40 CFR Table 1 to Subpart MM of Part 63
General Provisions Applicability to Subpart MM
June 9, 2020
Open Table
| General provisions reference |
Summary of requirements | Applies to subpart MM |
Explanation |
|---|---|---|---|
| 63.1(a)(1) | General applicability of the General Provisions | Yes | Additional terms defined in §63.861; when overlap between subparts A and MM of this part, subpart MM takes precedence. |
| 63.1(a)(2)-(14) | General applicability of the General Provisions | Yes | |
| 63.1(b)(1) | Initial applicability determination | No | Subpart MM specifies the applicability in §63.860. |
| 63.1(b)(2) | Title V operating permit—see 40 CFR part 70 | Yes | All major affected sources are required to obtain a title V permit. |
| 63.1(b)(3) | Record of the applicability determination | No | All affected sources are subject to subpart MM according to the applicability definition of subpart MM. |
| 63.1(c)(1) | Applicability of subpart A of this part after a relevant standard has been set | Yes | Subpart MM clarifies the applicability of each paragraph of subpart A of this part to sources subject to subpart MM. |
| 63.1(c)(2) | Title V permit requirement | Yes | All major affected sources are required to obtain a title V permit. There are no area sources in the pulp and paper mill source category. |
| 63.1(c)(3) | [Reserved] | No | |
| 63.1(c)(4) | Requirements for existing source that obtains an extension of compliance | Yes | |
| 63.1(c)(5) | Notification requirements for an area source that increases HAP emissions to major source levels | Yes | |
| 63.1(d) | [Reserved] | No | |
| 63.1(e) | Applicability of permit program before a relevant standard has been set | Yes | |
| 63.2 | Definitions | Yes | Additional terms defined in §63.861; when overlap between subparts A and MM of this part occurs, subpart MM takes precedence. |
| 63.3 | Units and abbreviations | Yes | |
| 63.4 | Prohibited activities and circumvention | Yes | |
| 63.5(a) | Construction and reconstruction—applicability | Yes | |
| 63.5(b)(1) | Upon construction, relevant standards for new sources | Yes | |
| 63.5(b)(2) | [Reserved] | No | |
| 63.5(b)(3) | New construction/reconstruction | Yes | |
| 63.5(b)(4) | Construction/reconstruction notification | Yes | |
| 63.5(b)(5) | Construction/reconstruction compliance | Yes | |
| 63.5(b)(6) | Equipment addition or process change | Yes | |
| 63.5(c) | [Reserved] | No | |
| 63.5(d) | Application for approval of construction/reconstruction | Yes | |
| 63.5(e) | Construction/reconstruction approval | Yes | |
| 63.5(f) | Construction/reconstruction approval based on prior State preconstruction review | Yes | |
| 63.6(a)(1) | Compliance with standards and maintenance requirements—applicability | Yes | |
| 63.6(a)(2) | Requirements for area source that increases emissions to become major | Yes | |
| 63.6(b) | Compliance dates for new and reconstructed sources | Yes | |
| 63.6(c) | Compliance dates for existing sources | Yes, except for sources granted extensions under 63.863(c) | Subpart MM specifically stipulates the compliance schedule for existing sources. |
| 63.6(d) | [Reserved] | No | |
| 63.6(e)(1)(i) | General duty to minimize emissions | No | See §63.860(d) for general duty requirement. |
| 63.6(e)(1)(ii) | Requirement to correct malfunctions ASAP | No | |
| 63.6(e)(1)(iii) | Operation and maintenance requirements enforceable independent of emissions limitations | Yes | |
| 63.6(e)(2) | [Reserved] | No | |
| 63.6(e)(3) | Startup, shutdown, and malfunction plan (SSMP) | No | |
| 63.6(f)(1) | Compliance with nonopacity emissions standards except during SSM | No | |
| 63.6(f)(2)-(3) | Methods for determining compliance with nonopacity emissions standards | Yes | |
| 63.6(g) | Compliance with alternative nonopacity emissions standards | Yes | |
