40 CFR Appendix Table 12 to Subpart EEEE of Part 63 - Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE
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Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE
As stated in §§ 63.2382 and 63.2398, you must comply with the applicable General Provisions requirements as follows:
| Citation | Subject | Brief description | Applies to subpart EEEE |
|---|---|---|---|
| § 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; Circumvention, Severability | Yes. |
| § 63.5 | Construction/Reconstruction | Applicability; Applications; Approvals | Yes. |
| § 63.6(a) | Compliance with Standards/O&M Applicability | GP apply unless compliance extension; GP apply to area sources that become major | 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. |
| § 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 standards immediately upon becoming major, regardless of whether required to comply when they were an area source | Yes. |
| § 63.6(c)(1)–(2) | Compliance Dates for Existing Sources | Comply according to date in this 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. |
| § 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 this subpart or by equivalent time period ( |
Yes. |
| § 63.6(d) | [Reserved] | ||
| § 63.6(e)(1)(i) | Operation and Maintenance | Operate to minimize emissions at all times | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. See § 63.2350(d) for general duty requirement. |
| § 63.6(e)(1)(ii) | Operation and Maintenance | Correct malfunctions as soon as practicable | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.6(e)(1)(iii) | Operation and Maintenance | Operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met | Yes. |
| § 63.6(e)(2) | [Reserved] | ||
| § 63.6(e)(3) | SSM Plan | Requirement for SSM plan; content of SSM plan; actions during SSM | Yes, before July 7, 2023; however, (1) the 2-day reporting requirement in paragraph § 63.6(e)(3)(iv) does not apply and (2) § 63.6(e)(3) does not apply to emissions sources not requiring control.
No, beginning on and after July 7, 2023. |
| § 63.6(f)(1) | Compliance Except During SSM | You must comply with emission standards at all times except during SSM | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.6(f)(2)–(3) | Methods for Determining Compliance | Compliance based on performance test, operation and maintenance plans, records, inspection | Yes. |
| § 63.6(g)(1)–(3) | Alternative Standard | Procedures for getting an alternative standard | Yes. |
| § 63.6(h)(1) | Opacity/Visible Emission Standards | You must comply with opacity and visible emission standards at all times except during SSM | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.6(h)(2)–(9) | Opacity/Visible Emission Standards | Requirements for compliance with opacity and visible emission standards | No; except as it applies to flares for which Method 22 observations are required as part of a flare compliance assessment. |
| § 63.6(i)(1)–(14) | Compliance Extension | Procedures and criteria for Administrator to grant compliance extension | Yes. |
| § 63.6(j) | Presidential Compliance Exemption | President may exempt any source from requirement to comply with this subpart | Yes. |
| § 63.7(a)(2) | Performance Test Dates | Dates for conducting initial performance testing; must conduct 180 days after compliance date | 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 you have to reschedule performance test, must notify Administrator of rescheduled date as soon as practicable and without delay | Yes. |
| § 63.7(c) | Quality Assurance (QA)/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. |
| § 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 | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. See § 63.2354(b)(6). |
| § 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; however, for transfer racks per §§ 63.987(b)(3)(i)(A)–(B) and 63.997(e)(1)(v)(A)–(B) provide exceptions to the requirement for test runs to be at least 1 hour each. |
| § 63.7(e)(4) | Authority to Require Testing | Administrator has authority to require testing under CAA section 114 regardless of § 63.7 (e)(1)–(3) | Yes. |
| § 63.7(f) | Alternative Test Method | Procedures by which Administrator can grant approval to use an intermediate or major change, or alternative to a 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; keep data for 5 years | Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported. |
| § 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 of Flares | Monitoring requirements for flares in § 63.11 | Yes, before July 7, 2023; however, flare monitoring requirements in § 63.987(c) also apply before July 7, 2023.
No, beginning on and after July 7, 2023. See § 63.2380. |
| § 63.8(b)(1) | Monitoring | Must conduct monitoring according to standard unless Administrator approves alternative | Yes. |
| § 63.8(b)(2)–(3) | Multiple Effluents and Multiple Monitoring Systems | Specific requirements for installing monitoring systems; must install on each affected source or after combined with another affected source before it is released to the atmosphere provided the monitoring is sufficient to demonstrate compliance with the standard; 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, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.8(c)(1)(ii) | CMS malfunction not in SSM plan | Keep the necessary parts for routine repairs if CMS malfunctions | Yes. |
| § 63.8(c)(1)(iii) | Compliance with Operation and Maintenance Requirements | Develop a written SSM plan for CMS | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.8(c)(2)–(3) | Monitoring System Installation | Must install to get representative emission or 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; 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; however, COMS are not applicable. |
| § 63.8(c)(5) | COMS Minimum Procedures | COMS minimum procedures | No. |
| § 63.8(c)(6)–(8) | CMS Requirements | Zero and high level calibration check requirements. Out-of-control periods | Yes, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS. |
| § 63.8(d)(1)–(2) | CMS Quality Control | Requirements for CMS quality control | Yes, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS. |
| § 63.8(d)(3) | CMS Quality Control | Must keep quality control plan on record for 5 years; keep old versions | Yes, before July 7, 2023, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS.
