40 CFR Table 2
Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH
June 9, 2020
As stated in §63.3001, you must comply with the applicable General Provisions requirements according to the following table:
Open Table
| Citation | Requirement | Applies to subpart HHHH | Explanation |
|---|---|---|---|
| §63.1(a)(1)-(4) | General Applicability | Yes. | |
| §63.1(a)(5) | No | [Reserved]. | |
| §63.1(a)(6)-(8) | Yes. | ||
| §63.1(a)(9) | No | [Reserved]. | |
| §63.1(a)(10)-(14) | Yes. | ||
| §63.1(b) | Initial Applicability Determination | Yes. | |
| §63.1(c)(1) | Applicability After Standard Established | Yes. | |
| §63.1(c)(2) | Yes | Some plants may be area sources. | |
| §63.1(c)(3) | No | [Reserved]. | |
| §63.1(c)(4)-(5) | Yes. | ||
| §63.1(d) | No | [Reserved]. | |
| §63.1(e) | Applicability of Permit Program | Yes. | |
| §63.2 | Definitions | Yes | Additional definitions in §63.3004. |
| §63.3 | Units and Abbreviations | Yes. | |
| §63.4(a)(1)-(3) | Prohibited Activities | Yes. | |
| §63.4(a)(4) | No | [Reserved]. | |
| §63.4(a)(5) | Yes. | ||
| §63.4(b)-(c) | Circumvention/Severability | Yes. | |
| §63.5(a) | Construction/Reconstruction | Yes. | |
| §63.5(b)(1) | Existing/Constructed/Reconstruction | Yes. | |
| §63.5(b)(2) | No | [Reserved]. | |
| §63.5(b)(3)-(6) | Yes. | ||
| §63.5(c) | No | [Reserved]. | |
| §63.5(d) | Application for Approval of Construction/Reconstruction | Yes. | |
| §63.5(e) | Approval of Construction/Reconstruction | Yes. | |
| §63.5(f) | Approval of Construction/Reconstruction Based on State Review | Yes. | |
| §63.6(a) | Compliance with Standards and Maintenance—Applicability | Yes. | |
| §63.6(b)(1)-(5) | New and Reconstructed Sources-Dates | Yes. | |
| §63.6(b)(6) | No | [Reserved]. | |
| §63.6(b)(7) | Yes. | ||
| §63.6(c)(1)-(2) | Existing Sources Dates | Yes | §63.2985 specifies dates. |
| §63.6(c)(3)-(4) | No | [Reserved]. | |
| §63.6(c)(5) | Yes. | ||
| §63.6(d) | No | [Reserved]. | |
| §63.6(e)(1)(i) | General Duty to Minimize Emissions | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See §63.2986(g) for general duty requirement. |
| §63.6(e)(1)(ii) | Requirement to Correct Malfunctions As Soon As Possible | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.6(e)(1)(iii) | Operation and Maintenance Requirements | Yes | §§63.2984 and 63.2987 specify additional requirements. |
| §63.6(e)(2) | No | [Reserved]. | |
| §63.6(e)(3) | SSM Plan Requirements | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.6(f)(1) | SSM Exemption | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.6(f)(2) and (3) | Compliance with Non-Opacity Emission Standards | Yes. | |
| §63.6(g) | Alternative Non-Opacity Emission Standard | Yes | EPA retains approval authority. |
| §63.6(h) | Compliance with Opacity/Visible Emissions Standards | No | Subpart HHHH does not specify opacity or visible emission standards. |
| §63.6(i)(1)-(14) | Extension of Compliance | Yes. | |
| §63.6(i)(15) | No | [Reserved]. | |
| §63.6(i)(16) | Yes. | ||
| §63.6(j) | Exemption from Compliance | Yes. | |
| §63.7(a) | Performance Test Requirements—Applicability and Dates | Yes. | |
| §63.7(b) | Notification of Performance Test | Yes. | |
| §63.7(c) | Quality Assurance Program/Test Plan | Yes. | |
| §63.7(d) | Testing Facilities | Yes. | |
| §63.7(e)(1) | Performance Testing | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See §63.2992(c). |
| §63.7(e)(2)-(4) | Conduct of Tests | Yes | §§63.2991-63.2994 specify additional requirements. |
| §63.7(f) | Alternative Test Method | Yes | EPA retains approval authority |
| §63.7(g) | Data Analysis | Yes. | |
| §63.7(h) | Waiver of Tests | Yes. | |
| §63.8(a)(1)-(2) | Monitoring Requirements—Applicability | Yes. | |
| §63.8(a)(3) | No | [Reserved]. | |
| §63.8(a)(4) | Yes. | ||
| §63.8(b) | Conduct of Monitoring | Yes. | |
| §63.8(c)(1)(i) | General Duty to Minimize Emissions and CMS Operation | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.8(c)(1)(ii) | Continuous Monitoring System (CMS) Operation and Maintenance | Yes. | |
| §63.8(c)(1)(iii) | Requirement to Develop SSM Plan for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.8(c)(2)-(4) | Yes. | ||
