Regulations last checked for updates: Nov 22, 2024

Title 40 - Protection of Environment last revised: Nov 20, 2024
§ 63.2870 - What parts of the General Provisions apply to me?

Table 1 of this section shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Table 1 of § 63.2870 follows:

Table 1 to § 63.2870—Applicability of 40 CFR Part 63, Subpart A, to 40 CFR, Part 63, Subpart GGGG

General provisions citation Subject of citation Brief description of requirement Applies to subpart Explanation
§ 63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions; notificationsYes
§ 63.2DefinitionsDefinitions for part 63 standardsYesExcept as specifically provided in this subpart.
§ 63.3Units and abbreviationsUnits and abbreviations for part 63 standardsYes
§ 63.4Prohibited activities and circumventionProhibited activities; compliance date; circumvention; severabilityYes
§ 63.5Construction/reconstructionApplicability; applications; approvalsYesExcept for subsections of § 63.5 as listed below.
§ 63.5(c)[Reserved]
§ 63.5(d)(1)(ii)(H)Application for approvalType and quantity of HAP, operating parametersNoAll sources emit HAP. Subpart GGGG does not require control from specific emission points.
§ 63.5(d)(1)(ii)(I)[Reserved]
§ 63.5(d)(1)(iii), (d)(2), (d)(3)(ii)Application for approvalNoThe requirements of the application for approval for new, reconstructed and significantly modified sources are described in § 63.2860(b) and (c) of subpart GGGG. General provision requirements for identification of HAP emission points or estimates of actual emissions are not required. Descriptions of control and methods, and the estimated and actual control efficiency of such do not apply. Requirements for describing control equipment and the estimated and actual control efficiency of such equipment apply only to control equipment to which the subpart GGGG requirements for quantifying.
§ 63.6Applicability of General ProvisionsApplicabilityYesExcept for subsections of § 63.6 as listed below.
§ 63.6(b)(1)-(3)Compliance dates, new and reconstructed sourcesNoSection 63.2834 of subpart GGGG specifies the compliance dates for new and reconstructed sources.
§ 63.6(b)(6)[Reserved]
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(d)[Reserved]
§ 63.6(e)(1)(i)Operation and MaintenanceYes, before September 15, 2020. No, on or after September 15, 2020See § 63.2840(g) for general duty requirement
§ 63.6(e)(1)(ii)Operation and MaintenanceRequirement to correct malfunctions as soon as practicableYes, before September 15, 2020]. No, on or after September 15, 2020See § 63.2840(g) for general duty requirement.
§ 63.6(e)(3)(i) through (e)(3)(ii) and § 63.6(e)(3)(v) through (vii)Operation and maintenance requirementsYes, before September 15, 2020Minimize emissions to the extent practicable. On or after September 15, 2020, see § 63.2840(g) for general duty requirement.
§ 63.6(e)(3)(iii)Operation and maintenance requirementsNoMinimize emissions to the extent practicable. On or after September 15, 2020, see § 63.2840(g) for general duty requirement.
§ 63.6(e)(3)(iv)Operation and maintenance requirementsNoReport SSM and in accordance with § 63.2861(c) and (d).
§ 63.6(e)(3)(viii)Operation and maintenance requirementsYes, before September 15, 2020. No, on or after September 15, 2020Except, before September 15, 2020, report each revision to your SSM plan in accordance with § 63.2861(c) rather than § 63.10(d)(5) as required under § 63.6(e)(3)(viii).
§ 63.6(e)(3)(ix)Title V permitYes, before September 15, 2020. No, on or after September 15, 2020
§ 63.6(f)(1)Compliance with nonopacity emission standards except during SSMComply with emission standards at all times except during SSMYes, before September 15, 2020. No, on or after September 15, 2020
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)Use of an Alternative StandardYes
§ 63.6(h)Opacity/Visible emission (VE) standardsNoSubpart GGGG has no opacity or VE standards.
§ 63.6(i)Compliance extensionProcedures and criteria for responsible agency to grant compliance extensionYes.
§ 63.6(j)Presidential compliance exemptionPresident may exempt source category from requirement to comply with subpartYes.
§ 63.7(e)(1)Performance testing requirementsRepresentative conditions for performance testYes, before September 15, 2020. No, on or after September 15, 2020See § 63.2853(a)(5)(i)(A) for performance testing requirements.
