40 CFR Appendix Table 17 to Subpart XXXX of Part 63 - Table 17 to Subpart XXXX of Part 63—Applicability of General Provisions to This Subpart XXXX
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Table 17 to Subpart XXXX of Part 63—Applicability of General Provisions to This Subpart XXXX
Before January 21, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:
| Citation | Subject | Brief description of applicable sections | Applicable to Subpart XXXX? | |
|---|---|---|---|---|
| Using a control device | Not using a control device | |||
| § 63.1 | Applicability | Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications | Yes | Yes. |
| § 63.2 | Definitions | Definitions for part 63 standards | Yes | Yes. |
| § 63.3 | Units and Abbreviations | Units and abbreviations for part 63 standards | Yes | Yes. |
| § 63.4 | Prohibited Activities | Prohibited activities; compliance date; circumvention; severability | Yes | Yes. |
| § 63.5 | Construction/Reconstruction | Applicability; applications; approvals | Yes | Yes. |
| § 63.6(a) | Applicability | GP apply unless compliance extension; GP apply to area sources that become major | Yes | Yes. |
| § 63.6(b)(1)–(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 | Yes. |
| § 63.6(b)(5) | Notification | Must notify if commenced construction or reconstruction after proposal | Yes | Yes. |
| § 63.6(b)(6) | [Reserved] | |||
| § 63.6(b)(7) | Compliance Dates for New and Reconstructed Area Sources that Become Major | No | No. | |
| § 63.6(c)(1)–(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 | Yes. |
| § 63.6(c)(3)–(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 (for example, 3 years) | Yes | Yes. |
| § 63.6(d) | [Reserved] | |||
| § 63.6(e)(1)–(2) | Operation & Maintenance | Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met | Yes | Yes. |
| § 63.6(e)(3) | Startup, Shutdown, and Malfunction Plan | Yes | No. | |
| § 63.6(f)(1) | Compliance Except During Startup, Shutdown, and Malfunction | No. See § 63.5990(a) | No. | |
| § 63.6(f)(2)–(3) | Methods for Determining Compliance | Compliance based on performance test; operation and maintenance plans; records; inspection | Yes | Yes. |
| § 63.6(g)(1)–(3) | Alternative Standard | Procedures for getting an alternative standard | Yes | Yes. |
| § 63.6(h) | Opacity/Visible Emission (VE) Standards | No | No. | |
| § 63.6(i) | Compliance Extension | Procedures and criteria for Administrator to grant compliance extension | Yes | Yes. |
| § 63.6(j) | Presidential Compliance Exemption | President may exempt source category from requirement to comply with rule | Yes | Yes. |
| § 63.7(a)(1)–(2) | Performance Test Dates | No | No. | |
| § 63.7(a)(3) | CAA section 114 Authority | Administrator may require a performance test under CAA section 114 at any time | Yes | No. |
| § 63.7(b)(1) | Notification of Performance Test | Must notify Administrator 60 days before the test | Yes | No. |
| § 63.7(b)(2) | Notification of Rescheduling | If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date | Yes | No. |
| § 63.7(c) | Quality Assurance/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; and internal and external quality assurance procedures for testing | Yes | No. |
| § 63.7(d) | Testing Facilities | Requirements for testing facilities | Yes | No. |
| § 63.7(e)(1) | Conditions for Conducting Performance Tests | Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction; not a violation to exceed standard during startup, shutdown, and malfunction | Yes | No. |
| § 63.7(e)(2) | Conditions for Conducting Performance Tests | Must conduct according to rule and the EPA test methods unless Administrator approves alternative | Yes | No. |
| § 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; and conditions when data from an additional test run can be used | Yes | No. |
| § 63.7(f) | Alternative Test Method | Procedures by which Administrator can grant approval to use an alternative test method | Yes | No. |
| § 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; and keep data for 5 years | Yes | No. |
| § 63.7(h) | Waiver of Tests | Procedures for Administrator to waive performance test | Yes | No. |
| § 63.8(a)(1) | Applicability of Monitoring Requirements | Subject to all monitoring requirements in standard | Yes | Yes. |
| § 63.8(a)(2) | Performance Specifications | Performance Specifications in appendix B of 40 CFR part 60 apply | Yes | No. |
| § 63.8(a)(3) | [Reserved] | |||
| § 63.8(a)(4) | Monitoring with Flares | No | No. | |
| § 63.8(b)(1) | Monitoring | Must conduct monitoring according to standard unless Administrator approves alternative | Yes | Yes. |
| § 63.8(b)(2)–(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 | Yes. |
