40 CFR Table 15
Applicability of General Provisions (Subpart A) to Subpart WWWW of Part 63
June 9, 2020
As specified in §63.5925, the parts of the General Provisions which apply to you are shown in the following table:
Open Table
| The general provisions reference . . . |
That addresses . . . | And applies to subpart WWWW of part 63 . . . | Subject to the following additional information . . . |
|---|---|---|---|
| §63.1(a)(1) | General applicability of the general provisions | Yes | Additional terms defined in subpart WWWW of part 63, when overlap between subparts A and WWWW of this part, subpart WWWW of part 63 takes precedence. |
| §63.1(a)(2) through (4) | General applicability of the general provisions | Yes | |
| §63.1(a)(5) | Reserved | No | |
| §63.1(a)(6) | General applicability of the general provisions | Yes | |
| §63.1(a)(7) through (9) | Reserved | No | |
| §63.1(a)(10) through (14) | General applicability of the general provisions | Yes | |
| §63.1(b)(1) | Initial applicability determination | Yes | Subpart WWWW of part 63 clarifies the applicability in §§63.5780 and 63.5785. |
| §63.1(b)(2) | Reserved | No | |
| §63.1(b)(3) | Record of the applicability determination | Yes | |
| §63.1(c)(1) | Applicability of this part after a relevant standard has been set under this part | Yes | Subpart WWWW of part 63 clarifies the applicability of each paragraph of subpart A to sources subject to subpart WWWW of part 63. |
| §63.1(c)(2) | Title V operating permit requirement | Yes | All major affected sources are required to obtain a title V operating permit. Area sources are not subject to subpart WWWW of part 63. |
| §63.1(c)(3) and (4) | Reserved | No | |
| §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 under this part | Yes | |
| §63.2 | Definitions | Yes | Subpart WWWW of part 63 defines terms in §63.5935. When overlap between subparts A and WWWW of part 63 occurs, you must comply with the subpart WWWW of part 63 definitions, which take precedence over the subpart A definitions. |
| §63.3 | Units and abbreviations | Yes | Other units and abbreviations used in subpart WWWW of part 63 are defined in subpart WWWW of part 63. |
| §63.4 | Prohibited activities and circumvention | Yes | §63.4(a)(3) through (5) is reserved and does not apply. |
| §63.5(a)(1) and (2) | Applicability of construction and reconstruction | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(b)(1) | Relevant standards for new sources upon construction | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(b)(2) | Reserved | No | |
| §63.5(b)(3) | New construction/reconstruction | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(b)(4) | Construction/reconstruction notification | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(b)(5) | Reserved | No | |
| §63.5(b)(6) | Equipment addition or process change | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(c) | Reserved | No | |
| §63.5(d)(1) | General application for approval of construction or reconstruction | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.5(d)(2) | Application for approval of construction | Yes | |
| §63.5(d)(3) | Application for approval of reconstruction | No | |
| §63.5(d)(4) | Additional information | Yes | |
| §63.5(e)(1) through (5) | Approval of construction or reconstruction | Yes | |
| §63.5(f)(1) and (2) | Approval of construction or reconstruction based on prior State preconstruction review | Yes | |
| §63.6(a)(1) | Applicability of compliance with standards and maintenance requirements | Yes | |
| §63.6(a)(2) | Applicability of area sources that increase HAP emissions to become major sources | Yes | |
| §63.6(b)(1) through (5) | Compliance dates for new and reconstructed sources | Yes | Subpart WWWW of part 63 clarifies compliance dates in §63.5800. |
| §63.6(b)(6) | Reserved | No | |
| §63.6(b)(7) | Compliance dates for new operations or equipment that cause an area source to become a major source | Yes | New operations at an existing facility are not subject to new source standards. |
| §63.6(c)(1) and (2) | Compliance dates for existing sources | Yes | Subpart WWWW of part 63 clarifies compliance dates in §63.5800. |
| §63.6(c)(3) and (4) | Reserved | No | |
| §63.6(c)(5) | Compliance dates for existing area sources that become major | Yes | Subpart WWWW of part 63 clarifies compliance dates in §63.5800. |