§ 63.7(e)(2)-(4), (f), (g), and (h)Performance testing requirementsSchedule, conditions, notifications and proceduresYesSubpart GGGG requires performance testing only if the source applies additional control that destroys solvent. Section 63.2850(a)(6) requires sources to follow the performance testing guidelines of the General Provisions if a control is added.
§ 63.8Monitoring requirementsNoSubpart GGGG does not require monitoring other than as specified therein.
§ 63.9Notification requirementsApplicability and state delegationYesExcept for subsections of § 63.9 as listed below.
§ 63.9(b)(2)Notification requirementsInitial notification requirements for existing sourcesNoSection 63.2860(a) of subpart GGGG specifies the requirements of the initial notification for existing sources.
§ 63.9(b)(3)-(5)Notification requirementsNotification requirement for certain new/reconstructed sourcesYesExcept the information requirements differ as described in § 63.2860(b) of subpart GGGG.
§ 63.9(e)Notification of performance testNotify responsible agency 60 days aheadYesApplies only if performance testing is performed.
§ 63.9(f)Notification of VE/opacity observationsNotify responsible agency 30 days aheadNoSubpart GGGG has no opacity or VE standards.
§ 63.9(g)Additional notifications when using a continuous monitoring system (CMS)Notification of performance evaluation; Notification using COMS data; notification that exceeded criterion for relative accuracyNoSubpart GGGG has no CMS requirements.
§ 63.9(h)Notification of compliance statusContentsNoSection 63.2860(d) of subpart GGGG specifies requirements for the notification of compliance status.
§ 63.9(j)Notification requirementsChange in previous informationYes
§ 63.9(k)Notification requirementsElectronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10Recordkeeping/reportingSchedule for reporting, record storageYesExcept for subsections of § 63.10 as listed below.
§ 63.10(b)(2)(i)RecordkeepingRecord SSM eventYes, before September 15, 2020. No, on or after September 15, 2020Before September 15, 2020, applicable to periods when sources must implement their SSM plan as specified in subpart GGGG. On or after September 15, 2020, meet the requirements of § 63.2862(f).
§ 63.10(b)(2)(ii)-(iii)RecordkeepingMalfunction of air pollution equipmentNoBefore September 15, 2020, applies only if air pollution control equipment has been added to the process and is necessary for the source to meet the emission limit. On or after September 15, 2020, meet the requirements of § 63.2862(g).
§ 63.10(b)(2)(iv)-(v)RecordkeepingSSM recordkeepingYes, before September 15, 2020. No, on or after September 15, 2020
§ 63.10(b)(2)(vi)RecordkeepingCMS recordkeepingNoSubpart GGGG has no CMS requirements.
§ 63.10(b)(2)(viii)-(ix)RecordkeepingConditions of performance testYesApplies only if performance tests are performed. Subpart GGGG does not have any CMS opacity or VE observation requirements.
§ 63.10(b)(2)(x)-(xii)RecordkeepingCMS, performance testing, and opacity and VE observations recordkeepingNoSubpart GGGG does not require CMS.
§ 63.10(c)RecordkeepingAdditional CMS recordkeepingNoSubpart GGGG does not require CMS.
§ 63.10(d)(2)ReportingReporting performance test resultsYesApplies only if performance testing is performed.
§ 63.10(d)(3)ReportingReporting opacity or VE observationsNoSubpart GGGG has no opacity or VE standards.
§ 63.10(d)(4)ReportingProgress reportsYesApplies only if a condition of compliance extension exists.
§ 63.10(d)(5)ReportingSSM reportingNoSection 63.2861(c) and (d) specify SSM reporting requirements.
§ 63.10(e)ReportingAdditional CMS reportsNoSubpart GGGG does not require CMS.
§ 63.11Control device requirementsRequirements for flaresYesApplies only if your source uses a flare to control solvent emissions. Subpart GGGG does not require flares.
§ 63.12State authority and delegationsState authority to enforce standardsYes
§ 63.13State/regional addressesAddresses where reports, notifications, and requests are sentYes
§ 63.14Incorporation by referenceTest methods incorporated by referenceYes
§ 63.15Availability of information and confidentialityPublic and confidential informationYes
[66 FR 19011, Apr. 12, 2001, as amended at 67 FR 16321, Apr. 5, 2002; 71 FR 20463, Apr. 20, 2006; 85 FR 15632, Mar. 18, 2020; 85 FR 73904, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
cite as: 40 CFR 63.2870