40 CFR Appendix Table 10 to Subpart DDDD of Part 63 - Table 10 to Subpart DDDD of Part 63—Applicability of General Provisions to This Subpart
Table 10 to Subpart DDDD of Part 63—Applicability of General Provisions to This Subpart
| Citation | Subject | Brief description | Applies to this subpart
before August 13, 2021, except as noted in footnote “1” to this table |
Applies to this subpart on and after August 13, 2021, except as noted in footnote “1” to this table |
|---|---|---|---|---|
| § 63.1 | Applicability | Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications | Yes | Yes. |
| § 63.2 | Definitions | Definitions for standards in this part | Yes | Yes. |
| § 63.3 | Units and Abbreviations | Units and abbreviations for standards in this part | Yes | Yes. |
| § 63.4 | Prohibited Activities and Circumvention | Prohibited activities; compliance date; circumvention, fragmentation | Yes | Yes. |
| § 63.5 | Preconstruction Review and Notification Requirements | Preconstruction review requirements of section 112(i)(1) | 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 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 | Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source | Yes | Yes. |
| § 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 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 ( |
Yes | 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 | Yes | No, see § 63.2250 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 | Yes | No. |
| § 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 | Yes. |
| § 63.6(e)(2) | [Reserved] | |||
| § 63.6(e)(3) | Startup, Shutdown, and Malfunction Plan (SSMP) | Requirement for SSM and SSMP; content of SSMP | Yes | No. |
| § 63.6(f)(1) | SSM Exemption | You must comply with emission standards at all times except during SSM | No. See § 63.2250(a) | No. |
| § 63.6(f)(2)–(3) | Methods for Determining Compliance/Finding of 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)(1) | SSM Exemption | You must comply with opacity and visible emission standards at all times except during SSM | NA | No. |
| § 63.6(h)(2)–(9) | Opacity/Visible Emission (VE) Standards | Requirements for opacity and visible emission standards | NA | NA. |
| § 63.6(i)(1)–(14) | Compliance Extension | Procedures and criteria for Administrator to grant compliance extension | Yes | Yes. |
| § 63.6(i)(15) | [Reserved] | |||
| § 63.6(i)(16) | Compliance Extension | Compliance extension and Administrator's authority | 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 | Dates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to rule | Yes | Yes. |
| § 63.7(a)(3) | Section 114 Authority | Administrator may require a performance test under CAA section 114 at any time | Yes | Yes. |
| § 63.7(b)(1) | Notification of Performance Test | Must notify Administrator 60 days before the test | Yes | Yes. |
| § 63.7(b)(2) | Notification of Rescheduling | If have to reschedule performance test, must notify Administrator as soon as practicable | Yes | Yes. |
| § 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; internal and external QA procedures for testing | Yes | Yes. |
| § 63.7(d) | Testing Facilities | Requirements for testing facilities | Yes | 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 | Yes | No, see § 63.2262(a)–(b). |
| § 63.7(e)(2) | Conditions for Conducting Performance Tests | Must conduct according to rule and EPA test methods unless Administrator approves alternative | Yes | Yes. |
| § 63.7(e)(3) | Test Run Duration | Must have three test runs for at least the time specified in the relevant standard; compliance is based on arithmetic mean of three runs; specifies conditions when data from an additional test run can be used | Yes | Yes. |
| § 63.7(f) | Alternative Test Method | Procedures by which Administrator can grant approval to use an alternative test method | Yes | 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; keep data for 5 years | Yes | Yes. |
| § 63.7(h) | Waiver of Tests | Procedures for Administrator to waive performance test | Yes | Yes. |
| § 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 part 60 of this chapter apply | Yes | Yes. |
| § 63.8(a)(3) | [Reserved] | |||
| § 63.8(a)(4) | Monitoring with Flares | Requirements for flares in § 63.11 apply | NA | NA. |
| § 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 and good air pollution control practices | Yes | Yes. |
| § 63.8(c)(1)(i) | Operation and Maintenance of CMS | Must maintain and operate CMS in accordance with § 63.6(e)(1) | Yes | No. |
| § 63.8(c)(1)(ii) | Spare Parts for CMS | Must maintain spare parts for routine CMS repairs | Yes | Yes. |
| § 63.8(c)(1)(iii) | Requirements to Develop SSMP for CMS | Must develop and implement SSMP for CMS | Yes | No. |
| § 63.8(c)(2)–(3) | Monitoring System Installation | Must install to get representative emission of parameter measurements; must verify operational status before or at performance test | Yes | Yes. |
| § 63.8(c)(4) | CMS Requirements | CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts; 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 | Yes. |
| § 63.8(c)(5) | Continuous Opacity Monitoring System (COMS) Minimum Procedures | COMS minimum procedures | NA | NA. |
| § 63.8(c)(6)–(8) | CMS Requirements | Zero and high-level calibration check requirements; out-of-control periods | Yes | Yes. |
