40 CFR Table 1
Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
June 9, 2020
Open Table
| General provisions reference | Applicable to subpart VVV | Explanation |
|---|---|---|
| §63.1 | Applicability. | |
| §63.1(a)(1) | Yes | Terms defined in the Clean Air Act. |
| §63.1(a)(2) | Yes | General applicability explanation. |
| §63.1(a)(3) | Yes | Cannot diminish a stricter NESHAP. |
| §63.1(a)(4) | Yes | Not repetitive. Doesn't apply to section 112(r). |
| §63.1(a)(5) | Yes | Section reserved. |
| §63.1(a)(6)-(8) | Yes | Contacts and authorities. |
| §63.1(a)(9) | Yes | Section reserved. |
| §63.1(a)(10) | Yes | Time period definition. |
| §63.1(a)(11) | Yes | Postmark explanation. |
| §63.1(a)(12)-(14) | Yes | Time period changes. Regulation conflict. Force and effect of subpart A. |
| §63.1(b)(1) | Yes | Initial applicability determination of subpart A. |
| §63.1(b)(2) | Yes | Section reserved. |
| §63.1(b)(3) | No | Subpart VVV specifies recordkeeping of records of applicability determination. |
| §63.1(c)(1) | Yes | Requires compliance with both subparts A and subpart VVV. |
| §63.1(c)(2)(i) | No | State options regarding title V permit. Unless required by the State, area sources subject to subpart VVV are exempted from permitting requirements. |
| §63.1(c)(2)(ii)-(iii) | No | State options regarding title V permit. |
| §63.1(c)(3) | Yes | Section reserved. |
| §63.1(c)(4) | Yes | Extension of compliance. |
| §63.1(c)(5) | No | Subpart VVV addresses area sources becoming major due to increase in emissions. |
| §63.1(d) | Yes | Section reserved. |
| §63.1(e) | Yes | Title V permit before a relevant standard is established. |
| §63.2 | Yes | Definitions. |
| §63.3 | Yes | Units and abbreviations. |
| §63.4 | Prohibited activities and circumvention. | |
| §63.4(a)(1)-(3) | Yes | Prohibits operation in violation of subpart A. |
| §63.4(a)(4) | Yes | Section reserved. |
| §63.4(a)(5) | Yes | Compliance dates. |
| §63.4(b) | Yes | Circumvention. |
| §63.4(c) | Yes | Severability. |
| §63.5 | Preconstruction review and notification requirements. | |
| §63.5(a)(1) | Yes | Construction and reconstruction. |
| §63.5(a)(2) | Yes | New source—effective dates. |
| §63.5(b)(1) | Yes | New sources subject to relevant standards. |
| §63.5(b)(2) | Yes | Section reserved. |
| §63.5(b)(3) | Yes | No new major sources without Administrator approval. |
| §63.5(b)(4) | Yes | New major source notification. |
| §63.5(b)(5) | Yes | New major sources must comply. |
| §63.5(b)(6) | Yes | New equipment added considered part of major source. |
| §63.5(c) | Yes | Section reserved. |
| §63.5(d)(1) | Yes | Implementation of section 112(I)(2)—application of approval of new source construction. |
| §63.5(d)(2) | Yes | Application for approval of construction for new sources listing and describing planned air pollution control system. |
| §63.5(d)(3) | Yes | Application for reconstruction. |
| §63.5(d)(4) | Yes | Administrator may request additional information. |
| §63.5(e) | Yes | Approval of reconstruction. |
| §63.5(f)(1) | Yes | Approval based on State review. |
| §63.5(f)(2) | Yes | Application deadline. |
| §63.6 | Compliance with standards and maintenance requirements. | |
| §63.6(a) | Yes | Applicability of compliance with standards and maintenance requirements. |
| §63.6(b) | Yes | Compliance dates for new and reconstructed sources. |
| §63.6(c) | Yes | Compliance dates for existing sources apply to existing Group 1 POTW treatment plants. |
| §63.6(d) | Yes | Section reserved. |
| §63.6(e) | Yes, except as noted below | Operation and maintenance requirements apply to new sources. |
| §63.6(e)(1)(i) | No | General duty; See §63.1583(d) and §63.1586(d) for general duty requirements. |
| §63.6(e)(1)(ii) | No | Requirement to correct malfunctions. |
| §63.6(e)(3) | No | SSM plans are not required for POTW. |
| §63.6(f) | Yes, except as noted below | Compliance with non-opacity emission standards applies to new sources. |
| §63.6(f)(1) | No | The POTW standards apply at all times. |
| §63.6(g) | Yes | Use of alternative non-opacity emission standards applies to new sources. |
| §63.6(h) | No | POTW treatment plants do not typically have visible emissions. |
| §63.6(i) | Yes | Extension of compliance with emission standards applies to new sources. |
| §63.6(j) | Yes | Presidential exemption from compliance with emission standards. |
| §63.7 | Performance testing requirements. | |
| §63.7(a) | Yes | Performance testing is required for new sources. |
| §63.7(b) | Yes | New sources must notify the Administrator of intention to conduct performance testing. |
| §63.7(c) | Yes | New sources must comply with quality assurance program requirements. |
| §63.7(d) | Yes | New sources must provide performance testing facilities at the request of the Administrator. |
| §63.7(e) | Yes, except as noted below | Requirements for conducting performance tests apply to new sources. |
