Regulations last checked for updates: Nov 25, 2024

Title 40 - Protection of Environment last revised: Nov 21, 2024
Appendix - Table 10 to Subpart JJJJJ of Part 63—Applicability of General Provisions to Subpart JJJJJ

As stated in § 63.8505, you must comply with the General Provisions in §§ 63.1 through 63.16 that apply to you according to the following table:

Citation Subject Brief description Applies to subpart JJJJJ?
§ 63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions, notificationsYes.
§ 63.2DefinitionsDefinitions for part 63 standardsYes.
§ 63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§ 63.4Prohibited ActivitiesCompliance date; circumvention; severabilityYes.
§ 63.5Construction/ReconstructionApplicability; applications; approvalsYes.
§ 63.6(a)ApplicabilityGeneral Provisions (GP) apply unless compliance extension; GP apply to area sources that become majorYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed sourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)Yes.
§ 63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§ 63.6(b)(6)[Reserved]No.
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were area sourcesYes.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 calendar days of effective date unless compliance extensionYes.
§ 63.6(c)(3)-(4)[Reserved]No.
§ 63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea 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.
§ 63.6(d)[Reserved]No.
§ 63.6(e)(1)(i)Operation & MaintenanceGeneral Duty to minimize emissionsNo. See § 63.8420(b) for general duty requirement.
§ 63.6(e)(1)(ii)Operation & MaintenanceRequirement to correct malfunctions ASAPNo.
§ 63.6(e)(1)(iii)Operation & MaintenanceOperation and maintenance requirements enforceable independent of emissions limitationsYes.
§ 63.6(e)(2)[Reserved]No.
§ 63.6(e)(3)Startup, Shutdown, and Malfunction Plan (SSMP)Requirement for startup, shutdown, and malfunction (SSM) and SSMP; content of SSMPNo.
§ 63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMNo.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§ 63.6(g)Alternative StandardProcedures for getting an alternative standardYes.
§ 63.6(h)Opacity/VE StandardsRequirements for opacity and VE standardsNo, not applicable.
§ 63.6(i)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt source categoryYes.
§ 63.7(a)(1)-(2)Performance Test DatesDates for conducting initial performance testing and other compliance demonstrations for emission limits and work practice standards; must conduct 180 calendar days after first subject to ruleYes.
§ 63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§ 63.7(a)(4)Notification of Delay in Performance Testing Due To Force MajeureMust notify Administrator of delay in performance testing due to force majeureYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 calendar days before the testYes.
§ 63.7(b)(2)Notification of ReschedulingMust notify Administrator 5 calendar days before scheduled date of rescheduled dateYes.
§ 63.7(c)Quality Assurance(QA)/Test PlanRequirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testingYes.
§ 63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
§ 63.7(e)(1)Conditions for Conducting Performance TestsCannot conduct performance tests during SSM; not a violation to exceed standard during SSMNo, § 63.8445 specifies requirements.
§ 63.7(e)(2)-(3)Conditions for Conducting Performance TestsMust conduct according to subpart and EPA test methods unless Administrator approves alternative; must have at least 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 usedYes.
§ 63.7(e)(4)Testing under Section 114Administrator's authority to require testing under section 114 of the ActYes.
§ 63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an alternative test methodYes.
§ 63.7(g)Performance Test Data AnalysisMust include raw data in performance test report; must submit performance test data 60 calendar days after end of test with the notification of compliance statusYes.
§ 63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in subpartYes.
§ 63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of 40 CFR part 60 applyYes.
§ 63.8(a)(3)[Reserved]No.
§ 63.8(a)(4)Monitoring with FlaresRequirements for flares in § 63.11 applyNo, not applicable.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing and reporting on monitoring systemsYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceMaintenance consistent with good air pollution control practicesYes.
