40 CFR Table 44
Applicability of NESHAP General Provisions to Subpart UUU
June 9, 2020
As stated in §63.1577, you shall meet each requirement in the following table that applies to you.
Open Table
| Citation | Subject | Applies to subpart UUU | Explanation |
|---|---|---|---|
| §63.1(a)(1)-(4) | General Applicability | Yes | |
| §63.1(a)(5) | [Reserved] | Not applicable | |
| §63.1(a)(6) | Yes | Except the correct mail drop (MD) number is C404-04. | |
| §63.1(a)(7)-(9) | [Reserved] | Not applicable | |
| §63.1(a)(10)-(12) | Yes | Except that this subpart specifies calendar or operating day. | |
| §63.1(b)(1) | Initial Applicability Determination for this part | Yes | |
| §63.1(b)(2) | [Reserved] | Not applicable | |
| §63.1(b)(3) | Yes | ||
| §63.1(c)(1) | Applicability of this part after a Relevant Standard has been set under this part | Yes | |
| §63.1(c)(2) | No | Area sources are not subject to this subpart. | |
| §63.1(c)(3)-(4) | [Reserved] | Not applicable | |
| §63.1(c)(5) | Yes | ||
| §63.1(d) | [Reserved] | Not applicable | |
| §63.1(e) | Applicability of Permit Program | Yes | |
| §63.2 | Definitions | Yes | §63.1579 specifies that if the same term is defined in subparts A and UUU of this part, it shall have the meaning given in this subpart. |
| §63.3 | Units and Abbreviations | Yes | |
| §63.4(a)(1)-(2) | Prohibited Activities | Yes | |
| §63.4(a)(3)-(5) | [Reserved] | Not applicable | |
| §63.4(b)-(c) | Circumvention and Fragmentation | Yes | |
| §63.5(a) | Construction and Reconstruction | Yes | |
| §63.5(b)(1) | Yes | ||
| §63.5(b)(2) | [Reserved] | Not applicable | |
| §63.5(b)(3)-(4) | Yes | In §63.5(b)(4), replace the reference to §63.9(b) with §63.9(b)(4) and (5). | |
| §63.5(b)(5) | [Reserved] | Not applicable | |
| §63.5(b)(6) | Yes | ||
| §63.5(c) | [Reserved] | Not applicable | |
| §63.5(d)(1)(i) | Application for Approval of Construction or Reconstruction—General Application Requirements | Yes | Except this subpart specifies the application is submitted as soon as practicable before startup but not later than 90 days after the promulgation date if construction or reconstruction had commenced and initial startup had not occurred before promulgation. |
| §63.5(d)(1)(ii) | Yes | Except that emission estimates specified in §63.5(d)(1)(ii)(H) are not required, and §63.5(d)(1)(ii)(G) and (I) are Reserved and do not apply. | |
| §63.5(d)(1)(iii) | No | This subpart specifies submission of notification of compliance status. | |
| §63.5(d)(2) | Yes | ||
| §63.5(d)(3) | Yes | ||
| §63.5(d)(4) | Yes | ||
| §63.5(e) | Approval of Construction or Reconstruction | Yes | |
| §63.5(f)(1) | Approval of Construction or Reconstruction Based on State Review | Yes | |
| §63.5(f)(2) | Yes | Except that the cross-reference to §63.9(b)(2) does not apply. | |
| §63.6(a) | Compliance with Standards and Maintenance—Applicability | Yes | |
| §63.6(b)(1)-(4) | Compliance Dates for New and Reconstructed Sources | Yes | |
| §63.6(b)(5) | Yes | Except that this subpart specifies different compliance dates for sources. | |
| §63.6(b)(6) | [Reserved] | Not applicable | |
| §63.6(b)(7) | Compliance Dates for New and Reconstructed Area Sources That Become Major | Yes | |
| §63.6(c)(1)-(2) | Compliance Dates for Existing Sources | Yes | Except that this subpart specifies different compliance dates for sources subject to Tier II gasoline sulfur control requirements. |
| §63.6(c)(3)-(4) | [Reserved] | Not applicable | |
| §63.6(c)(5) | Compliance Dates for Existing Area Sources That Become Major | Yes | |
| §63.6(d) | [Reserved] | Not applicable | |
