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

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View PDF at GPO Pt. 63, Subpt. UUUU, Table 10
Table 10 to Subpart UUUU of Part 63—Applicability of General Provisions to Subpart UUUU
As required in §§ 63.5515(h) and 63.5600, you must comply with the appropriate General Provisions requirements specified in the following table:
Citation Subject Brief description Applies toSubpart UUUU
§ 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 and Reconstruction Applicability; applications; approvals Yes.
§ 63.6(a) Applicability General provisions apply unless compliance extension; general provisions apply to area sources that become major Yes.
§ 63.6(b)(1) through(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 CAA 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 and standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes.
§ 63.6(c)(1) and (2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes, except that existing rayon operations are given 8 years to comply with 40% reduction emission limit, as specified in § 63.5495(b)(2)(iii).
§ 63.6(c)(3) and (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 (e.g., 3 years) Yes.
§ 63.6(d) [Reserved]
§ 63.6(e)(1) and (2) Operation and Maintenance Operate to minimize emissions at all times; correct malfunctions as soon as practicable; 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 Requirement for startup, shutdown, and malfunction and SSM plan; content of SSM plan 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) and (3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes.
§ 63.6(g)(1) through (3) Alternative Standard Procedures for getting an alternative standard Yes.
§ 63.6(h) Opacity and Visible Emission (VE) Standards Requirements for opacity and visible emission limits Yes, but only for flares for which EPA Method 22 observations are required under § 63.11(b).
§ 63.6(i)(1) through (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 subpart Yes.
§ 63.7(a)(1) and (2) Performance Test Dates Dates for conducting initial performance test; testing and other compliance demonstrations; must conduct 180 days after first subject to subpart 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 test Yes.
§ 63.7(c) Quality Assurance and Test Plan Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing No.
§ 63.7(d) Testing Facilities Requirements for testing facilities Yes.
§ 63.7(e)(1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM Yes, except that performance tests for batch process vents must be conducted under other conditions, as specified in Table 4 to this subpart.
§ 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to this subpart and EPA test methods unless Administrator approves alternative Yes.
§ 63.7(e)(3) Test Run Duration Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; 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 Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status Report; 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 40 CFR part 60 apply Yes.
§ 63.8(a)(3) [Reserved]
§ 63.8(a)(4) Monitoring with Flares Unless your subpart 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) and (3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; 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 Keep parts for routine repairs readily available; reporting requirements for SSM when action is described in SSM plan Yes.
§ 63.8(c)(1)(ii) SSM Not in SSM plan Reporting requirements for SSM when action is not described in SSM plan Yes.
§ 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements How Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records; manufacturer's instructions, recommendations; inspection Yes.
§ 63.8(c)(2) and (3) Monitoring System Installation Must install to get representative emission of parameter measurements; must verify operational status before or at performance test Yes.
§ 63.8(c)(4) Continuous Monitoring System (CMS) Requirements CMS must be operating except during breakdown, out-of control, repair, maintenance, and high-level calibration drifts No. Replaced with language in § 63.5560.
§ 63.8(c)(4)(i) and (ii) Continuous Monitoring System (CMS) Requirements Continuous opacity monitoring systems (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 period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period Yes, except that § 63.8(c)(4)(i) does not apply because subpart UUUU does not require COMS.
§ 63.8(c)(5) COMS Minimum Procedures COMS minimum procedures No. Subpart UUUU does not require COMS.
§ 63.8(c)(6) CMS Requirements Zero and high level calibration check requirements; out-of-control periods No. Replaced with language in § 63.5545.
§ 63.8(c)(7) and (8) CMS Requirements Out-of-control periods, including reporting No. Replaced with language in § 63.5580(c)(6).
§ 63.8(d) CMS Quality Control Requirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisions No, except for requirements in § 63.8(d)(2).
§ 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes, except that § 63.8(e)(5)(ii) does not apply because subpart UUUU does not require COMS.
§ 63.8(f)(1) through (5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes, except that no site-specific test plan is required. The request to use an alternative monitoring method must be submitted with the notification of performance test or CEMS performance evaluation or 60 days prior to any initial compliance demonstration.
§ 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for CEMS Yes.