§ 63.8(c)(1)(i)Routine and Predictable SSMReporting requirements for SSM when action is described in SSMPNo.
§ 63.8(c)(1)(ii)SSM not in SSMPReporting requirements for SSM when action is not described in SSMPYes.
§ 63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsHow Administrator determines if source complying with operation and maintenance requirementsNo.
§ 63.8(c)(2)-(3)Monitoring System InstallationMust install to get representative emission and parameter measurementsYes.
§ 63.8(c)(4)CMS RequirementsRequirements for CMSNo, § 63.8450 specifies requirements.
§ 63.8(c)(5)Continuous Opacity Monitoring System (COMS) Minimum ProceduresCOMS minimum proceduresNo, not applicable.
§ 63.8(c)(6)CMS RequirementsZero and high level calibration check requirementsYes.
§ 63.8(c)(7)-(8)CMS RequirementsOut-of-control periodsYes.
§ 63.8(d)(1) and (2)CMS Quality ControlRequirements for CMS quality controlYes.
§ 63.8(d)(3)CMS Quality ControlWritten procedures for CMSNo, § 63.8425(b)(9) specifies requirements
§ 63.8(e)CMS Performance EvaluationRequirements for CMS performance evaluationYes.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes.
§ 63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy test for continuous emissions monitoring systems (CEMS)No, not applicable.
§ 63.8(g)Data ReductionCOMS and CEMS data reduction requirementsNo, not applicable.
§ 63.9(a)Notification RequirementsApplicability; State delegationYes.
§ 63.9(b)Initial NotificationsRequirements for initial notifications
§ 63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed BACT/LAERYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourceFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§ 63.9(e)Notification of Performance TestNotify Administrator 60 calendar days priorYes.
§ 63.9(f)Notification of VE/Opacity TestNotify Administrator 30 calendar days priorNo, not applicable.
§ 63.9(g)(1)Additional Notifications When Using CMSNotification of performance evaluationYes.
§ 63.9(g)(2)-(3)Additional Notifications When Using CMSNotification of COMS data use; notification that relative accuracy alternative criterion were exceededNo, not applicable.
§ 63.9(h)Notification of Compliance StatusContents; submittal requirementsYes.
§ 63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change in when notifications must be submittedYes.
§ 63.9(j)Change in Previous InformationMust submit within 15 calendar days after the changeYes.
§ 63.9(k)Electronic reporting proceduresElectronic reporting procedures for notifications per § 63.9(j)Yes.
§ 63.10(a)Recordkeeping/ReportingApplicability; general informationYes.
§ 63.10(b)(1)General Recordkeeping RequirementsGeneral requirementsYes.
§ 63.10(b)(2)(i)Records Related to SSMRecordkeeping of occurrence and duration of startups and shutdownsNo.
§ 63.10(b)(2)(ii)Records Related to SSMRecordkeeping of failures to meet a standardNo. See § 63.8490(c)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii)Records Related to SSMMaintenance records
§ 63.10(b)(2)(iv)-(v)Records Related to SSMActions taken to minimize emissions during SSMNo.
§ 63.10(b)(2)(vi)-(xii) and (xiv)CMS RecordsRecords when CMS is malfunctioning, inoperative or out-of-controlYes.
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy test
§ 63.10(b)(3)RecordsApplicability DeterminationsYes.
§ 63.10(c)(1)-(15)RecordsAdditional records for CMSNo, §§ 63.8425 and 63.8490 specify requirements
§ 63.10(d)(1) and (2)General Reporting RequirementsRequirements for reporting; performance test results reportingYes.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsRequirements for reporting opacity and VENo, not applicable.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§ 63.10(d)(5)SSM ReportsContents and submission.No. See § 63.8485(c)(9) for malfunction reporting requirements.
§ 63.10(e)(1)-(3)Additional CMS ReportsRequirements for CMS reportingNo, §§ 63.8425 and 63.8485 specify requirements.
§ 63.10(e)(4)Reporting COMS dataRequirements for reporting COMS data with performance test dataNo, not applicable.
§ 63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§ 63.11FlaresRequirement for flaresNo, not applicable.
§ 63.12DelegationState authority to enforce standards
§ 63.13AddressesAddresses for reports, notifications, requestsYes.
§ 63.14Incorporation by ReferenceMaterials incorporated by referenceYes.
§ 63.15Availability of InformationInformation availability; confidential informationYes.
§ 63.16Performance Track ProvisionsRequirements for Performance Track member facilitiesYes.
[80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.