40 CFR Appendix Table 3 to Subpart BBBBBB of Part 63, Applicability of General Provisions

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Table 3 to Subpart BBBBBB of Part 63 - Applicability of General Provisions
Citation Subject Brief description Applies to subpart BBBBBB
§ 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications Yes, specific requirements given in § 63.11081 .
§ 63.1(c)(2) Title V permit Requirements for obtaining a title V permit from the applicable permitting authority Yes, § 63.11081(b ) of subpart BBBBBB exempts identified area sources from the obligation to obtain title V operating permits.
§ 63.2 Definitions Definitions for part 63 standards Yes, additional definitions in § 63.11100 .
§ 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/Operation & Maintenance Applicability General Provisions apply unless compliance extension; General Provisions 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 No.
§ 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 CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension No, § 63.11083 specifies the compliance dates.
§ 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 (e.g., 3 years) No.
§ 63.6(d) [Reserved]
63.6(e)(1)(i) General duty to minimize emissions Operate to minimize emissions at all times; information Administrator will use to determine if operation and maintenance requirements were met No. See § 63.11085 for general duty requirement.
63.6(e)(1)(ii) Requirement to correct malfunctions as soon as possible Owner or operator must correct malfunctions as soon as possible No.
§ 63.6(e)(2) [Reserved]
§ 63.6(e)(3) Startup, Shutdown, and Malfunction (SSM) plan Requirement for SSM plan; content of SSM plan; actions during SSM No.
§ 63.6(f)(1) Compliance Except During SSM You must comply with emission standards at all times except during SSM No.
§ 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) Compliance with Opacity/VE Standards You must comply with opacity/VE standards at all times except during SSM No.
§ 63.6(h)(2)(i) Determining Compliance with Opacity/VE Standards If standard does not State test method, use EPA Method 9 for opacity in appendix A of part 60 of this chapter and EPA Method 22 for VE in appendix A of part 60 of this chapter No.
§ 63.6(h)(2)(ii) [Reserved]
§ 63.6(h)(2)(iii) Using Previous Tests to Demonstrate Compliance with Opacity/VE Standards Criteria for when previous opacity/VE testing can be used to show compliance with this subpart No.
§ 63.6(h)(3) [Reserved]
§ 63.6(h)(4) Notification of Opacity/VE Observation Date Must notify Administrator of anticipated date of observation No.
§ 63.6(h)(5)(i) , (iii)-(v) Conducting Opacity/VE Observations Dates and schedule for conducting opacity/VE observations No.
§ 63.6(h) (5)(ii) Opacity Test Duration and Averaging Times Must have at least 3 hours of observation with 30 6-minute averages No.
§ 63.6(h)(6) Records of Conditions During Opacity/VE Observations Must keep records available and allow Administrator to inspect No.
§ 63.6(h)(7)(i) Report Continuous Opacity Monitoring System (COMS) Monitoring Data from Performance Test Must submit COMS data with other performance test data No.
§ 63.6(h)(7)(ii) Using COMS Instead of EPA Method 9 Can submit COMS data instead of EPA Method 9 results even if rule requires EPA Method 9 in appendix A of part 60 of this chapter, but must notify Administrator before performance test No.
§ 63.6(h)(7)(iii) Averaging Time for COMS During Performance Test To determine compliance, must reduce COMS data to 6-minute averages No.
§ 63.6(h)(7)(iv) COMS Requirements Owner/operator must demonstrate that COMS performance evaluations are conducted according to § 63.8(e) ; COMS are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d) No.
§ 63.6(h)(7)(v) Determining Compliance with Opacity/VE Standards COMS is probable but not conclusive evidence of compliance with opacity standard, even if EPA Method 9 observation shows otherwise. Requirements for COMS to be probable evidence-proper maintenance, meeting Performance Specification 1 in appendix B of part 60 of this chapter, and data have not been altered No.
§ 63.6(h)(8) Determining Compliance with Opacity/VE Standards Administrator will use all COMS, EPA Method 9 (in appendix A of part 60 of this chapter), and EPA Method 22 (in appendix A of part 60 of this chapter) results, as well as information about operation and maintenance to determine compliance No.
§ 63.6(h)(9) Adjusted Opacity Standard Procedures for Administrator to adjust an opacity standard No.
§ 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 Re-scheduling If 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 test must be conducted under representative conditions No, § 63.11092(g) specifies conditions for conducting performance tests.
§ 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, except for testing conducted under § 63.11092(a) .
§ 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.
§ 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 apply Yes.
§ 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) Operation and Maintenance of CMS Must maintain and operate each CMS as specified in § 63.6(e)(1) No.
§ 63.8(c)(1)(ii) Operation and Maintenance of CMS Must keep parts for routine repairs readily available Yes.
§ 63.8(c)(1)(iii) Operation and Maintenance of CMS Requirement to develop SSM Plan for CMS No.
§ 63.8(c) (2)-(8) CMS Requirements Must install to get representative emission or parameter measurements; must verify operational status before or at performance test Yes.
§ 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 No.
§ 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes.
§ 63.8(f) (1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes.
§ 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 4 equally spaced data points; data that cannot be used in average Yes.
§ 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 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/VE, which are due 30 days after; when to submit to Federal vs. State authority Yes, except as specified in § 63.11095(a)(4) ; also, there are no opacity standards.
§ 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change when notifications must be submitted Yes.
§ 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes.
§ 63.10(a) Record-keeping/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) Record-keeping/Reporting General requirements; keep all records readily available; keep for 5 years Yes.
§ 63.10(b)(2)(i) Records related to SSM Recordkeeping of occurrence and duration of startups and shutdowns No.
§ 63.10(b)(2)(ii) Records related to SSM Recordkeeping of malfunctions No. See § 63.11094(g) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction.
§ 63.10(b)(2)(iii) Maintenance records Recordkeeping of maintenance on air pollution control and monitoring equipment Yes.
§ 63.10(b)(2)(iv) Records Related to SSM Actions taken to minimize emissions during SSM No.
§ 63.10(b)(2)(v) Records Related to SSM Actions taken to minimize emissions 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) Records Additional records for CMS No.
§ 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.
§ 63.10(d)(3) Reporting Opacity or VE Observations What to report and when No.
§ 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 No. See § 63.11095(d) for malfunction reporting requirements.
§ 63.10(e)(1)-(2) Additional CMS Reports Must report results for each CEMS on a unit; written copy of CMS performance evaluation; 2-3 copies of COMS performance evaluation No.
§ 63.10(e)(3)(i)-(iii) Reports Schedule for reporting excess emissions Yes, note that § 63.11095 specifies excess emission events for this subpart.
§ 63.10(e)(3)(iv)-(v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (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, § 63.11095 specifies excess emission events for this subpart.
§ 63.10(e)(3)(vi)-(viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for CMS; requires all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13) Yes.
§ 63.10(e)(4) Reporting COMS Data Must submit COMS data with performance test data Yes.
§ 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes.
§ 63.11(b) Flares Requirements for flares Yes, the section references § 63.11(b) .
§ 63.12 Delegation 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 Public and confidential information Yes.
[ 73 FR 1933, Jan. 10, 2008, as amended at 76 FR 4180, Jan. 24, 2011]

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