40 CFR Appendix Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

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Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

As specified in this subpart, you must meet each requirement in the following table that applies to you. The owner or operator may begin complying with the provisions that apply no later than September 27, 2021, any time before that date.

Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

Part 63 citation Description Applicable to subpart AAAA
28, 2021
Applicable to subpart AAAA
no later than
September 27, 2021
§ 63.1(a) Applicability: General applicability of NESHAP in this part Yes Yes
§ 63.1(b) Applicability determination for stationary sources Yes Yes
§ 63.1(c) Applicability after a standard has been set No 1 Yes
§ 63.1(e) Applicability of permit program before relevant standard is set Yes Yes
§ 63.2 Definitions Yes Yes
§ 63.3 Units and abbreviations No 1 Yes
§ 63.4 Prohibited activities and circumvention Yes Yes
§ 63.5(a) Construction/reconstruction No 1 Yes
§ 63.5(b) Requirements for existing, newly constructed, and reconstructed sources Yes Yes
§ 63.5(d) Application for approval of construction or reconstruction No 1 Yes
§ 63.5(e) and (f) Approval of construction and reconstruction No 1 Yes
§ 63.6(a) Compliance with standards and maintenance requirements - applicability No 1 Yes
§ 63.6(b) and (c) Compliance dates for new, reconstructed, and existing sources No 1 Yes
§ 63.6(e)(1)(i)-(ii) Operation and maintenance requirements Yes No See § 63.1955(c) for general duty requirements.
§ 63.6(e)(3)(i)-(ix) SSM plan Yes No
§ 63.6(f)(1) Exemption of nonopacity emission standards during SSM No No
§ 63.6(f)(2) and (3) Compliance with nonopacity emission standards Yes Yes
§ 63.6(g) Use of an alternative nonopacity standard No 1 Yes
§ 63.6(h) Compliance with opacity and visible emission standards No 1 No Subpart AAAA does not prescribe opacity or visible emission standards.
§ 63.6(i) Extension of compliance with emission standards No 1 Yes
§ 63.6(j) Exemption from compliance with emission standards No 1 Yes
§ 63.7 Performance testing No 1 Yes
§ 63.7(e)(1) Conditions for performing performance tests No 1 No 40 CFR 63.1959(f) specifies the conditions for performing performance tests.
§ 63.8(a) and (b) Monitoring requirements - Applicability and conduct of monitoring No 1 Yes
§ 63.8(c)(1) Operation and Maintenance of continuous emissions monitoring system No 1 Yes
§ 63.8(c)(1)(i) Operation and Maintenance Requirements No 1 No Unnecessary due to the requirements of § 63.8(c)(1) and the requirements for a quality control plan for monitoring equipment in § 63.8(d)(2).
§ 63.8(c)(1)(ii) Operation and Maintenance Requirements No 1 No
§ 63.8(c)(1)(iii) SSM plan for monitors No 1 No
§ 63.8(c)(2)-(8) Monitoring requirements No 1 Yes
§ 63.8(d)(1) Quality control for monitors No 1 Yes
§ 63.8(d)(2) Quality control for monitors No 1 Yes
§ 63.8(d)(3) Quality control records No 1 No See § 63.1983(c)(8).
§ 63.9(a), (c), and (d) Notifications No 1 Yes
§ 63.9(b) Initial notifications No 1 Yes 2
§ 63.9(e) Notification of performance test No 1 Yes 2
§ 63.9(f) Notification of visible emissions/opacity test No 1 No Subpart AAAA does not prescribe opacity or visible emission standards.
§ 63.9(g) Notification when using CMS No 1 Yes 2
§ 63.9(h) Notification of compliance status No 1 Yes 2
§ 63.9(i) Adjustment of submittal deadlines No 1 Yes
§ 63.9(j) Change in information already provided No 1 Yes
§ 63.10(a) Recordkeeping and reporting - general No 1 Yes
§ 63.10(b)(1) General recordkeeping No 1 Yes
§ 63.10(b)(2)(i) Startup and shutdown records Yes No See § 63.1983(c)(6) for recordkeeping for periods of startup and shutdown.
§ 63.10(b)(2)(ii) Recordkeeping of failures to meet a standard Yes No See § 63.1983(c)(6)-(7) for recordkeeping for any exceedance of a standard.
§ 63.10(b)(2)(iii) Recordkeeping of maintenance on air pollution control equipment Yes Yes
§ 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSM Yes No See § 63.1983(c)(7) for recordkeeping of corrective actions to restore compliance.
§ 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions No 1 Yes
§ 63.10(b)(2)(vii)-(xiv) Other Recordkeeping of compliance measurements No 1 Yes
§ 63.10(c) Additional recordkeeping for sources with CMS No 1 No See § 63.1983 for required CMS recordkeeping.
§ 63.10(d)(1) General reporting No 1 Yes
§ 63.10(d)(2) Reporting of performance test results No 1 Yes
§ 63.10(d)(3) Reporting of visible emission observations No 1 No
§ 63.10(d)(4) Progress reports for compliance date extensions No 1 Yes
§ 63.10(d)(5) SSM reporting Yes No All exceedances must be reported in the semi-annual report required by § 63.1981(h).
§ 63.10(e) Additional reporting for CMS systems No 1 Yes
§ 63.10(f) Recordkeeping/reporting waiver No 1 Yes
§ 63.11 Control device requirements/flares No 1 Yes § 60.18 is required before September 27, 2021. However, § 60.18 and 63.11 are equivalent.
§ 63.12(a) State authority Yes Yes
§ 63.12(b)-(c) State delegations No 1 Yes
§ 63.13 Addresses No 1 Yes
§ 63.14 Incorporation by reference No 1 Yes
§ 63.15 Availability of information and confidentiality Yes Yes

1 Before September 28, 2021, this subpart requires affected facilities to follow 40 CFR part 60, subpart WWW, which incorporates the General Provisions of 40 CFR part 60.

2 If an owner or operator has complied with requirements that are parallel to the requirements of the part 63 citation of this table under 40 CFR part 60, subpart WWW or subpart XXX, or a state or federal plan that implements 40 CFR part 60, subpart Cc or Cf, then additional notification for that requirement is not required.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8204, Feb. 14, 2022]