| § 63.8(d)(1)–(2) | CMS Quality Control | Requirements for CMS quality control, including calibration, etc. | Yes. Refer to § 63.2269(a)–(c) for CPMS quality control procedures to be included in the quality control program | Yes. Refer to § 63.2269(a)–(c) for CPMS quality control procedures to be included in the quality control program. |
| § 63.8(d)(3) | Written Procedures for CMS | Must keep quality control plan on record for 5 years. Keep old versions for 5 years after revisions. May incorporate as part of SSMP to avoid duplication. | Yes | No, see § 63.2282(f). |
| § 63.8(e) | CMS Performance Evaluation | Notification, performance evaluation test plan, reports | Yes, for CEMS | Yes, for CEMS. |
| § 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 | Procedures for Administrator to approve alternative relative accuracy tests for CEMS | Yes, for CEMS | Yes, for CEMS. |
| § 63.8(g) | Data Reduction | COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that can't be used in average; rounding of data | Yes | Yes. |
| § 63.9(a) | Notification Requirements | Applicability and State delegation | Yes | Yes. |
| § 63.9(b)(1)–(2) | Initial Notifications | Submit notification 120 days after effective date; contents of notification | Yes | Yes. |
| § 63.9(b)(3) | [Reserved] | |||
| § 63.9(b)(4)–(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; 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/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 EPA Administrator 60 days prior | Yes | Yes. |
| § 63.9(f) | Notification of Visible Emissions/Opacity Test | Notify EPA Administrator 30 days prior | No | No. |
| § 63.9(g) | Additional Notifications When Using CMS | Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy | Yes | Yes. |
| § 63.9(h)(1)–(6) | 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. |
| § 63.9(k) | Electronic reporting procedures | Electronic reporting procedures | Yes, only as specified in § 63.9(j) | Yes, only as specified in § 63.9(j). |
| § 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 one source | Yes | Yes. |
| § 63.10(b)(1) | Recordkeeping/Reporting | General Requirements; keep all records readily available; keep for 5 years | Yes | 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 | Yes | No, see § 63.2282(a). |
| § 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 | Yes | No, see § 63.2282(a) 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 | Yes. |
| § 63.10(b)(2)(iv)–(v) | Actions Taken to Minimize Emissions During SSM | Records of actions taken during SSM to minimize emissions | Yes | No. |
| § 63.10(b)(2)(vi) and (x)–(xi) | CMS Records | Malfunctions, inoperative, out-of-control | Yes | Yes. |
| § 63.10(b)(2)(vii)–(ix) | Records | Measurements to demonstrate compliance with compliance options and operating requirements; performance test, performance evaluation, and visible emission observation results; 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 | Records when using alternative to relative accuracy test | Yes | Yes. |
| § 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)(1)–(6), (9)–(14) | Records | Additional records for CMS | Yes | Yes. |
| § 63.10(c)(7)–(8) | Records | Records of excess emissions and parameter monitoring exceedances for CMS | No | No. |
| § 63.10(c)(15) | Use of SSMP | Use SSMP to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS | Yes | 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 | Yes. |
| § 63.10(d)(3) | Reporting Opacity or VE Observations | What to report and when | NA | NA. |
| § 63.10(d)(4) | Progress Reports | Must submit progress reports on schedule if under compliance extension | Yes | Yes. |
| § 63.10(d)(5)(i) | Periodic SSM Reports | Contents and submission of periodic SSM reports | Yes | No, see § 63.2281(d)–(e) for malfunction reporting requirements. |
| § 63.10(d)(5)(ii) | Immediate SSM Reports | Contents and submission of immediate SSM reports | Yes | No. |
| § 63.10(e)(1)–(2) | Additional CMS Reports | Must report results for each CEM on a unit; written copy of performance evaluation; 3 copies of COMS performance evaluation | Yes | Yes. |
| § 63.10(e)(3) | Reports | Excess emission reports | No | No. |
| § 63.10(e)(4) | Reporting COMS Data | Must submit COMS data with performance test data | NA | NA. |
| § 63.10(f) | Waiver for Recordkeeping/Reporting | Procedures for EPA Administrator to waive | Yes | Yes. |
| § 63.11 | Control Device and Work Practice Requirements | Requirements for flares and alternative work practice for equipment leaks | NA | NA. |
| § 63.12 | State Authority and Delegations | State authority to enforce standards | Yes | Yes. |
| § 63.13 | Addresses | Addresses where reports, notifications, and requests are sent | Yes | Yes. |
| § 63.14 | Incorporations by Reference | Test methods incorporated by reference | Yes | Yes. |
| § 63.15 | Availability of Information and Confidentiality | Public and confidential information | Yes | Yes. |
| § 63.16 | Performance Track Provisions | Requirements for Performance Track member facilities | Yes | Yes. |
1 New or reconstructed affected sources that commenced construction or reconstruction after September 6, 2019 must comply with the requirements in column 5 of this table beginning on August 13, 2020 or upon initial startup, whichever is later.
[85 FR 49465, Aug. 13, 2020, as amended at 85 FR 73902, Nov. 19, 2020]