40 CFR Table 1
Applicability of NESHAP General Provisions to Subpart AAAA
June 9, 2020
As specified in this subpart, you must meet each requirement in the following table that applies to you. The owner or operator may begin complying with the provisions that apply no later than September 27, 2021, any time before that date.
Table 1 to Subpart AAAA of Part 63—Applicability of NESHAP General Provisions to Subpart AAAA
Open Table
| Part 63 citation | Description | Applicable to subpart AAAA before September 28, 2021 |
Applicable to subpart AAAA no later than September 27, 2021 |
Explanation |
|---|---|---|---|---|
| §63.1(a) | Applicability: General applicability of NESHAP in this part | Yes | Yes | |
| §63.1(b) | Applicability determination for stationary sources | Yes | Yes | |
| §63.1(c) | Applicability after a standard has been set | No1 | Yes | |
| §63.1(e) | Applicability of permit program before relevant standard is set | Yes | Yes | |
| §63.2 | Definitions | Yes | Yes | |
| §63.3 | Units and abbreviations | No1 | Yes | |
| §63.4 | Prohibited activities and circumvention | Yes | Yes | |
| §63.5(a) | Construction/reconstruction | No1 | Yes | |
| §63.5(b) | Requirements for existing, newly constructed, and reconstructed sources | Yes | Yes | |
| §63.5(d) | Application for approval of construction or reconstruction | No1 | Yes | |
| §63.5(e) and (f) | Approval of construction and reconstruction | No1 | Yes | |
| §63.6(a) | Compliance with standards and maintenance requirements—applicability | No1 | Yes | |
| §63.6(b) and (c) | Compliance dates for new, reconstructed, and existing sources | No1 | Yes | |
| §63.6(e)(1)(i)-(ii) | Operation and maintenance requirements | Yes | No | See §63.1955(c) for general duty requirements. |
| 63.6(e)(3)(i)-(ix) | SSM plan | Yes | No | |
| 63.6(f)(1) | Exemption of nonopacity emission standards during SSM | Yes | No | |
| §63.6(f)(2) and (3) | Compliance with nonopacity emission standards | Yes | Yes | |
| §63.6(g) | Use of an alternative nonopacity standard | No1 | Yes | |
| §63.6(h) | Compliance with opacity and visible emission standards | No1 | No | Subpart AAAA does not prescribe opacity or visible emission standards. |
| §63.6(i) | Extension of compliance with emission standards | No1 | Yes | |
| §63.6(j) | Exemption from compliance with emission standards | No1 | Yes | |
| §63.7 | Performance testing | No1 | Yes | |
| §63.7(e)(1) | Conditions for performing performance tests | No1 | No | 40 CFR 63.1959(f) specifies the conditions for performing performance tests. |
| §63.8(a) and (b) | Monitoring requirements—Applicability and conduct of monitoring | No1 | Yes | |
| §63.8(c)(1) | Operation and Maintenance of continuous emissions monitoring system | No1 | Yes | |
| §63.8(c)(1)(i) | Operation and Maintenance Requirements | No1 | No | Unnecessary due to the requirements of §63.8(c)(1) and the requirements for a quality control plan for monitoring equipment in §63.8(d)(2). |
| §63.8(c)(1)(ii) | Operation and Maintenance Requirements | No1 | No | |
| §63.8(c)(1)(iii) | SSM plan for monitors | No1 | No | |
| §63.8(c)(2)-(8) | Monitoring requirements | No1 | Yes | |
| §63.8(d)(1) | Quality control for monitors | No1 | Yes | |
| §63.8(d)(2) | Quality control for monitors | No1 | Yes | |
| §63.8(d)(3) | Quality control records | No1 | No | See §63.1983(c)(8). |
| §63.9(a), (c), and (d) | Notifications | No1 | Yes | |
| §63.9(b) | Initial notifications | No1 | Yes2 | |
| §63.9(e) | Notification of performance test | No1 | Yes2 | |
| §63.9(f) | Notification of visible emissions/opacity test | No1 | No | Subpart AAAA does not prescribe opacity or visible emission standards. |
| §63.9(g) | Notification when using CMS | No1 | Yes2 | |
| §63.9(h) | Notification of compliance status | No1 | Yes2 | |
| §63.9(i) | Adjustment of submittal deadlines | No1 | Yes | |
| §63.9(j) | Change in information already provided | No1 | Yes | |
| §63.10(a) | Recordkeeping and reporting—general | No1 | Yes | |
| §63.10(b)(1) | General recordkeeping | No1 | Yes | |
| §63.10(b)(2)(i) | Startup and shutdown records | Yes | No | See §63.1983(c)(6) for recordkeeping for periods of startup and shutdown. |
| §63.10(b)(2)(ii) | Recordkeeping of failures to meet a standard | Yes | No | See §63.1983(c)(6)-(7) for recordkeeping for any exceedance of a standard. |
| §63.10(b)(2)(iii) | Recordkeeping of maintenance on air pollution control equipment | Yes | Yes | |
| §63.10(b)(2)(iv)-(v) | Actions taken to minimize emissions during SSM | Yes | No | See §63.1983(c)(7) for recordkeeping of corrective actions to restore compliance. |
| §63.10(b)(vi) | Recordkeeping for CMS malfunctions | No1 | Yes | |
| §63.10(b)(vii)-(xiv) | Other Recordkeeping of compliance measurements | No1 | Yes | |
| §63.10(c) | Additional recordkeeping for sources with CMS | No1 | No | See §63.1983 for required CMS recordkeeping. |
| §63.10(d)(1) | General reporting | No1 | Yes | |
| §63.10(d)(2) | Reporting of performance test results | No1 | Yes | |
| §63.10(d)(3) | Reporting of visible emission observations | No1 | Yes | |
| §63.10(d)(4) | Progress reports for compliance date extensions | No1 | Yes | |
| §63.10(d)(5) | SSM reporting | Yes | No | All exceedances must be reported in the semi-annual report required by §63.1981(h). |
| §63.10(e) | Additional reporting for CMS systems | No1 | Yes | |
| §63.10(f) | Recordkeeping/reporting waiver | No1 | Yes | |
| §63.11 | Control device requirements/flares | No1 | Yes | §60.18 is required before September 27, 2021. However, §60.18 and 63.11 are equivalent. |
| §63.12(a) | State authority | Yes | Yes | |
| §63.12(b)-(c) | State delegations | No1 | Yes | |
| §63.13 | Addresses | No1 | Yes | |
| §63.14 | Incorporation by reference | No1 | Yes | |
| §63.15 | Availability of information and confidentiality | Yes | Yes |
1Before September 28, 2021, this subpart requires affected facilities to follow 40 CFR part 60, subpart WWW, which incorporates the General Provisions of 40 CFR part 60.
2If an owner or operator has complied with the requirements of this paragraph under either 40 CFR part 60, subpart WWW or subpart XXX, then additional notification is not required.
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