40 CFR Table 1 to Subpart N of Part 63
General Provisions Applicability to Subpart N
June 9, 2020
Open Table
| General provisions reference |
Applies to subpart N | Comment |
|---|---|---|
| 63.1(a)(1) | Yes | Additional terms defined in §63.341; when overlap between subparts A and N occurs, subpart N takes precedence. |
| 63.1(a)(2) | Yes | |
| 63.1(a)(3) | Yes | |
| 63.1(a)(4) | Yes | Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. |
| 63.1(a)(5) | No | [Reserved] |
| 63.1(a)(6) | Yes | |
| 63.1(a)(7)-(9) | No | [Reserved] |
| 63.1(a)(10) | Yes | |
| 63.1(a)(11) | Yes | §63.347(a) of subpart N also allows report submissions via fax and on electronic media. |
| 63.1(a)(12) | Yes | |
| 63.1(b)(1) | No | §63.340 of subpart N specifies applicability. |
| 63.1(b)(2) | No | [Reserved] |
| 63.1(b)(3) | No | This provision in subpart A is being deleted. Also, all affected area and major sources are subject to subpart N; there are no exemptions. |
| 63.1(c)(1) | Yes | Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. |
| 63.1(c)(2) | Yes | §63.340(e) of Subpart N exempts area sources from the obligation to obtain Title V operating permits. |
| 63.1(c)(3)-(4) | No | [Reserved] |
| 63.1(c)(5) | No | Subpart N clarifies that an area source that becomes a major source is subject to the requirements for major sources. |
| 63.1(e) | Yes | |
| 63.2 | Yes | Additional terms defined in §63.341; when overlap between subparts A and N occurs, subpart N takes precedence. |
| 63.3 | Yes | Other units used in subpart N are defined in that subpart. |
| 63.4(a)(1)-(2) | Yes | |
| 63.4(a)(3)-(5) | No | [Reserved] |
| 63.4(b)-(c) | Yes | |
| 63.5(a) | Yes | Except replace the term “source” and “stationary source” in §63.5(a) (1) and (2) of subpart A with “affected sources.” |
| 63.5(b)(1) | Yes | |
| 63.5(b)(2) | No | [Reserved] |
| 63.5(b)(3) | Yes | Applies only to major affected sources. |
| 63.5(b)(4) | No | Subpart N (§63.345) specifies requirements for the notification of construction or reconstruction for affected sources that are not major. |
| 63.5(b)(5) | No | [Reserved] |
| 63.5(b)(6) | Yes | |
| 63.5(c) | No | [Reserved] |
| 63.5(d)(1)(i) | No | §63.345(c)(5) of subpart N specifies when the application or notification shall be submitted. |
| 63.5(d)(1)(ii) | Yes | Applies to major affected sources that are new or reconstructed. |
| 63.5(d)(1)(iii) | Yes | Except information should be submitted with the Notification of Compliance Status required by §63.347(e) of subpart N. |
| 63.5(d)(2) | Yes | Applies to major affected sources that are new or reconstructed except: (1) replace “source” in §63.5(d)(2) of subpart A with “affected source”; and (2) actual control efficiencies are submitted with the Notification of Compliance Status required by §63.347(e). |
| 63.5(d)(3)-(4) | Yes | Applies to major affected sources that are new or reconstructed. |
| 63.5(e) | Yes | Applies to major affected sources that are new or reconstructed. |
| 63.5(f)(1) | Yes | Except replace “source” in §63.5(f)(1) of subpart A with “affected source.” |
| 63.5(f)(2) | No | New or reconstructed affected sources shall submit the request for approval of construction or reconstruction under §63.5(f) of subpart A by the deadline specified in §63.345(c)(5) of subpart N. |
| 63.6(a) | Yes | |
| 63.6(b)(1)-(2) | Yes | Except replace “source” in §63.6(b)(1)-(2) of part A with “affected source.” |
| 63.6(b)(3)-(4) | Yes | |
| 63.6(b)(5) | Yes | Except replace “source” in §63.6(b)(5) of subpart A with “affected source.” |
| 63.6(b)(7) | No | Provisions for new area sources that become major sources are contained in §63.343(a)(4) of subpart N. |
| 63.6(c)(1)-(2) | Yes | Except replace “source” in §63.6(c)(1)-(2) of subpart A with “affected source.” |
| 63.6(c)(3)-(4) | No | [Reserved] |
| 63.6(c)(5) | No | Compliance provisions for existing area sources that become major sources are contained in §63.343(a)(3) of subpart N. |