| §63.6(d) | Reserved | No | |
| §63.6(e)(1) | Operation and maintenance requirements | Yes | Except portions of §63.6(e)(1)(i) and (ii) specific to conditions during startup, shutdown, or malfunction. |
| §63.6(e)(3) | SSM plan and recordkeeping | No | |
| §63.6(f)(1) | Compliance except during periods of startup, shutdown, and malfunction | No | Subpart WWWW of part 63 requires compliance at all times. |
| §63.6(f)(2) and (3) | Methods for determining compliance | Yes | |
| §63.6(g)(1) through (3) | Alternative standard | Yes | |
| §63.6(h) | Opacity and visible emission Standards | No | Subpart WWWW of part 63 does not contain opacity or visible emission standards. |
| §63.6(i)(1) through (14) | Compliance extensions | Yes | |
| §63.6(i)(15) | Reserved | No | |
| §63.6(i)(16) | Compliance extensions | Yes | |
| §63.6(j) | Presidential compliance exemption | Yes | |
| §63.7(a)(1) | Applicability of performance testing requirements | Yes | |
| §63.7(a)(2) | Performance test dates | No | Subpart WWWW of part 63 initial compliance requirements are in §63.5840. |
| §63.7(a)(3) | CAA Section 114 authority | Yes | |
| §63.7(b)(1) | Notification of performance test | Yes | |
| §63.7(b)(2) | Notification rescheduled performance test | Yes | |
| §63.7(c) | Quality assurance program, including test plan | Yes | Except that the test plan must be submitted with the notification of the performance test. |
| §63.7(d) | Performance testing facilities | Yes | |
| §63.7(e) | Conditions for conducting performance tests | Yes | Performance test requirements are contained in §63.5850. Additional requirements for conducting performance tests for continuous lamination/casting are included in §63.5870. Conditions specific to operations during periods of startup, shutdown, and malfunction in §63.7(e)(1) do not apply. |
| §63.7(f) | Use of alternative test method | Yes | |
| §63.7(g) | Performance test data analysis, recordkeeping, and reporting | Yes | |
| §63.7(h) | Waiver of performance tests | Yes | |
| §63.8(a)(1) and (2) | Applicability of monitoring requirements | Yes | |
| §63.8(a)(3) | Reserved | No | |
| §63.8(a)(4) | Monitoring requirements when using flares | Yes | |
| §63.8(b)(1) | Conduct of monitoring exceptions | Yes | |
| §63.8(b)(2) and (3) | Multiple effluents and multiple monitoring systems | Yes | |
| §63.8(c)(1) | Compliance with CMS operation and maintenance requirements | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. Except references to SSM plans in §63.8(c)(1)(i) and (iii). |
| §63.8(c)(2) and (3) | Monitoring system installation | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(c)(4) | CMS requirements | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(c)(5) | Continuous Opacity Monitoring System (COMS) minimum procedures | No | Subpart WWWW of part 63 does not contain opacity standards. |
| §63.8(c)(6) through (8) | CMS calibration and periods CMS is out of control | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(d)(1)-(2) | CMS quality control program, including test plan and all previous versions | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(d)(3) | CMS quality control program, including test plan and all previous versions | Yes | Except references to SSM plans in §63.8(d)(3). |
| §63.8(e)(1) | Performance evaluation of CMS | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(e)(2) | Notification of performance evaluation | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(e)(3) and (4) | CMS requirements/alternatives | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(e)(5)(i) | Reporting performance evaluation results | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(e)(5)(ii) | Results of COMS performance evaluation | No | Subpart WWWW of part 63 does not contain opacity standards. |
| §63.8(f)(1) through (3) | Use of an alternative monitoring method | Yes | |
| §63.8(f)(4) | Request to use an alternative monitoring method | Yes | |
| §63.8(f)(5) | Approval of request to use an alternative monitoring method | Yes | |
| §63.8(f)(6) | Request for alternative to relative accuracy test and associated records | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.8(g)(1) through (5) | Data reduction | Yes | |
| §63.9(a)(1) through (4) | Notification requirements and general information | Yes | |
| §63.9(b)(1) | Initial notification applicability | Yes | |