| § 63.8(c)(1) | Monitoring System Operation and Maintenance | Maintain monitoring system in a manner consistent with good air pollution control practices | Applies as modified by § 63.5990(e) and (f) | No. |
| § 63.8(c)(1)(i) | Routine and Predictable Startup, Shutdown, and Malfunction | No | No. | |
| § 63.8(c)(1)(ii) | Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan | No | No. | |
| § 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, and inspection of monitoring system | Yes | Yes. |
| § 63.8(c)(2)–(3) | Monitoring System Installation | Must install to get representative emission and parameter measurements; must verify operational status before or at performance test | Yes | No. |
| § 63.8(c)(4) | CMS Requirements | Applies as modified by § 63.5990(f) | No. | |
| § 63.8(c)(5) | Continuous Opacity Monitoring Systems Minimum Procedures | No | No. | |
| § 63.8(c)(6) | CMS Requirements | Applies as modified by § 63.5990(e) | No. | |
| § 63.8(c)(7)–(8) | CMS Requirements | Out-of-control periods, including reporting | Yes | No. |
| § 63.8(d) | CMS Quality Control | Applies as modified by § 63.5990(e) and (f) | No. | |
| § 63.8(e) | CMS Performance Evaluation | No | No. | |
| § 63.8(f)(1)–(5) | Alternative Monitoring Method | Procedures for Administrator to approve alternative monitoring | Yes | Yes. |
| § 63.8(f)(6) | Alternative to Relative Accuracy Test | No | No. | |
| § 63.8(g) | Data Reduction | Applies as modified by § 63.5990(f) | No. | |
| § 63.9(a) | Notification Requirements | Applicability and state delegation | Yes | Yes. |
| § 63.9(b)(1)–(5) | Initial Notifications | Submit notification 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construct/reconstruct, notification of startup; and contents of each | Yes | Yes. |
| § 63.9(c) | Request for Compliance Extension | Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate | Yes | 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 | Yes. |
| § 63.9(e) | Notification of Performance Test | Notify Administrator 60 days prior | Yes | No. |
| § 63.9(f) | Notification of VE/Opacity Test | No | No | |
| § 63.9(g) | Additional Notifications When Using CMS | No | No | |
| § 63.9(h) | Notification of Compliance Status | Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority | Yes | Yes. |
| § 63.9(i) | Adjustment of Submittal Deadlines | Procedures for Administrator to approve change in when notifications must be submitted | Yes | Yes. |
| § 63.9(j) | Change in Previous Information | Must submit within 15 days after the change | Yes | Yes. |
| § 63.10(a) | Recordkeeping/Reporting | Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than 1 source | Yes | Yes. |
| § 63.10(b)(1) | Recordkeeping/Reporting | General Requirements; keep all records readily available; and keep for 5 years. | Yes | Yes. |
| § 63.10(b)(2)(i)–(iv) | Records related to Startup, Shutdown, and Malfunction | Yes | No | |
| § 63.10(b)(2)(vi) and (x)–(xi) | CMS Records | Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance | Yes | No. |
| § 63.10(b)(2)(vii)–(ix) | Records | Measurements to demonstrate compliance with emission limitations; -performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations | Yes | Yes. |
| § 63.10(b)(2)(xii) | Records | Records when under waiver | Yes | Yes. |
| § 63.10(b)(2)(xiii) | Records | No | No. | |
| § 63.10(b)(2)(xiv) | Records | All documentation supporting Initial Notification and Notification of Compliance Status | Yes | Yes. |
| § 63.10(b)(3) | Records | Applicability determinations | Yes | Yes. |
| § 63.10(c) | Records | No | No. | |
| § 63.10(d)(1) | General Reporting Requirements | Requirement to report | Yes | Yes. |
| § 63.10(d)(2) | Report of Performance Test Results | When to submit to Federal or State authority | Yes | No. |
| § 63.10(d)(3) | Reporting Opacity or VE Observations | No | No. | |
| § 63.10(d)(4) | Progress Reports | Must submit progress reports on schedule if under compliance extension | Yes | Yes. |
| § 63.10(d)(5) | Startup, Shutdown, and Malfunction Reports | Yes | No. | |
| § 63.10(e) | Additional CMS Reports | No | No. | |
| § 63.10(f) | Waiver for Recordkeeping/Reporting | Procedures for Administrator to waive | Yes | Yes. |
| § 63.11 | Flares | No | No. | |
| § 63.12 | Delegation | State authority to enforce standards | Yes | Yes. |
| § 63.13 | Addresses | Addresses where reports, notifications, and requests are sent | Yes | Yes. |
| § 63.14 | Incorporation by Reference | Test methods incorporated by reference | Yes | Yes. |
| § 63.15 | Availability of Information | Public and confidential information | Yes | Yes. |
After January 20, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:
