 (40 CFR part 60, appendix A–7) 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 (40 CFR part 60, appendix A–7) observations.
§ 63.6(h)(7)(i) Report COM Monitoring Data from Performance Test Yes Except this subpart specifies how and when the performance test results are reported.
§ 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)(7)(v) COMS Results and Visual Observations Yes
§ 63.6(h)(8) Determining Compliance with Opacity/VE Standards Yes Except this subpart specifies how and when the performance test results are reported.
§ 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 this subpart specifies the applicable test and demonstration procedures.
§ 63.7(a)(2) Performance Test Dates Yes Except this subpart specifies that the results of initial performance tests must be submitted within 150 days after the compliance date.
§ 63.7(a)(3) Section 114 Authority Yes
§ 63.7(a)(4) Force Majeure Yes
§ 63.7(b) Notifications Yes Except that this subpart 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 Except that when this subpart specifies to use 40 CFR part 60, appendix F, out of control periods are to be defined as specified in part 60, appendix F.
§ 63.7(d) Performance Test Facilities Yes
§ 63.7(e)(1) Performance Testing No See § 63.1571(b)(1).
§ 63.7(e)(2)–(4) Conduct of Tests Yes
§ 63.7(f) Alternative Test Method Yes
§ 63.7(g) Data Analysis, Recordkeeping, Reporting Yes Except this subpart specifies how and when the performance test or performance evaluation results are reported and § 63.7(g)(2) is reserved and does not apply.
§ 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 Except that for a flare complying with § 63.670, the cross-reference to § 63.11 in this paragraph does not include § 63.11(b).
§ 63.8(b)(1) Conduct of Monitoring Yes
§ 63.8(b)(2)–(3) Multiple Effluents and Multiple Monitoring Systems Yes This subpart specifies the required monitoring locations.
§ 63.8(c)(1) Monitoring System Operation and Maintenance Yes
§ 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.1570(c).
§ 63.8(c)(1)(ii) Keep Necessary Parts for CMS Yes
§ 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No
§ 63.8(c)(2)–(3) Monitoring System Installation Yes Except that this subpart 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 Yes
§ 63.8(c)(5) COMS Minimum Procedures Yes
§ 63.8(c)(6) CMS Requirements Yes
§ 63.8(c)(7)–(8) CMS Requirements Yes
§ 63.8(d)(1)–(2) Quality Control Program for CMS Yes
§ 63.8(d)(3) Written Procedures for CMS No
§ 63.8(e) CMS Performance Evaluation Yes Except this subpart specifies how and when the performance evaluation results are reported.
§ 63.8(f)(1)–(5) Alternative Monitoring Methods Yes Except that this subpart 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 This subpart 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) 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 after the effective date if construction or reconstruction had commenced but startup had not occurred before the effective date.
§ 63.9(b)(3) [Reserved] Not applicable
§ 63.9(b)(4)–(5) Initial Notification Information Yes Except § 63.9(b)(4)(ii)–(iv), which are reserved and do not apply.
§ 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
§ 63.9(h) Notification of Compliance Status Yes Except that this subpart specifies the notification is due no later than 150 days after compliance date, and except that the reference to § 63.5(d)(1)(ii)(H) in § 63.9(h)(5) does not apply.
§ 63.9(i) Adjustment of Deadlines Yes
§ 63.9(j) Change in Previous Information Yes
§ 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j).
63.10(a) Recordkeeping and Reporting Applicability Yes
§ 63.10(b)(1) General Recordkeeping Requirements Yes
§ 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No
§ 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.1576(a)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions taken to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii) Maintenance Records Yes
§ 63.10(b)(2)(iv)–(v) Actions Taken to Minimize Emissions During SSM No
§ 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes
§ 63.10(b)(2)(vii)–(xiv) Other CMS Requirements Yes
§ 63.10(b)(3) Recordkeeping for Applicability Determinations. Yes
§ 63.10(c)(1)–(6) Additional Records for Continuous Monitoring Systems Yes Except § 63.10(c)(2)–(4), which are Reserved and do not apply.
§ 63.10(c)(7)–(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes
§ 63.10(c)(9) [Reserved] Not applicable
§ 63.10(c)(10) Recording Nature and Cause of Malfunctions No See § 63.1576(a)(2) for malfunctions recordkeeping requirements.
§ 63.10(c)(11) Recording Corrective Actions No See § 63.1576(a)(2) for malfunctions recordkeeping requirements.
§ 63.10(c)(12)–(14) Additional CMS Recordkeeping Requirements Yes
§ 63.10(c)(15) Use of SSM Plan No
§ 63.10(d)(1) General Reporting Requirements Yes
§ 63.10(d)(2) Performance Test Results No This subpart specifies how and when the performance test results are reported.
§ 63.10(d)(3) Opacity or VE Observations Yes
§ 63.10(d)(4) Progress Reports Yes
§ 63.10(d)(5) SSM Reports No See § 63.1575(d) for CPMS malfunction reporting and § 63.1575(e) for COMS and CEMS malfunction reporting.
§ 63.10(e)(1)–(2) Additional CMS Reports Yes Except this subpart specifies how and when the performance evaluation results are reported.
§ 63.10(e)(3) Excess Emissions/CMS Performance Reports No This subpart specifies the applicable requirements.
§ 63.10(e)(4) COMS Data Reports Yes Except this subpart specifies how and when the performance test results are reported.
§ 63.10(f) Recordkeeping/Reporting Waiver Yes
§ 63.11(a) Control Device and Work Practice Requirements Applicability Yes
§ 63.11(b) Flares Yes Except that flares complying with § 63.670 are not subject to the requirements of § 63.11(b).
§ 63.11(c)–(e) Alternative Work Practice for Monitoring Equipment for Leaks Yes
§ 63.12 State Authority and Delegations Yes
§ 63.13 Addresses Yes
§ 63.14 Incorporation by Reference Yes
§ 63.15 Availability of Information and Confidentiality Yes
§ 63.16 Performance Track Provisions Yes
[80 FR 75320, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018; 85 FR 73901, Nov. 19, 2020]