| 63.6(d) | No | [Reserved] |
| 63.6(e)(1)-(3) | No | §63.342(f) of subpart N contains work practice standards (operation and maintenance requirements) that override these provisions. |
| 63.6(f)(1) | No | §63.342(b) of subpart N specifies when the standards apply. |
| 63.6(f)(2)(i)-(ii) | Yes | |
| 63.6(f)(2)(iii) | No | §63.344(b) of subpart N specifies instances in which previous performance test results for existing sources are acceptable. |
| 63.6(f)(2)(iv) | Yes | |
| 63.6(f)(2)(v) | Yes | |
| 63.6(f)(3) | Yes | |
| 63.6(g) | Yes | |
| 63.6(h)(1) | No | SSM Exception |
| 63.6(h)(2) | No | Subpart N does not contain any opacity or visible emission standards. |
| 63.6(i)(1) | Yes | |
| 63.6(i)(2) | Yes | Except replace “source” in §63.6(i)(2)(i) and (ii) of subpart A with “affected source.” |
| 63.6(i)(3) | Yes | |
| 63.6(i)(4)(i) | No | §63.343(a)(6) of subpart N specifies the procedures for obtaining an extension of compliance and the date by which such requests must be submitted. |
| 63.6(i)(4)(ii) | Yes | |
| 63.6(i)(5) | Yes | |
| 63.6(i)(6)(i) | Yes | This paragraph only references “paragraph (i)(4) of this section” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.6(i)(6)(ii) | Yes | |
| 63.6(i)(7) | Yes | |
| 63.6(i)(8) | Yes | This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.6(i)(9) | Yes | This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” and “paragraphs (i)(4) and (i)(5) of this section” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.6(i)(10)(i)-(iv) | Yes | |
| 63.6(i)(10)(v)(A) | Yes | This paragraph only references “paragraph (i)(4)” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.6(i)(10)(v)(B) | Yes | |
| 63.6(i)(11) | Yes | |
| 63.6(i)(12)(i) | Yes | This paragraph only references “paragraph (i)(4)(i) or (i)(5) of this section” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.6(i)(12)(ii)-(iii) | Yes | |
| 63.6(i)(13) | Yes | |
| 63.6(i)(14) | Yes | |
| 63.6(i)(15) | No | [Reserved] |
| 63.6(i)(16) | Yes | |
| 63.6(j) | Yes | |
| 63.7(a)(1) | Yes | |
| 63.7(a)(2)(i)-(viii) | No | [Reserved] |
| 63.7(a)(2)(ix) | Yes | |
| 63.7(a)(3) | Yes | |
| 63.7(a)(4) | Yes | |
| 63.7(b)(1) | No | §63.347(d) of subpart N requires notification prior to the performance test. §63.344(a) of subpart N requires submission of a site-specific test plan upon request. |
| 63.7(b)(2) | Yes | |
| 63.7(c) | No | §63.344(a) of subpart N specifies what the test plan should contain, but does not require test plan approval or performance audit samples. |
| 63.7(d) | Yes | Except replace “source” in the first sentence of §63.7(d) of subpart A with “affected source.” |
| 63.7(e)(1) | No | See §63.344(a). Any cross reference to §63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to §63.344(a). |
| 63.7(e)(2)-(4) | Yes | Subpart N also contains test methods specific to affected sources covered by that subpart. |
| 63.7(f) | Yes | §63.344(c)(2) of subpart N identifies CARB Method 425 as acceptable under certain conditions. |
| 63.7(g)(1) | No | Subpart N identifies the items to be reported in the compliance test [§63.344(a)] and the timeframe for submitting the results [§63.347(f)]. |
| 63.7(g)(2) | No | [Reserved] |
| 63.7(g)(3) | Yes | |
| 63.7(h)(1)-(2) | Yes | |
| 63.7(h)(3)(i) | Yes | This paragraph only references “§63.6(i)” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
| 63.7(h)(3)(ii)-(iii) | Yes | |
| 63.7(h)(4)-(5) | Yes | |
| 63.8(a)(1) | Yes | |
| 63.8(a)(2) | No | Work practice standards are contained in §63.342(f) of subpart N. |
| 63.8(a)(3) | No | [Reserved] |
| 63.8(a)(4) | No | |
| 63.8(b)(1) | Yes | |
| 63.8(b)(2) | No | §63.344(d) of subpart N specifies the monitoring location when there are multiple sources. |
| 63.9(b)(3) | No | [Reserved] |
| 63.8(c)(1)(i) | No | Subpart N requires proper maintenance of monitoring devices expected to be used by sources subject to subpart N. |
