40 CFR Table 1
General Provisions Applicable to Subpart EEE
June 9, 2020
Open Table
| Reference | Applies to subpart EEE | Explanation |
|---|---|---|
| 63.1 | Yes. | |
| 63.2 | Yes. | |
| 63.3 | Yes. | |
| 63.4 | Yes. | |
| 63.5 | Yes. | |
| 63.6(a), (b), (c), (d), and (e) | Yes. | |
| 63.6(f) | Yes | Except that the performance test requirements of Sec. 63.1207 apply instead of §63.6(f)(2)(iii)(B). |
| 63.6(g) and (h) | Yes. | |
| 63.6(i) | Yes | Section 63.1213 specifies that the compliance date may also be extended for inability to install necessary emission control equipment by the compliance date because of implementation of pollution prevention or waste minimization controls. |
| 63.6(j) | Yes. | |
| 63.7(a) | Yes | Except §63.1207(e)(3) allows you to petition the Administrator under §63.7(h) to provide an extension of time to conduct a performance test. |
| 63.7(b) | Yes | Except §63.1207(e) requires you to submit the site-specific test plan for approval at least one year before the comprehensive performance test is scheduled to begin. |
| 63.7(c) | Yes | Except §63.1207(e) requires you to submit the site-specific test plan (including the quality assurance provisions under §63.7(c)) for approval at least one year before the comprehensive performance test is scheduled to begin. |
| 63.7(d) | Yes. | |
| 63.7(e) | Yes | Except §63.1207 prescribes operations during performance testing and §63.1209 specifies operating limits that will be established during performance testing (such that testing is likely to be representative of the extreme range of normal performance). |
| 63.7(f) | Yes. | |
| 63.7(g) | Yes | Except §63.1207(j) requiring that you submit the results of the performance test (and the notification of compliance) within 90 days of completing the test, unless the Administrator grants a time extension, applies instead of §63.7(g)(1). |
| 63.7(h) | Yes | Except §63.1207(c)(2) allows data in lieu of the initial comprehensive performance test, and §63.1207(m) provides a waiver of certain performance tests. You must submit requests for these waivers with the site-specific test plan. |
| 63.8(a) and (b) | Yes. | |
| 63.8(c) | Yes | Except: (1) §63.1211(c) that requires you to install, calibrate, and operate CMS by the compliance date applies instead of §63.8(c)(3); and (2) the performance specifications for CO, HC, and O2 CEMS in subpart B, of this chapter requiring that the detectors measure the sample concentration at least once every 15 seconds for calculating an average emission level once every 60 seconds apply instead of §63.8(c)(4)(ii). |
| 63.8(d) | Yes. | |
| 63.8(e) | Yes | Except §63.1207(e) requiring you to submit the site-specific comprehensive performance test plan and the CMS performance evaluation test plan for approval at least one year prior to the planned test date applies instead of §§63.8(e)(2) and (3)(iii). |
| 63.8(f) and (g) | Yes. | |
| 63.9(a) | Yes. | |
| 63.9(b) | Yes | Note: Section 63.9(b)(1)(ii) pertains to notification requirements for area sources that become a major source, and §63.9(b)(2)(v) requires a major source determination. Although area sources are subject to all provisions of this subpart (Subpart EEE), these sections nonetheless apply because the major source determination may affect the applicability of part 63 standards or title V permit requirements to other sources (i.e., other than a hazardous waste combustor) of hazardous air pollutants at the facility. |
| 63.9(c) and (d) | Yes. | |
| 63.9(e) | Yes | Except §63.1207(e) which requires you to submit the comprehensive performance test plan for approval one year prior to the planned performance test date applies instead of §63.9(e). |
| 63.9(f) | Yes | Section 63.9(f) applies if you are allowed under §63.1209(a)(1)(v) to use visible determination of opacity for compliance in lieu of a COMS. |
| 63.9(g) | Yes | Except §63.9(g)(2) pertaining to COMS does not apply. |
| 63.9(h) | Yes | Except §63.1207(j) requiring you to submit the notification of compliance within 90 days of completing a performance test unless the Administrator grants a time extension applies instead of §63.9(h)(2)(iii). Note: Even though area sources are subject to this subpart, the major source determination required by §63.9(h)(2)(i)(E) is applicable to hazardous waste combustors for the reasons discussed above. |
| 63.9(i) and (j) | Yes. | |
| 63.10 | Yes | Except reports of performance test results required under §63.10(d)(2) may be submitted up to 90 days after completion of the test. |
| 63.11 | No. | |
| 63.12-63.15 | Yes. |
[67 FR 6994, Feb. 14, 2002]
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