40 C.F.R. § 63.1662-63 app Table 17 to Subpart XXXX of Part 63
Current through October 31, 2024
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. See 63.6010 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), (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. |
40 C.F.R. 63.1662-63 app Table 17 to Subpart XXXX of Part 63
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.