| 63.8(c)(1)(ii) | No | §63.342(f)(3)(iv) of subpart N specifies reporting when the O&M plan is not followed. |
| 63.8(c)(1)(iii) | No | §63.343(f)(2) identifies the criteria for whether O&M procedures are acceptable. |
| 63.8(c)(2)-(3) | No | §63.344(d)(2) requires appropriate use of monitoring devices. |
| 63.8(c)(4)-(7) | No | |
| 63.8(d) | No | Maintenance of monitoring devices is required by §§63.342(f) and 63.344(d)(2) of subpart N. |
| 63.8(e) | No | There are no performance evaluation procedures for the monitoring devices expected to be used to comply with subpart N. |
| 63.8(f)(1) | Yes | |
| 63.8(f)(2) | No | Instances in which the Administrator may approve alternatives to the monitoring methods and procedures of subpart N are contained in §63.343(c)(8) of subpart N. |
| 63.8(f)(3) | Yes | |
| 63.8(f)(4) | Yes | |
| 63.8(f)(5) | Yes | |
| 63.8(f)(6) | No | Subpart N does not require the use of CEM's. |
| 63.8(g) | No | Monitoring data does not need to be reduced for reporting purposes because subpart N requires measurement once/day. |
| 63.9(a) | Yes | |
| 63.9(b)(1)(i)-(ii) | No | §63.343(a)(3) of subpart N requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources. |
| 63.9(b)(1)(iii) | No | §63.347(c)(2) of subpart N specifies initial notification requirements for new or reconstructed affected sources. |
| 63.9(b)(2) | No | §63.347(c)(1) of subpart N specifies the information to be contained in the initial notification. |
| 63.9(b)(3) | No | §63.347(c)(2) of subpart N specifies notification requirements for new or reconstructed sources that are not major affected sources. |
| 63.9(b)(4) | No | |
| 63.9(b)(5) | No | |
| 63.9(c) | Yes | This paragraph only references “§63.6(i)(4) through §63.6(i)(6)” for compliance extension provisions. But, §63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. Subpart N provides a different timeframe for submitting the request than §63.6(i)(4). |
| 63.9(d) | Yes | This paragraph only references “the notification dates established in paragraph (g) of this section.” But, §63.347 of subpart N also contains notification dates. |
| 63.9(e) | No | Notification of performance test is required by §63.347(d) of subpart N. |
| 63.9(f) | No | |
| 63.9(g) | No | Subpart N does not require a performance evaluation or relative accuracy test for monitoring devices. |
| 63.9(h)(1)-(3) | No | §63.347(e) of subpart N specifies information to be contained in the notification of compliance status and the timeframe for submitting this information. |
| 63.9(h)(4) | No | [Reserved] |
| 63.9(h)(5) | No | Similar language has been incorporated into §63.347(e)(2)(iii) of subpart N. |
| 63.9(h)(6) | Yes | |
| 63.9(i) | Yes | |
| 63.9(j) | Yes | |
| 63.10(a) | Yes | |
| 63.10(b)(1) | Yes | |
| 63.10(b)(2) | No | §63.346(b) of subpart N specifies the records that must be maintained. |
| 63.10(b)(3) | No | Subpart N applies to major and area sources. |
| 63.10(c) | No | Applicable requirements of §63.10(c) have been incorporated into §63.346(b) of subpart N. |
| 63.10(d)(1) | Yes | |
| 63.10(d)(2) | No | §63.347(f) of subpart N specifies the timeframe for reporting performance test results. |
| 63.10(d)(3) | No | Subpart N does not contain opacity or visible emissions standards. |
| 63.10(d)(4) | Yes | |
| 63.10(d)(5) | No | §63.342(f)(3)(iv) and §63.347(g)(3) of subpart N specify reporting associated with malfunctions. |
| 63.10(e) | No | §63.347(g) and (h) of subpart N specify the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of §63.10(e) have been incorporated into §63.347(g) and (h). |
| 63.10(f) | Yes | |
| 63.11 | No | Flares will not be used to comply with the emission limits. |
| 63.12-63.15 | Yes |
[60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 70 FR 75345, Dec. 19, 2005; 77 FR 58248, Sept. 19, 2012]
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