| Citation | Subject | Brief description of applicable sections | Applicable to Subpart XXXX? | |
|---|---|---|---|---|
| Using a control device | Not using a control device | |||
| § 63.1 | Applicability | Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications | Yes | Yes. |
| § 63.2 | Definitions | Definitions for part 63 standards | Yes | Yes. |
| § 63.3 | Units and Abbreviations | Units and abbreviations for part 63 standards | Yes | Yes. |
| § 63.4 | Prohibited Activities | Prohibited activities; compliance date; circumvention; severability | Yes | Yes. |
| § 63.5 | Construction/Reconstruction | Applicability; applications; approvals | Yes | Yes. |
| § 63.6(a) | Applicability | GP apply unless compliance extension; GP apply to area sources that become major | Yes | Yes. |
| § 63.6(b)(1)–(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 | Yes. |
| § 63.6(b)(5) | Notification | Must notify if commenced construction or reconstruction after proposal | Yes | Yes. |
| § 63.6(b)(6) | [Reserved] | |||
| § 63.6(b)(7) | Compliance Dates for New and Reconstructed Area Sources that Become Major | No | No. | |
| § 63.6(c)(1)–(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 | Yes. |
| § 63.6(c)(3)–(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 (for example, 3 years) | Yes | Yes. |
| § 63.6(d) | [Reserved] | |||
| § 63.6(e)(1)(i)–(ii) | Operations and Maintenance | No | No. | |
| § 63.6(e)(1)(iii)–(2) | Operation and Maintenance | Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met | Yes | Yes. |
| § 63.6(e)(3) | Startup, Shutdown, and Malfunction Plan | No | No. | |
| § 63.6(f)(1) | Startup, Shutdown, and Malfunction Exemption | No. See § 63.5990(a) | No. | |
| § 63.6(f)(2)–(3) | Methods for Determining Compliance | Compliance based on performance test; operation and maintenance plans; records; inspection | Yes | Yes. |
| § 63.6(g)(1)–(3) | Alternative Standard | Procedures for getting an alternative standard | Yes | Yes. |
| § 63.6(h) | Opacity/Visible Emissions (VE) Standards | No | No. | |
| § 63.6(i) | Compliance Extension | Procedures and criteria for Administrator to grant compliance extension | Yes | Yes. |
| § 63.6(j) | Presidential Compliance Exemption | President may exempt source category from requirement to comply with rule | Yes | Yes. |
| § 63.7(a)(1)–(2) | Performance Test Dates | No | No. | |
| § 63.7(a)(3) | CAA section 114 Authority | Administrator may require a performance test under CAA section 114 at any time | Yes | No. |
| § 63.7(b)(1) | Notification of Performance Test | Must notify Administrator 60 days before the test | Yes | No. |
| § 63.7(b)(2) | Notification of Rescheduling | If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date | Yes | No. |
| § 63.7(c) | Quality Assurance/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; and internal and external quality assurance procedures for testing | Yes | No. |
| § 63.7(d) | Testing Facilities | Requirements for testing facilities | Yes | No. |
| § 63.7(e)(1) | Conditions for Conducting Performance Tests | Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction | No | No. |
| § 63.7(e)(2) | Conditions for Conducting Performance Tests | Must conduct according to rule and the EPA test methods unless Administrator approves alternative | Yes | No. |
| § 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; and conditions when data from an additional test run can be used | Yes | No. |
| § 63.7(f) | Alternative Test Method | Procedures by which Administrator can grant approval to use an alternative test method | Yes | No. |
| § 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; and keep data for 5 years | Yes | No. |
| § 63.7(h) | Waiver of Tests | Procedures for Administrator to waive performance test | Yes | No. |
| § 63.8(a)(1) | Applicability of Monitoring Requirements | Subject to all monitoring requirements in standard | Yes | Yes. |
| § 63.8(a)(2) | Performance Specifications | Performance Specifications in appendix B of 40 CFR part 60 apply | Yes | No. |
| § 63.8(a)(3) | [Reserved] | |||
| § 63.8(a)(4) | Monitoring with Flares | No | No. | |
| § 63.8(b)(1) | Monitoring | Must conduct monitoring according to standard unless Administrator approves alternative | Yes | Yes. |
| § 63.8(b)(2)–(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 | Yes. |
| § 63.8(c)(1) | Monitoring System Operation and Maintenance | Maintain monitoring system in a manner consistent with good air pollution control practices | Applies as modified by § 63.5990(e) and (f) | No. |
| § 63.8(c)(1)(i) | Routine and Predictable Startup, Shutdown, and Malfunction | No | No. | |
| § 63.8(c)(1)(ii) | Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan | No | No. | |
