40 CFR Table 2
Applicability of General Provisions to Subpart SSSS
June 9, 2020
You must comply with the applicable General Provisions requirements according to the following table:
Open Table
| General provisions reference | Subject | Applicable to subpart SSSS | Explanation |
|---|---|---|---|
| §63.1(a)(1)-(4) | General Applicability | Yes | |
| §63.1(a)(6) | Source Category Listing | Yes | |
| §63.1(a)(10)-(12) | Timing and Overlap Clarifications | Yes | |
| §63.1(b)(1) | Initial Applicability Determination | Yes | Applicability to Subpart SSSS is also specified in §63.5090. |
| §63.1(b)(3) | Applicability Determination Recordkeeping | Yes | |
| §63.1(c)(1) | Applicability after Standard Established | Yes | |
| §63.1(c)(2) | Applicability of Permit Program for Area Sources | Yes | |
| §63.1(c)(5) | Extensions and Notifications | Yes | |
| §63.1(e) | Applicability of Permit Program Before Relevant Standard is Set | Yes | |
| §63.2 | Definitions | Yes | Additional definitions are specified in §63.5110. |
| §63.3 | Units and Abbreviations | Yes | |
| §63.4(a)(1)-(2) | Prohibited Activities | Yes | |
| §63.4(b)-(c) | Circumvention/Fragmentation | Yes | |
| §63.5(a) | Construction/Reconstruction | Yes | |
| §63.5(b)(1), (3), (4), (6) | Requirements for Existing, Newly Constructed, and Reconstructed Sources | Yes | |
| §63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) | Application for Approval of Construction/Reconstruction | Yes | Only total HAP emissions in terms of tons per year are required for §63.5(d)(1)(ii)(H). |
| §63.5(e) | Approval of Construction/Reconstruction | Yes | |
| §63.5(f) | Approval of Construction/Reconstruction Based on Prior State Review | Yes | |
| §63.6(a) | Compliance with Standards and Maintenance Requirements-Applicability | Yes | |
| §63.6(b)(1)-(5), (b)(7) | Compliance Dates for New and Reconstructed Sources | Yes | Section 63.5130 specifies the compliance dates. |
| §63.6(c)(1), (2), (5) | Compliance Dates for Existing Sources | Yes | Section 63.5130 specifies the compliance dates. |
| §63.6(e)(1)(i)-(ii) | General Duty to Minimize Emissions and Requirement to Correct Malfunctions As Soon As Possible | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5140(b) for general duty requirement. |
| §63.6(e)(1)(iii) | Operation and Maintenance Requirements | Yes | |
| §63.6(e)(3)(i), (e)(3)(iii)-(ix) | SSMP Requirements | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.6(f)(1) | SSM Exemption | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5140(b) for general duty requirement. |
| §63.6(f)(2)-(3) | Compliance with Non-Opacity Emission Standards | Yes | |
| §63.6(g) | Alternative Non-Opacity Emission Standard | Yes | |
| §63.6(h) | Compliance with Opacity/Visible Emission Standards | No | Subpart SSSS does not establish opacity standards or visible emission standards. |
| §63.6(i)(1)-(14), (i)(16) | Extension of Compliance and Administrator's Authority | Yes | |
| §63.6(j) | Presidential Compliance Exemption | Yes | |
| §63.7(a)-(d) except (a)(2)(i)-(viii) | Performance Test Requirements | Yes | |
| §63.7(e)(1) | Performance Testing | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5160(d)(2). |
| §63.7(e)(2)-(4) | Conduct of Performance Tests | Yes | |
| §63.7(f) | Alternative Test Method | Yes | EPA retains approval authority. |
| §63.7(g)-(h) | Data Analysis and Waiver of Tests | Yes | |
| §63.8(a)(1)-(2) | Monitoring Requirements—Applicability | Yes | Additional requirements for monitoring are specified in §63.5150(a). |
| §63.8(a)(4) | Additional Monitoring Requirements | No | Subpart SSSS does not have monitoring requirements for flares. |
| §63.8(b) | Conduct of Monitoring | Yes | |
| §63.8(c)(1) | Operation and Maintenance of Continuous Monitoring System (CMS) | Yes before August 24, 2020, No on and after August 24, 2020 | Section 63.5150(a) specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. |
| §63.8(c)(2)-(3) | CMS Operation and Maintenance | Yes | Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in §63.5170. |
