40 CFR Table 10
Applicability of General Provisions to Subpart JJJJJ
June 9, 2020
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:
Open Table
| Citation | Subject | Brief description | Applies to subpart JJJJJ? |
|---|---|---|---|
| §63.1 | Applicability | Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications | Yes. |
| §63.2 | Definitions | Definitions for part 63 standards | Yes. |
| §63.3 | Units and Abbreviations | Units and abbreviations for part 63 standards | Yes. |
| §63.4 | Prohibited Activities | Compliance date; circumvention; severability | Yes. |
| §63.5 | Construction/Reconstruction | Applicability; applications; approvals | Yes. |
| §63.6(a) | Applicability | General Provisions (GP) apply unless compliance extension; GP apply to area sources that become major | 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 section 112(f) | Yes. |
| §63.6(b)(5) | Notification | Must notify if commenced construction or reconstruction after proposal | Yes. |
| §63.6(b)(6) | [Reserved] | No. | |
| §63.6(b)(7) | Compliance Dates for New and Reconstructed Area Sources That Become Major | Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were area sources | Yes. |
| §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 section 112(f) standards, comply within 90 calendar days of effective date unless compliance extension | Yes. |
| §63.6(c)(3)-(4) | [Reserved] | No. | |
| §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. |
| §63.6(d) | [Reserved] | No. | |
| §63.6(e)(1)(i) | Operation & Maintenance | General Duty to minimize emissions | No. See §63.8420(b) for general duty requirement. |
| §63.6(e)(1)(ii) | Operation & Maintenance | Requirement to correct malfunctions ASAP | No. |
| §63.6(e)(1)(iii) | Operation & Maintenance | 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) | Requirement for startup, shutdown, and malfunction (SSM) and SSMP; content of SSMP | No. |
| §63.6(f)(1) | Compliance Except During SSM | You must comply with emission standards at all times except during SSM | No. |
| §63.6(f)(2)-(3) | Methods for Determining Compliance | Compliance based on performance test, operation and maintenance plans, records, inspection | Yes. |
| §63.6(g) | Alternative Standard | Procedures for getting an alternative standard | Yes. |
| §63.6(h) | Opacity/VE Standards | Requirements for opacity and VE standards | No, not applicable. |
| §63.6(i) | Compliance Extension | Procedures and criteria for Administrator to grant compliance extension | Yes. |
| §63.6(j) | Presidential Compliance Exemption | President may exempt source category | Yes. |
| §63.7(a)(1)-(2) | Performance Test Dates | Dates 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 rule | Yes. |
| §63.7(a)(3) | Section 114 Authority | Administrator may require a performance test under CAA section 114 at any time | Yes. |
| §63.7(a)(4) | Notification of Delay in Performance Testing Due To Force Majeure | Must notify Administrator of delay in performance testing due to force majeure | Yes. |
| §63.7(b)(1) | Notification of Performance Test | Must notify Administrator 60 calendar days before the test | Yes. |
| §63.7(b)(2) | Notification of Rescheduling | Must notify Administrator 5 calendar days before scheduled date of rescheduled date | Yes. |
| §63.7(c) | Quality Assurance(QA)/Test Plan | Requirements; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing | Yes. |
| §63.7(d) | Testing Facilities | Requirements for testing facilities | Yes. |
| §63.7(e)(1) | Conditions for Conducting Performance Tests | Cannot conduct performance tests during SSM; not a violation to exceed standard during SSM | No, §63.8445 specifies requirements. |
| §63.7(e)(2)-(3) | Conditions for Conducting Performance Tests | Must 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 used | Yes. |
| §63.7(e)(4) | Testing under Section 114 | Administrator's authority to require testing under section 114 of the Act | Yes. |
| §63.7(f) | Alternative Test Method | Procedures by which Administrator can grant approval to use an alternative test method | Yes. |
| §63.7(g) | Performance Test Data Analysis | Must include raw data in performance test report; must submit performance test data 60 calendar days after end of test with the notification of compliance status | Yes. |
| §63.7(h) | Waiver of Tests | Procedures for Administrator to waive performance test | Yes. |
| §63.8(a)(1) | Applicability of Monitoring Requirements | Subject to all monitoring requirements in subpart | Yes. |
| §63.8(a)(2) | Performance Specifications | Performance Specifications in appendix B of 40 CFR part 60 apply | Yes. |
| §63.8(a)(3) | [Reserved] | No. | |
| §63.8(a)(4) | Monitoring with Flares | Requirements for flares in §63.11 apply | No, not applicable. |
| §63.8(b)(1) | Monitoring | Must conduct monitoring according to standard unless Administrator approves alternative | Yes. |
| §63.8(b)(2)-(3) | Multiple Effluents and Multiple Monitoring Systems | Specific requirements for installing and reporting on monitoring systems | Yes. |
| §63.8(c)(1) | Monitoring System Operation and Maintenance | Maintenance consistent with good air pollution control practices | Yes. |