| §63.6(e)(1)(i) | General Duty to Minimize Emissions | No | See §63.1570(c) for general duty requirement. |
| §63.6(e)(1)(ii) | Requirement to Correct Malfunctions as Soon as Possible | No | |
| §63.6(e)(1)(iii) | Compliance with Standards and Maintenance Requirements | Yes | |
| §63.6(e)(2) | [Reserved] | Not Applicable | |
| §63.6(e)(3)(i) | Startup, Shutdown, and Malfunction Plan Requirements | No | |
| §63.6(e)(3)(ii) | [Reserved] | Not applicable | |
| §63.6(e)(3)(iii)-(ix) | No | ||
| §63.6(f)(1) | SSM Exemption | No | |
| §63.6(f)(2)(i)-(iii)(C) | Compliance with Standards and Maintenance Requirements | Yes | |
| §63.6(f)(2)(iii)(D) | Yes | ||
| §63.6(f)(2)(iv)-(v) | Yes | ||
| §63.6(f)(3) | Yes | Except the cross-references to §63.6(f)(1) and (e)(1)(i) are changed to §63.1570(c) and this subpart specifies how and when the performance test results are reported. | |
| §63.6(g) | Alternative Standard | Yes | |
| §63.6(h)(1) | SSM Exemption for Opacity/VE Standards | No | |
| §63.6(h)(2)(i) | Determining Compliance with Opacity/VE Standards | No | This subpart specifies methods. |
| §63.6(h)(2)(ii) | [Reserved] | Not applicable | |
| §63.6(h)(2)(iii) | Yes | ||
| §63.6(h)(3) | [Reserved] | Not applicable | |
| §63.6(h)(4) | Notification of Opacity/VE Observation Date | Yes | Applies to Method 22 (40 CFR part 60, appendix A-7) tests. |
| §63.6(h)(5) | Conducting Opacity/VE Observations | No | |
| §63.6(h)(6) | Records of Conditions During Opacity/VE Observations | Yes | Applies to Method 22 (40 CFR part 60, appendix A-7) observations. |
| §63.6(h)(7)(i) | Report COM Monitoring Data from Performance Test | Yes | Except this subpart specifies how and when the performance test results are reported. |
| §63.6(h)(7)(ii) | Using COM Instead of Method 9 | No | |
| §63.6(h)(7)(iii) | Averaging Time for COM during Performance Test | Yes | |
| §63.6(h)(7)(iv) | COM Requirements | Yes | |
| §63.6(h)(7)(v) | COMS Results and Visual Observations | Yes | |
| §63.6(h)(8) | Determining Compliance with Opacity/VE Standards | Yes | Except this subpart specifies how and when the performance test results are reported. |
| §63.6(h)(9) | Adjusted Opacity Standard | Yes | |
| §63.6(i)(1)-(14) | Extension of Compliance | Yes | Extension of compliance under §63.6(i)(4) not applicable to a facility that installs catalytic cracking feed hydrotreating and receives an extended compliance date under §63.1563(c). |
| §63.6(i)(15) | [Reserved] | Not applicable | |
| §63.6(i)(16) | Yes | ||
| §63.6(j) | Presidential Compliance Exemption | Yes | |
| §63.7(a)(1) | Performance Test Requirements Applicability | Yes | Except that this subpart specifies the applicable test and demonstration procedures. |
| §63.7(a)(2) | Performance Test Dates | Yes | Except this subpart specifies that the results of initial performance tests must be submitted within 150 days after the compliance date. |
| §63.7(a)(3) | Section 114 Authority | Yes | |
| §63.7(a)(4) | Force Majeure | Yes | |
| §63.7(b) | Notifications | Yes | Except that this subpart specifies notification at least 30 days prior to the scheduled test date rather than 60 days. |
| §63.7(c) | Quality Assurance Program/Site-Specific Test Plan | Yes | Except that when this subpart specifies to use 40 CFR part 60, appendix F, out of control periods are to be defined as specified in part 60, appendix F. |
| §63.7(d) | Performance Test Facilities | Yes | |
| §63.7(e)(1) | Performance Testing | No | See §63.1571(b)(1). |
| §63.7(e)(2)-(4) | Conduct of Tests | Yes | |
| §63.7(f) | Alternative Test Method | Yes | |