No, beginning on and after July 7, 2023. See § 63.2366(c). |
| § 63.8(e) | CMS Performance Evaluation | Notification, performance evaluation test plan, reports | Yes, but only applies for CEMS, except this subpart specifies how and when the performance evaluation results are reported. |
| § 63.8(f)(1)–(5) | Alternative Monitoring Method | Procedures for Administrator to approve alternative monitoring | Yes, but subpart SS of this part also provides procedures for approval of CPMS. |
| § 63.8(f)(6) | Alternative to Relative Accuracy Test | Procedures for Administrator to approve alternative relative accuracy tests for CEMS | Yes. |
| § 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 four equally spaced data points; data that cannot be used in average | Yes; however, COMS are not applicable. |
| § 63.9(a) | Notification Requirements | Applicability and State delegation | Yes. |
| § 63.9(b)(1)–(2), (4)–(5) | Initial Notifications | Submit notification within 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construction/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 best available control technology or lowest achievable emission rate (BACT/LAER) | Yes. |
| § 63.9(d) | Notification of Special Compliance Requirements for New Sources | 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/Opacity Test | Notify Administrator 30 days prior | No. |
| § 63.9(g) | Additional Notifications When Using CMS | Notification of performance evaluation; notification about use of COMS data; notification that exceeded criterion for relative accuracy alternative | Yes; however, there are no opacity standards. |
| § 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/visible emissions, which are due 30 days after; when to submit to federal vs. state authority | Yes; however, (1) there are no opacity standards and (2) all initial Notification of Compliance Status, including all performance test data, are to be submitted at the same time, either within 240 days after the compliance date or within 60 days after the last performance test demonstrating compliance has been completed, whichever occurs first. |
| § 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 for change to major source status, other changes are reported in the first and subsequent compliance reports. |
| § 63.9(k) | Electronic reporting procedures | Procedure to report electronically for notification 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. |
| § 63.10(b)(1) | Recordkeeping/Reporting | General requirements; keep all records readily available; keep for 5 years | Yes. |
| § 63.10(b)(2)(i) | Records Related to Startup and Shutdown | Occurrence of each for operations (process equipment) | Yes, July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.10(b)(2)(ii) | Recordkeeping Relevant to Malfunction Periods and CMS | Occurrence of each malfunction of air pollution equipment | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. See § 63.2390(f). |
| § 63.10(b)(2)(iii) | Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment | Maintenance on air pollution control equipment | Yes. |
| § 63.10(b)(2)(iv) | Recordkeeping Relevant to SSM Periods and CMS | Actions during SSM | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 63.10(b)(2)(v) | Recordkeeping Relevant to SSM Periods and CMS | Actions during SSM | No. |
| § 63.10(b)(2)(vi)–(xi) | CMS Records | Malfunctions, inoperative, out-of-control periods | Yes. |
| § 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 | Yes. |
| § 63.10(b)(3) | Records | Applicability determinations | Yes. |
| § 63.10(c)(1)–(14) | Records | Additional records for CMS | Yes. |
| § 63.10(c)(15) | Records | Additional records for CMS | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. |
| § 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 | No. This subpart specifies how and when the performance test results are reported. |
| § 63.10(d)(3) | Reporting Opacity or Visible Emissions Observations | What to report and when | Yes. |
| § 63.10(d)(4) | Progress Reports | Must submit progress reports on schedule if under compliance extension | Yes. |
| § 63.10(d)(5) | SSM Reports | Contents and submission | Yes, before July 7, 2023.
No, beginning on and after July 7, 2023. See § 63.2386(d)(1)(xiii). |
| § 63.10(e)(1)–(2) | Additional CMS Reports | Must report results for each CEMS on a unit; written copy of CMS performance evaluation; two-three copies of COMS performance evaluation | Yes, except this subpart specifies how and when the performance evaluation results are reported; however, COMS are not applicable. |
| § 63.10(e)(3)(i)–(iii) | Reports | Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) | Yes; however, note that the title of the report is the compliance report; deviations include excess emissions and parameter exceedances. |
| § 63.10(e)(3)(iv)–(v) | Excess Emissions Reports | Requirement to revert to quarterly submission if there is an excess emissions or parameter monitoring 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 emissions (now defined as deviations), report contents in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)–(8) and 63.10(c)(5)–(13) | Yes. |
| § 63.10(e)(3)(vi)–(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)–(13) and 63.8(c)(7)–(8) | No. This subpart specifies the reported information for deviations within the compliance reports. |
| § 63.10(e)(4) | Reporting COMS Data | Must submit COMS data with performance test data | No. |
| § 63.10(f) | Waiver for Recordkeeping/Reporting | Procedures for Administrator to waive | Yes. |
| § 63.11(b) | Flares | Requirements for flares | Yes, before July 7, 2023; § 63.987 requirements apply, and the section references § 63.11(b).
No, beginning on and after July 7, 2023. See § 63.2380. |
| § 63.11(c), (d), and (e) | Control and work practice requirements | 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. |
[85 FR 40786, July 7, 2020, as amended at 85 FR 73903, Nov. 19, 2020]