40 CFR Appendix Table 10 to Subpart UUUU of Part 63 - Table 10 to Subpart UUUU of Part 63—Applicability of General Provisions to Subpart UUUU
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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 to
Subpart 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 and Circumvention | Prohibited activities; compliance date; circumvention, severability | Yes. |
| § 63.5 | Preconstruction Review and Notification Requirements | Preconstruction review requirements of section 112(i)(1) | 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. |
| § 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 ( |
Yes. |
| § 63.6(d) | [Reserved] | ||
| § 63.6(e)(1)(i) | General Duty to Minimize Emissions | You must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b) for general duty requirement. |
| § 63.6(e)(1)(ii) | Requirement to Correct Malfunctions ASAP | You must correct malfunctions as soon as practicable after their occurrence | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. |
| § 63.6(e)(1)(iii) | Operation and Maintenance Requirements | Operation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standards | Yes. |
| § 63.6(e)(2) | [Reserved] | ||
| § 63.6(e)(3) | SSM Plan | Requirement for SSM and SSM plan; content of SSM plan | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). |
| § 63.6(f)(1) | SSM Exemption | You must comply with emission standards at all times except during SSM | No, see 40 CFR 63.5515(a). |
| § 63.6(f)(2) and (3) | Methods for Determining Compliance/Finding of 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)(1) | SSM Exemption | You must comply with opacity and visible emission standards at all times except during SSM | No, see CFR 63.5515(a). |
| § 63.6(h)(2) through (9) | 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 (16) | 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) | Performance Testing | Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM | No, see § 63.5535 and Table 4. |
| § 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) and (c)(1)(i) | General Duty to Minimize Emissions and CMS Operation | Maintain monitoring system in a manner consistent with good air pollution control practices | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b). |
| § 63.8(c)(1)(ii) | Parts for Routine Repairs | Keep parts for routine repairs readily available | Yes. |
| § 63.8(c)(1)(iii) | Requirements to develop SSM Plan for CMS | Develop a written SSM plan for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). |
| § 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) | 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) | 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; program of correction action to be included in plan required under § 63.8(d)(2) | 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 of the change | Yes, except the notification for all but change in major source status must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart. |
| § 63.9(k) | Electronic reporting procedures | Procedure for electronically reporting the notification required by § 63.9(j) | Yes, as specified in § 63.9(j). |
| § 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) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns | Records of occurrence and duration of each startup or shutdown that causes source to exceed emission limitation | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019.For all other affected sources, Yes before December 29, 2020, and No thereafter. |
| § 63.10(b)(2)(ii) | Recordkeeping of Failures to Meet a Standard | Records of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipment | No, see Table 9 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. |
| § 63.10(b)(2)(iii) | Maintenance Records | Records of maintenance performed on air pollution control and monitoring equipment | Yes. |
| § 63.10(b)(2)(iv) and (v) | Actions Taken to Minimize Emissions During SSM | Records of actions taken during SSM to minimize emissions | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. |
| § 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) through (ix) | Records | Measurements to demonstrate compliance with emission limits; performance test, performance evaluation, and opacity/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 (14) | 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(c)(15) | Use of SSM Plan | Use SSM plan to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). |
| § 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)(i) | Periodic SSM Reports | Contents and submission of periodic SSM reports | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See § 63.5580(c)(4) and Table 8 for malfunction reporting requirements. |
| § 63.10(d)(5)(ii) | Immediate SSM Reports | Contents and submission of immediate SSM reports | No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 29, 2020, 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, and No thereafter. |
| § 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)(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) | 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)(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 | State Authority and Delegations | State authority to enforce standards | Yes. |
| § 63.13 | Addresses | Addresses where reports, notifications, and requests are sent | Yes. |
| § 63.14 | Incorporations by Reference | Test methods incorporated by reference | Yes. |
| § 63.15 | Availability of Information and Confidentiality | Public and confidential information | Yes. |
| § 63.16 | Performance Track Provisions | Requirements for Performance Track member facilities | Yes. |
[85 FR 40019, July 2, 2020, as amended at 85 FR 73910, Nov. 19, 2020]