| 63.6(h)(1) | Compliance with opacity and visible emissions (VE) standards except during SSM | No | |
| 63.6(h)(2)-(9) | Compliance with opacity and VE standards | Yes | Subpart MM does not contain any opacity or VE standards; however, §63.864 specifies opacity monitoring requirements. |
| 63.6(i) | Extension of compliance with emissions standards | Yes | |
| 63.6(j) | Exemption from compliance with emissions standards | Yes | |
| 63.7(a)(1) | Performance testing requirements—applicability | Yes | |
| 63.7(a)(2) | Performance test dates | Yes | |
| 63.7(a)(3) | Performance test requests by Administrator under CAA section 114 | Yes | |
| 63.7(a)(4) | Notification of delay in performance testing due to force majeure | Yes | |
| 63.7(b)(1) | Notification of performance test | Yes | |
| 63.7(b)(2) | Notification of delay in conducting a scheduled performance test | Yes | |
| 63.7(c) | Quality assurance program | Yes | |
| 63.7(d) | Performance testing facilities | Yes | |
| 63.7(e)(1) | Conduct of performance tests | No | See §63.865. |
| 63.7(e)(2)-(3) | Conduct of performance tests | Yes | |
| 63.7(e)(4) | Testing under section 114 | Yes | |
| 63.7(f) | Use of an alternative test method | Yes | |
| 63.7(g) | Data analysis, recordkeeping, and reporting | Yes | |
| 63.7(h) | Waiver of performance tests | Yes | §63.865(c)(1) specifies the only exemption from performance testing allowed under subpart MM. |
| 63.8(a)(1) | Monitoring requirements—applicability | Yes | See §63.864. |
| 63.8(a)(2) | Performance Specifications | Yes | |
| 63.8(a)(3) | [Reserved] | No | |
| 63.8(a)(4) | Monitoring with flares | No | The use of flares to meet the standards in subpart MM is not anticipated. |
| 63.8(b)(1) | Conduct of monitoring | Yes | See §63.864. |
| 63.8(b)(2)-(3) | Specific requirements for installing and reporting on monitoring systems | Yes | |
| 63.8(c)(1) | Operation and maintenance of CMS | Yes | See §63.864. |
| 63.8(c)(1)(i) | General duty to minimize emissions and CMS operation | No | |
| 63.8(c)(1)(ii) | Reporting requirements for SSM when action not described in SSMP | Yes | |
| 63.8(c)(1)(iii) | Requirement to develop SSM plan for CMS | No | |
| 63.8(c)(2)-(3) | Monitoring system installation | Yes | |
| 63.8(c)(4) | CMS requirements | Yes | |
| 63.8(c)(5) | Continuous opacity monitoring system (COMS) minimum procedures | Yes | |
| 63.8(c)(6) | Zero and high level calibration check requirements | Yes | |
| 63.8(c)(7)-(8) | Out-of-control periods | Yes | |
| 63.8(d)(1)-(2) | CMS quality control program | Yes | See §63.864. |
| 63.8(d)(3) | Written procedures for CMS | No | See §63.864(f). |
| 63.8(e)(1) | Performance evaluation of CMS | Yes | |
| 63.8(e)(2) | Notification of performance evaluation | Yes | |
| 63.8(e)(3) | Submission of site-specific performance evaluation test plan | Yes | |
| 63.8(e)(4) | Conduct of performance evaluation and performance evaluation dates | Yes | |
| 63.8(e)(5) | Reporting performance evaluation results | Yes | |
| 63.8(f) | Use of an alternative monitoring method | Yes | |
| 63.8(g) | Reduction of monitoring data | Yes | |
| 63.9(a) | Notification requirements—applicability and general information | Yes | |
| 63.9(b) | Initial notifications | Yes | |
| 63.9(c) | Request for extension of compliance | Yes | |
| 63.9(d) | Notification that source subject to special compliance requirements | Yes | |
| 63.9(e) | Notification of performance test | Yes | |
| 63.9(f) | Notification of opacity and VE observations | Yes | Subpart MM does not contain any opacity or VE standards; however, §63.864 specifies opacity monitoring requirements. |
| 63.9(g)(1) | Additional notification requirements for sources with CMS | Yes | |