| §63.8(c)(1)(i) | Routine and Predictable SSM | Reporting requirements for SSM when action is described in SSMP | No. |
| §63.8(c)(1)(ii) | SSM not in SSMP | Reporting requirements for SSM when action is not described in SSMP | Yes. |
| §63.8(c)(1)(iii) | Compliance with Operation and Maintenance Requirements | How Administrator determines if source complying with operation and maintenance requirements | No. |
| §63.8(c)(2)-(3) | Monitoring System Installation | Must install to get representative emission and parameter measurements | Yes. |
| §63.8(c)(4) | CMS Requirements | Requirements for CMS | No, §63.8450 specifies requirements. |
| §63.8(c)(5) | Continuous Opacity Monitoring System (COMS) Minimum Procedures | COMS minimum procedures | No, not applicable. |
| §63.8(c)(6) | CMS Requirements | Zero and high level calibration check requirements | Yes. |
| §63.8(c)(7)-(8) | CMS Requirements | Out-of-control periods | Yes. |
| §63.8(d)(1) and (2) | CMS Quality Control | Requirements for CMS quality control | Yes. |
| §63.8(d)(3) | CMS Quality Control | Written procedures for CMS | No, §63.8425(b)(9) specifies requirements |
| §63.8(e) | CMS Performance Evaluation | Requirements for CMS performance evaluation | Yes. |
| §63.8(f)(1)-(5) | Alternative Monitoring Method | Procedures for Administrator to approve alternative monitoring | Yes. |
| §63.8(f)(6) | Alternative to Relative Accuracy Test | Procedures for Administrator to approve alternative relative accuracy test for continuous emissions monitoring systems (CEMS) | No, not applicable. |
| §63.8(g) | Data Reduction | COMS and CEMS data reduction requirements | No, not applicable. |
| §63.9(a) | Notification Requirements | Applicability; State delegation | Yes. |
| §63.9(b) | Initial Notifications | Requirements for initial notifications | |
| §63.9(c) | Request for Compliance Extension | Can request if cannot comply by date or if installed BACT/LAER | 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. |
| §63.9(e) | Notification of Performance Test | Notify Administrator 60 calendar days prior | Yes. |
| §63.9(f) | Notification of VE/Opacity Test | Notify Administrator 30 calendar days prior | No, not applicable. |
| §63.9(g)(1) | Additional Notifications When Using CMS | Notification of performance evaluation | Yes. |
| §63.9(g)(2)-(3) | Additional Notifications When Using CMS | Notification of COMS data use; notification that relative accuracy alternative criterion were exceeded | No, not applicable. |
| §63.9(h) | Notification of Compliance Status | Contents; submittal requirements | Yes. |
| §63.9(i) | Adjustment of Submittal Deadlines | Procedures for Administrator to approve change in when notifications must be submitted | Yes. |
| §63.9(j) | Change in Previous Information | Must submit within 15 calendar days after the change | Yes. |
| §63.10(a) | Recordkeeping/Reporting | Applicability; general information | Yes. |
| §63.10(b)(1) | General Recordkeeping Requirements | General requirements | Yes. |
| §63.10(b)(2)(i) | Records Related to SSM | Recordkeeping of occurrence and duration of startups and shutdowns | No. |
| §63.10(b)(2)(ii) | Records Related to SSM | Recordkeeping of failures to meet a standard | No. 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 SSM | Maintenance records | |
| §63.10(b)(2)(iv)-(v) | Records Related to SSM | Actions taken to minimize emissions during SSM | No. |
| §63.10(b)(2)(vi)-(xii) and (xiv) | CMS Records | Records when CMS is malfunctioning, inoperative or out-of-control | Yes. |
| §63.10(b)(2)(xiii) | Records | Records when using alternative to relative accuracy test | |
| §63.10(b)(3) | Records | Applicability Determinations | Yes. |
| §63.10(c)(1)-(15) | Records | Additional records for CMS | No, §§63.8425 and 63.8490 specify requirements |
| §63.10(d)(1) and (2) | General Reporting Requirements | Requirements for reporting; performance test results reporting | Yes. |
| §63.10(d)(3) | Reporting Opacity or VE Observations | Requirements for reporting opacity and VE | No, not applicable. |
| §63.10(d)(4) | Progress Reports | Must submit progress reports on schedule if under compliance extension | Yes. |
| §63.10(d)(5) | SSM Reports | Contents and submission. | No. See §63.8485(c)(9) for malfunction reporting requirements. |
| §63.10(e)(1)-(3) | Additional CMS Reports | Requirements for CMS reporting | No, §§63.8425 and 63.8485 specify requirements. |
| §63.10(e)(4) | Reporting COMS data | Requirements for reporting COMS data with performance test data | No, not applicable. |
| §63.10(f) | Waiver for Recordkeeping/Reporting | Procedures for Administrator to waive | Yes. |
| §63.11 | Flares | Requirement for flares | No, not applicable. |
| §63.12 | Delegation | State authority to enforce standards | |
| §63.13 | Addresses | Addresses for reports, notifications, requests | Yes. |
| §63.14 | Incorporation by Reference | Materials incorporated by reference | Yes. |
| §63.15 | Availability of Information | Information availability; confidential information | Yes. |
| §63.16 | Performance Track Provisions | Requirements for Performance Track member facilities | Yes. |
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