| §63.7(e)(1) | No | The performance testing provisions of §63.694 for control devices are incorporated by reference into subpart DD of this part. |
| §63.7(f) | Yes | New sources may use an alternative test method. |
| §63.7(g) | Yes | Requirements for data analysis, recordkeeping, and reporting associated with performance testing apply to new sources. |
| §63.7(h) | Yes | New sources may request a waiver of performance tests. |
| §63.8 | Monitoring requirements. | |
| §63.8(a) | Yes | Applicability of monitoring requirements. |
| §63.8(b) | Yes | Monitoring shall be conducted by new sources. |
| §63.8(c) | Yes, except as noted below | New sources shall operate and maintain continuous monitoring systems (CMS). |
| §63.8(c)(1)(i) | No | See §63.1583(d) for general duty requirement with respect to minimizing emissions and continuous monitoring requirements. |
| §63.8(c)(1)(iii) | No | See the applicable CMS quality control requirements under §63.8(c) and (d). |
| §63.8(d) | Yes, except as noted below | New sources must develop and implement a CMS quality control program. |
| §63.8(d)(3) | No | The owner or operator must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, and make them available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator must keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision of the plan. The program of corrective action should be included in the plan required under §63.8(d)(2). |
| §63.8(e) | Yes | New sources may be required to conduct a performance evaluation of CMS. |
| §63.8(f) | Yes | New sources may use an alternative monitoring method. |
| §63.8(g) | Yes | Requirements for reduction of monitoring data. |
| §63.9 | Notification requirements. | |
| §63.9(a) | Yes | Applicability of notification requirements. |
| §63.9(b) | Yes, except as noted below | Initial notification due February 23, 2000 or 60 days after becoming subject to this subpart. |
| §63.9(c) | Yes | Request for extension of compliance with subpart VVV. |
| §63.9(d) | Yes | Notification that source is subject to special compliance requirements as specified in §63.6(b)(3) and (4). |
| §63.9(e) | Yes | Notification of performance test. |
| §63.9(f) | No | POTW treatment plants do not typically have visible emissions. |
| §63.9(g) | Yes | Additional notification requirements for sources with continuous emission monitoring systems. |
| §63.9(h) | Yes, except as noted | Notification of compliance status when the source becomes subject to subpart VVV. See exceptions in §63.1591(b). |
| §63.9(i) | Yes | Adjustments to time periods or postmark deadlines or submittal and review of required communications. |
| §63.9(j) | Yes | Change of information already provided to the Administrator. |
| §63.10 | Recordkeeping and reporting requirements. | |
| §63.10(a) | Yes | Applicability of notification and reporting requirements. |
| §63.10(b)(1)-(2) | Yes, except as noted below | General recordkeeping requirements. |
| §63.10(b)(2)(i) | No | Recordkeeping for occurrence and duration of startup and shutdown. |
| §63.10(b)(2)(ii) | No | Recordkeeping for failure to meet a standard, see §63.696. |
| §63.10(b)(2)(iii) | Yes | Maintenance records. |
| §63.10(b)(2)(iv) | No | Actions taken to minimize emissions during SSM. |
| §63.10(b)(2)(v) | No | Action taken to minimize emissions during SSM. |
| §63.10(b)(2)(vi) | Yes | Recordkeeping for CMS malfunctions. |
| §63.10(b)(2)(vii)-(ix) | Yes | Other CMS requirements. |
| §63.10(b)(3) | No | Recording requirement for applicability determination. |
| §63.10(c) | Yes, except as noted below | Additional recordkeeping requirements for sources with continuous monitoring systems. |
| §63.10(c)(7) | No | See §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. |
| §63.10(c)(8) | No | See §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. |
| §63.10(c)(15) | No | Use of SSM plan. |
| §63.10(d) | Yes, except as noted below | General reporting requirements. |
| §63.10(d)(5) | No | See §63.697(b) for malfunction reporting requirements. |
| §63.10(e) | Yes | Additional reporting requirements for sources with continuous monitoring systems. |
| §63.10(f) | Yes, except as noted | Waiver of recordkeeping and reporting requirements. Electronic reporting to the EPA cannot be waived. |
| §63.11 | Yes | Control device and equipment leak work practice requirements. |
| §63.11(a) and (b) | Yes | If a new source uses flares to comply with the requirements of subpart VVV, the requirements of §63.11 apply. |
| §63.11(c), (d) and (e) | Yes | Alternative work practice for equipment leaks. |
| §63.12 | Yes | State authority and designation. |
| §63.13 | Yes | Addresses of State air pollution control agencies and EPA Regional Offices. |
| §63.14 | Yes | Incorporation by reference. |
| §63.15 | Yes | Availability of information and confidentiality. |
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