| §63.9(b)(2) | Notification for affected source with initial startup before effective date of standard | Yes | |
| §63.9(b)(3) | Reserved | No | |
| §63.9(b)(4)(i) | Notification for a new or reconstructed major affected source with initial startup after effective date for which an application for approval of construction or reconstruction is required | Yes | |
| §63.9(b)(4)(ii) through (iv) | Reserved | No | |
| §63.9(b)(4)(v) | Notification for a new or reconstructed major affected source with initial startup after effective date for which an application for approval of construction or reconstruction is required | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.9(b)(5) | Notification that you are subject to this subpart for new or reconstructed affected source with initial startup after effective date and for which an application for approval of construction or reconstruction is not required | Yes | Existing facilities do not become reconstructed under subpart WWWW of part 63. |
| §63.9(c) | Request for compliance extension | Yes | |
| §63.9(d) | Notification of special compliance requirements for new source | Yes | |
| §63.9(e) | Notification of performance test | Yes | |
| §63.9(f) | Notification of opacity and visible emissions observations | No | Subpart WWWW of part 63 does not contain opacity or visible emission standards. |
| §63.9(g)(1) | Additional notification requirements for sources using CMS | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.9(g)(2) | Notification of compliance with opacity emission standard | No | Subpart WWWW of part 63 does not contain opacity emission standards. |
| §63.9(g)(3) | Notification that criterion to continue use of alternative to relative accuracy testing has been exceeded | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.9(h)(1) through (3) | Notification of compliance status | Yes | |
| §63.9(h)(4) | Reserved | No | |
| §63.9(h)(5) and (6) | Notification of compliance status | Yes | |
| §63.9(i) | Adjustment of submittal deadlines | Yes | |
| §63.9(j) | Change in information provided | Yes | |
| §63.10(a) | Applicability of recordkeeping and reporting | Yes | |
| §63.10(b)(1) | Records retention | Yes | |
| §63.10(b)(2)(i) through (v) | Records related to startup, shutdown, and malfunction | No | |
| §63.10(b)(2)(vi) through (xi) | CMS records, data on performance tests, CMS performance evaluations, measurements necessary to determine conditions of performance tests, and performance evaluations | Yes | |
| §63.10(b)(2)(xii) | Record of waiver of recordkeeping and reporting | Yes | |
| §63.10(b)(2)(xiii) | Record for alternative to the relative accuracy test | Yes | |
| §63.10(b)(2)(xiv) | Records supporting initial notification and notification of compliance status | Yes | |
| §63.10(b)(3) | Records for applicability determinations | Yes | |
| §63.10(c)(1) | CMS records | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.10(c)(2) through (4) | Reserved | No | |
| §63.10(c)(5) through (8) | CMS records | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.10(c)(9) | Reserved | No | |
| §63.10(c)(10) through (14) | CMS records | Yes | This section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit. |
| §63.10(c)(15) | CMS records | No | |
| §63.10(d)(1) | General reporting requirements | Yes | |
| §63.10(d)(2) | Report of performance test results | Yes | |
| §63.10(d)(3) | Reporting results of opacity or visible emission observations | No | Subpart WWWW of part 63 does not contain opacity or visible emission standards. |
| §63.10(d)(4) | Progress reports as part of extension of compliance | Yes | |
| §63.10(d)(5) | Startup, shutdown, and malfunction reports | No | |
| §63.10(e)(1) through (3) | Additional reporting requirements for CMS | Yes | This section applies if you have an add-on control device and elect to use a CEM to demonstrate continuous compliance with an emission limit. |
| §63.10(e)(4) | Reporting COMS data | No | Subpart WWWW of part 63 does not contain opacity standards. |
| §63.10(f) | Waiver for recordkeeping or reporting | Yes | |
| §63.11 | Control device requirements | Yes | Only applies if you elect to use a flare as a control device. |
| §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 |
[85 FR 15979, Mar. 20, 2020]
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