§ 63.8(g)(1) through (4) Data Reduction COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1-hour averages computed over at least four equally spaced data points; data that cannot be used in average No. Replaced with language in § 63.5545(e).
§ 63.8(g)(5) Data Reduction Data that cannot be used in computing averages for CEMS and COMS No. Replaced with language in § 63.5560(b).
§ 63.9(a) Notification Requirements Applicability and State delegation Yes.
§ 63.9(b)(1) through (5) Initial Notifications Submit notification subject 120 days after effective date; notification of intent to construct or reconstruct; notification of commencement of construction or reconstruction; notification of startup; 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 Yes.
§ 63.9(f) Notification of VE or Opacity Test Notify Administrator 30 days prior Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment.
§ 63.9(g) Additional Notifications When Using CMS Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy Yes, except that § 63.9(g)(2) does not apply because subpart UUUU does not require COMS.
§ 63.9(h)(1) through (6) Notification of Compliance Status Report Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity or VE, which are due 30 days after; when to submit to Federal vs. State authority Yes, except that Table 7 to this subpart specifies the submittal date for the notification. The contents of the notification will also include the results of EPA Method 22 observations required as part of a flare compliance assessment.
§ 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, except that the notification must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart.
§ 63.10(a) Recordkeeping and Reporting Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one source Yes.
§ 63.10(b)(1) Recordkeeping and Reporting General requirements; keep all records readily available; keep for 5 years Yes.
§ 63.10(b)(2)(i) through (iv) Records Related to Startup, Shutdown, and Malfunction Occurrence of each of operation (process equipment); occurrence of each malfunction of air pollution equipment; maintenance on air pollution control equipment; actions during startup, shutdown, and malfunction Yes.
§ 63.10(b)(2)(vi), (x), and (xi) CMS Records Malfunctions, inoperative, out-of-control; calibration checks, adjustments, maintenance Yes.
§ 63.10(b)(2)(vii) and (ix) Records Measurements to demonstrate compliance with emission limits; performance test, performance evaluation, and VE observation results; measurements to determine conditions of performance tests and performance evaluations Yes, including results of EPA Method 22 observations required as part of a flare compliance assessment.
§ 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 Report Yes.
§ 63.10(b)(3) Records Applicability determinations Yes.
§ 63.10(c)(1) through (6), (9) through (15) Records Additional records for CMS Yes.
§ 63.10(c)(7) and (8) Records Records of excess emissions and parameter monitoring exceedances for CMS No. Replaced with language in Table 9 to this subpart.
§ 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, except that Table 7 to this subpart specifies the submittal date for the Notification of Compliance Status Report.
§ 63.10(d)(3) Reporting Opacity or VE Observations What to report and when Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment.
§ 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, except that the immediate SSM report must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart.
§ 63.10(e)(1) and (2) Additional CMS Reports Must report results for each CEMS on a unit; written copy of performance evaluation; three copies of COMS performance evaluation Yes, except that § 63.10(e)(2)(ii) does not apply because subpart UUUU does not require COMS.
§ 63.10(e)(3) Reports Excess emission reports No. Replaced with language in § 63.5580.
§ 63.10(e)(3)(i) through (iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) No. Replaced with language in § 63.5580.
§ 63.10(e)(3)(iv) through (v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; 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. Replaced with language in § 63.5580.
§ 63.10(e)(3)(iv) and (v) Excess Emissions Reports Must submit report containing all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8) No. Replaced with language in § 63.5580.
§ 63.10(e)(3)(vi) through (viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for CMS (now called deviations); requires all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8) No. Replaced with language in § 63.5580.
§ 63.10(e)(4) Reporting COMS data Must submit COMS data with performance test data No. Subpart UUUU does not require COMS.
§ 63.10(f) Waiver for Recordkeeping or Reporting Procedures for Administrator to waive Yes.
§ 63.11 Control and work practice requirements Requirements for flares and alternative work practice for equipment leaks 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.
[67 FR 40055, June 11, 2002, as amended at 71 FR 20466, Apr. 20, 2006; 73 FR 78216, Dec. 22, 2008]

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    1. 79 FR 70102 - National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Texas
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