| § 63.8(c)(1)(iii) | Compliance with Operation and Maintenance Requirements | How the Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system | No | No. |
| § 63.8(c)(2)–(3) | Monitoring System Installation | Must install to get representative emission and parameter measurements; must verify operational status before or at performance test | Yes | No. |
| § 63.8(c)(4) | CMS Requirements | Applies as modified by § 63.5990(f) | No. | |
| § 63.8(c)(5) | Continuous Opacity Monitoring Systems Minimum Procedures | No | No. | |
| § 63.8(c)(6) | CMS Requirements | Applies as modified by § 63.5990(e) | No. | |
| § 63.8(c)(7)–(8) | CMS Requirements | Out-of-control periods, including reporting | Yes | No. |
| § 63.8(d) | CMS Quality Control | Applies as modified by § 63.5990(e) and (f) | No. | |
| § 63.8(d)(3) | Written Procedures for CMS | No | No. | |
| § 63.8(e) | CMS Performance Evaluation | No | No. | |
| § 63.8(f)(1)–(5) | Alternative Monitoring Method | Procedures for Administrator to approve alternative monitoring | Yes | Yes. |
| § 63.8(f)(6) | Alternative to Relative Accuracy Test | No | No. | |
| § 63.8(g) | Data Reduction | Applies as modified by § 63.5990(f) | No. | |
| § 63.9(a) | Notification Requirements | Applicability and state delegation | Yes | Yes. |
| § 63.9(b)(1)–(5) | Initial Notifications | Submit notification 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construct/reconstruct, notification of startup; and contents of each | Yes | Yes. |
| § 63.9(c) | Request for Compliance Extension | Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate | Yes | 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 | Yes. |
| § 63.9(e) | Notification of Performance Test | Notify Administrator 60 days prior | Yes | No. |
| § 63.9(f) | Notification of VE/Opacity Test | No | No. | |
| § 63.9(g) | Additional Notifications When Using CMS | No | No. | |
| § 63.9(h) | Notification of Compliance Status | Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority | Yes | Yes. |
| § 63.9(i) | Adjustment of Submittal Deadlines | Procedures for Administrator to approve change in when notifications must be submitted | Yes | Yes. |
| § 63.9(j) | Change in Previous Information | Must submit within 15 days after the change | Yes | Yes. |
| § 63.10(a) | Recordkeeping/Reporting | Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than 1 source | Yes | Yes. |
| § 63.10(b)(1) | Recordkeeping/Reporting | General Requirements; keep all records readily available; and keep for 5 years | Yes | Yes. |
| § 63.10(b)(2)(i) and (iv–v) | Records related to Startup, Shutdown, and Malfunction | No | No. | |
| § 63.10(b)(2)(ii) | Recordkeeping of failures to meet a standard | No. |
||
| § 63.10(b)(2)(iii), (vi), and (x)–(xi) | CMS Records | Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance | Yes | No. |
| § 63.10(b)(2)(vii)–(ix) | Records | Measurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations | Yes | Yes. |
| § 63.10(b)(2)(xii) | Records | Records when under waiver | Yes | Yes. |
| § 63.10(b)(2)(xiii) | Records | No | No. | |
| § 63.10(b)(2)(xiv) | Records | All documentation supporting Initial Notification and Notification of Compliance Status | Yes | Yes. |
| § 63.10(b)(3) | Records | Applicability determinations | Yes | Yes. |
| § 63.10(c) | Records | No | No. | |
| § 63.10(d)(1) | General Reporting Requirements | Requirement to report | Yes | Yes. |
| § 63.10(d)(2) | Report of Performance Test Results | When to submit to Federal or State authority | Yes | No. |
| § 63.10(d)(3) | Reporting Opacity or VE Observations | No | No. | |
| § 63.10(d)(4) | Progress Reports | Must submit progress reports on schedule if under compliance extension | Yes | Yes. |
| § 63.10(d)(5) | Startup, Shutdown, and Malfunction Reports | No | No. | |
| § 63.10(e) | Additional CMS Reports | No | No. | |
| § 63.10(f) | Waiver for Recordkeeping/Reporting | Procedures for Administrator to waive | Yes | Yes. |
| § 63.11 | Flares | No | No. | |
| § 63.12 | Delegation | State authority to enforce standards | Yes | Yes. |
| § 63.13 | Addresses | Addresses where reports, notifications, and requests are sent | Yes | Yes. |
| § 63.14 | Incorporation by Reference | Test methods incorporated by reference | Yes | Yes. |
| § 63.15 | Availability of Information | Public and confidential information | Yes | Yes. |
[85 FR 44765, July 24, 2020]
Editorial Note:
At 85 FR 73911, Nov. 19, 2020, table 17 to subpart XXXX of part 63 was amended by adding an entry for § 63.9(k); however, the amendment could not be incorporated because there are two tables within table 17, and the regulatory instruction did not indicate which table should receive the new entry.