| §63.8(c)(5) | Continuous Opacity Monitoring System (COMS) Procedures | No | Subpart HHHH does not specify opacity or visible emission standards. |
| §63.8(c)(6)-(8) | Yes. | ||
| §63.8(d)(1) and (2) | Quality Control | Yes. | |
| §63.8(d)(3) | Written Procedures for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See §63.2994(a). |
| §63.8(e) | CMS Performance Evaluation | Yes. | |
| §63.8(f)(1)-(5) | Alternative Monitoring Method | Yes | EPA retains approval authority. |
| §63.8(f)(6) | Alternative to Relative Accuracy Test | No | Subpart HHHH does not require the use of continuous emissions monitoring systems (CEMS). |
| §63.8(g)(1) | Data Reduction | Yes. | |
| §63.8(g)(2) | Data Reduction | No | Subpart HHHH does not require the use of CEMS or COMS. |
| §63.8(g)(3)-(5) | Data Reduction | Yes. | |
| §63.9(a) | Notification Requirements—Applicability | Yes. | |
| §63.9(b) | Initial Notifications | Yes. | |
| §63.9(c) | Request for Compliance Extension | Yes. | |
| §63.9(d) | New Source Notification for Special Compliance Requirements | Yes. | |
| §63.9(e) | Notification of Performance Test | Yes. | |
| §63.9(f) | Notification of Visible Emissions/Opacity Test | No | Subpart HHHH does not specify opacity or visible emission standards. |
| §63.9(g)(1) | Additional CMS Notifications | Yes. | |
| §63.9(g)(2)-(3) | No | Subpart HHHH does not require the use of COMS or CEMS. | |
| §63.9(h)(1)-(3) | Notification of Compliance Status | Yes | §63.3000(b) specifies additional requirements. |
| §63.9(h)(4) | No | [Reserved]. | |
| §63.9(h)(5)-(6) | Yes. | ||
| §63.9(i) | Adjustment of Deadlines | Yes. | |
| §63.9(j) | Change in Previous Information | Yes. | |
| §63.10(a) | Recordkeeping/Reporting—Applicability | Yes. | |
| §63.10(b)(1) | General Recordkeeping Requirements | Yes | §63.2998 includes additional requirements. |
| §63.10(b)(2)(i) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.10(b)(2)(ii) | Recordkeeping of Failures to Meet a Standard | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See §63.2998(g) for recordkeeping requirements for an affected source that fails to meet an applicable standard. |
| §63.10(b)(2)(iii) | Maintenance Records | Yes. | |
| §63.10(b)(2)(iv) and (v) | Actions Taken to Minimize Emissions During SSM | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes. | |
| §63.10(b)(2)(vii)-(xiv) | Other CMS Requirements | Yes. | |
| §63.10(b)(3) | Recordkeeping requirement for applicability determinations | Yes. | |
| §63.10(c)(1) | Additional CMS Recordkeeping | Yes. | |
| §63.10(c)(2)-(4) | No | [Reserved]. | |
| §63.10(c)(5)-(8) | Yes. | ||
| §63.10(c)(9) | No | [Reserved]. | |
| §63.10(c)(10)-(14) | Yes. | ||
| §63.10(c)(15) | Use of SSM Plan | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | |
| §63.10(d)(1) | General Reporting Requirements | Yes | §63.3000 includes additional requirements. |
| §63.10(d)(2) | Performance Test Results | Yes | §63.3000 includes additional requirements. |
| §63.10(d)(3) | Opacity or Visible Emissions Observations | No | Subpart HHHH does not specify opacity or visible emission standards. |
| §63.10(d)(4) | Progress Reports Under Extension of Compliance | Yes. | |
| §63.10(d)(5) | SSM Reports | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See §63.3000(c) for malfunction reporting requirements. |
| §63.10(e)(1) | Additional CMS Reports—General | No | Subpart HHHH does not require CEMS. |
| §63.10(e)(2) | Reporting results of CMS performance evaluations. | Yes. | |
| §63.10(e)(3) | Excess Emission/CMS Performance Reports. | Yes. | |
| §63.10(e)(4) | COMS Data Reports | No | Subpart HHHH does not specify opacity or visible emission standards. |
| §63.10(f) | Recordkeeping/Reporting Waiver | Yes | EPA retains approval authority. |
| §63.11 | Control Device Requirements—Applicability. | No | Facilities subject to subpart HHHH do not use flares as control devices. |
| §63.12 | State Authority and Delegations | Yes. | |
| §63.13 | Addresses | Yes. | |
| §63.14 | Incorporation by Reference | Yes | See §63.14(b)(2) and (3) for applicability requirements. |
| §63.15 | Availability of Information/Confidentiality | Yes. |
[84 FR 6697, Feb. 28, 2019]
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