| 63.9(g)(2) | Notification of compliance with opacity emissions standard | Yes | Subpart MM does not contain any opacity or VE emissions standards; however, §63.864 specifies opacity monitoring requirements. |
| 63.9(g)(3) | Notification that criterion to continue use of alternative to relative accuracy testing has been exceeded | Yes | |
| 63.9(h) | Notification of compliance status | Yes | |
| 63.9(i) | Adjustment to time periods or postmark deadlines for submittal and review of required communications | Yes | |
| 63.9(j) | Change in information already provided | Yes | |
| 63.10(a) | Recordkeeping requirements—applicability and general information | Yes | See §63.866. |
| 63.10(b)(1) | Records retention | Yes | |
| 63.10(b)(2)(i) | Recordkeeping of occurrence and duration of startups and shutdowns | No | |
| 63.10(b)(2)(ii) | Recordkeeping of failures to meet a standard | No | See §63.866(d) 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) | Maintenance records | Yes | |
| 63.10(b)(2)(iv)-(v) | Actions taken to minimize emissions during SSM | No | |
| 63.10(b)(2)(vi) | Recordkeeping for CMS malfunctions | Yes | |
| 63.10(b)(2)(vii)-(xiv) | Other CMS requirements | Yes | |
| 63.10(b)(3) | Records retention for sources not subject to relevant standard | Yes | Applicability requirements are given in §63.860. |
| 63.10(c)(1)-(14) | Additional recordkeeping requirements for sources with CMS | Yes | |
| 63.10(c)(15) | Use of SSM plan | No | |
| 63.10(d)(1) | General reporting requirements | Yes | |
| 63.10(d)(2) | Reporting results of performance tests | Yes | |
| 63.10(d)(3) | Reporting results of opacity or VE observations | Yes | Subpart MM does not include any opacity or VE standards; however, §63.864 specifies opacity monitoring requirements. |
| 63.10(d)(4) | Progress reports | Yes | |
| 63.10(d)(5)(i) | Periodic startup, shutdown, and malfunction reports | No | See §63.867(c)(3) for malfunction reporting requirements. |
| 63.10(d)(5)(ii) | Immediate startup, shutdown, and malfunction reports | No | See §63.867(c)(3) for malfunction reporting requirements. |
| 63.10(e)(1) | Additional reporting requirements for sources with CMS—General | Yes | |
| 63.10(e)(2) | Reporting results of CMS performance evaluations | Yes | |
| 63.10(e)(3)(i)-(iv) | Requirement to submit excess emissions and CMS performance report and/or summary report and frequency of reporting | No | §63.867(c)(1) and (3) require submittal of the excess emissions and CMS performance report and/or summary report on a semiannual basis. |
| 63.10(e)(3)(v) | General content and submittal dates for excess emissions and monitoring system performance reports | Yes | |
| 63.10(e)(3)(vi) | Specific summary report content | No | §63.867(c)(1) specifies the summary report content. |
| 63.10(e)(3)(vii)-(viii) | Conditions for submitting summary report versus detailed excess emission report | No | §63.867(c)(1) and (3) specify the conditions for submitting the summary report or detailed excess emissions and CMS performance report. |
| 63.10(e)(4) | Reporting continuous opacity monitoring system data produced during a performance test | Yes | |
| 63.10(f) | Waiver of recordkeeping and reporting requirements | Yes | |
| 63.11 | Control device requirements for flares | No | The use of flares to meet the standards in subpart MM is not anticipated. |
| 63.12 | State authority and delegations | Yes | |
| 63.13 | Addresses of State air pollution control agencies and EPA Regional Offices | Yes | |
| 63.14 | Incorporations by reference | Yes | |
| 63.15 | Availability of information and confidentiality | Yes | |
| 63.16 | Requirements for Performance Track member facilities | Yes |
[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 82 FR 47353, Oct. 11, 2017]
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