| §63.8(c)(4)-(5) | CMS Continuous Operation Procedures | No | Subpart SSSS does not require COMS. |
| §63.8(c)(6)-(8) | CMS Requirements | Yes | Provisions only apply if CEMS are used. |
| §63.8(d)-(e) | CMS Quality Control, Written Procedures, and Performance Evaluation | Yes | Provisions only apply if CEMS are used. |
| §63.8(f)(1)-(5) | Use of an Alternative Monitoring Method | Yes | EPA retains approval authority. |
| §63.8(f)(6) | Alternative to Relative Accuracy Test | No | Section 63.8(f)(6) provisions are not applicable because subpart SSSS does not require CEMS. |
| §63.8(g) | Data Reduction | No | Sections 63.5170, 63.5140, 63.5150, and 63.5150 specify monitoring data reduction. |
| §63.9(a) | Notification of Applicability | Yes | |
| §63.9(b)(1) | Initial Notifications | Yes | |
| §63.9(b)(2) | Initial Notifications | Yes | With the exception that §63.5180(b)(1) provides 2 years after the proposal date for submittal of the initial notification for existing sources. |
| §63.9(b)(4)(i), (b)(4)(v), (b)(5) | Application for Approval of Construction or Reconstruction | Yes | |
| §63.9(c)-(e) | Request for Extension of Compliance, New Source Notification for Special Compliance Requirements, and Notification of Performance Test | Yes | Notification of performance test requirement applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. |
| §63.9(f) | Notification of Visible Emissions/Opacity Test | No | Subpart SSSS does not require opacity and visible emissions observations. |
| §63.9(g) | Additional Notifications When Using CMS | No | Provisions for COMS are not applicable. |
| §63.9(h)(1)-(3) | Notification of Compliance Status | Yes | Section 63.5130 specifies the dates for submitting the notification of compliance status. |
| §63.9(h)(5)-(6) | Clarifications | Yes | |
| §63.9(i) | Adjustment of Submittal Deadlines | Yes | |
| §63.9(j) | Change in Previous Information | Yes | |
| §63.10(a) | Recordkeeping/Reporting—Applicability and General Information | Yes | |
| §63.10(b)(1) | General Recordkeeping Requirements | Yes | Additional requirements are specified in §63.5190. |
| §63.10(b)(2)(i)-(ii) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Recordkeeping of Failures to Meet Standards | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5190(a)(5). |
| §63.10(b)(2)(iii) | Maintenance Records | Yes | |
| §63.10(b)(2)(iv)-(v) | Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5190(a)(5). |
| §63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.5190(a)(5). |
| §63.10(b)(2)(vii)-(xiv) | Other CMS Requirements | Yes | |
| §63.10(b)(3) | Recordkeeping Requirements for Applicability Determinations | Yes | |
| §63.10(c) | Additional CMS Recordkeeping Requirements | No | See §63.5190(a)(5). |
| §63.10(d)(1)-(2) | General Reporting Requirements and Report of Performance Test Results | Yes | Additional requirements are specified in §63.5180(e). |
| §63.10(d)(3) | Reporting Opacity or Visible Emissions Observations | No | Subpart SSSS does not require opacity and visible emissions observations. |
| §63.10(d)(4) | Progress Reports for Sources with Compliance Extensions | Yes | |
| §63.10(d)(5) | Startup, Shutdown, Malfunction Reports | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.10(e) | Additional Reporting Requirements for Sources with CMS | No | |
| §63.10(f) | Recordkeeping/Reporting Waiver | Yes | |
| §63.11 | Control Device Requirements/Flares | No | Subpart SSSS does not specify use of flares for compliance. |
| §63.12 | State Authority and Delegations | Yes | |
| §63.13(a) | Addresses | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.13(b) | Submittal to State Agencies | Yes | |
| §63.13(c) | Submittal to State Agencies | Yes before August 24, 2020, No unless the state requires the submittal via CEDRI, on and after August 24, 2020 | |
| §63.14 | Incorporation by Reference | Yes | Subpart SSSS includes provisions for alternative ASTM and ASME test methods that are incorporated by reference. |
| §63.15 | Availability of Information/Confidentiality | Yes |
[85 FR 10868, Feb. 25, 2020]
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