| §63.7(g) | Data Analysis, Recordkeeping, Reporting | Yes | Except this subpart specifies how and when the performance test or performance evaluation results are reported and §63.7(g)(2) is reserved and does not apply. |
| §63.7(h) | Waiver of Tests | Yes | |
| §63.8(a)(1) | Monitoring Requirements-Applicability | Yes | |
| §63.8(a)(2) | Performance Specifications | Yes | |
| §63.8(a)(3) | [Reserved] | Not applicable | |
| §63.8(a)(4) | Monitoring with Flares | Yes | Except that for a flare complying with §63.670, the cross-reference to §63.11 in this paragraph does not include §63.11(b). |
| §63.8(b)(1) | Conduct of Monitoring | Yes | |
| §63.8(b)(2)-(3) | Multiple Effluents and Multiple Monitoring Systems | Yes | This subpart specifies the required monitoring locations. |
| §63.8(c)(1) | Monitoring System Operation and Maintenance | Yes | |
| §63.8(c)(1)(i) | General Duty to Minimize Emissions and CMS Operation | No | See §63.1570(c). |
| §63.8(c)(1)(ii) | Keep Necessary Parts for CMS | Yes | |
| §63.8(c)(1)(iii) | Requirement to Develop SSM Plan for CMS | No | |
| §63.8(c)(2)-(3) | Monitoring System Installation | Yes | Except that this subpart specifies that for continuous parameter monitoring systems, operational status verification includes completion of manufacturer written specifications or installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment will monitor accurately. |
| §63.8(c)(4) | Continuous Monitoring System Requirements | Yes | |
| §63.8(c)(5) | COMS Minimum Procedures | Yes | |
| §63.8(c)(6) | CMS Requirements | Yes | |
| §63.8(c)(7)-(8) | CMS Requirements | Yes | |
| §63.8(d)(1)-(2) | Quality Control Program for CMS | Yes | |
| §63.8(d)(3) | Written Procedures for CMS | No | |
| §63.8(e) | CMS Performance Evaluation | Yes | Except this subpart specifies how and when the performance evaluation results are reported. |
| §63.8(f)(1)-(5) | Alternative Monitoring Methods | Yes | Except that this subpart specifies procedures for requesting alternative monitoring systems and alternative parameters. |
| §63.8(f)(6) | Alternative to Relative Accuracy Test | Yes | Applicable to continuous emission monitoring systems if performance specification requires a relative accuracy test audit. |
| §63.8(g)(1)-(4) | Reduction of Monitoring Data | Yes | Applies to continuous opacity monitoring system or continuous emission monitoring system. |
| §63.8(g)(5) | Data Reduction | No | This subpart specifies requirements. |
| §63.9(a) | Notification Requirements—Applicability | Yes | Duplicate Notification of Compliance Status report to the Regional Administrator may be required. |
| §63.9(b)(1)-(2) | Initial Notifications | Yes | Except that notification of construction or reconstruction is to be submitted as soon as practicable before startup but no later than 30 days after the effective date if construction or reconstruction had commenced but startup had not occurred before the effective date. |
| §63.9(b)(3) | [Reserved] | Not applicable | |
| §63.9(b)(4)-(5) | Initial Notification Information | Yes | Except §63.9(b)(4)(ii)-(iv), which are reserved and do not apply. |
| §63.9(c) | Request for Extension of Compliance | Yes | |
| §63.9(d) | New Source Notification for Special Compliance Requirements | Yes | |
| §63.9(e) | Notification of Performance Test | Yes | Except that notification is required at least 30 days before test. |
| §63.9(f) | Notification of VE/Opacity Test | Yes | |
| §63.9(g) | Additional Notification Requirements for Sources with Continuous Monitoring Systems | Yes | |
| §63.9(h) | Notification of Compliance Status | Yes | Except that this subpart specifies the notification is due no later than 150 days after compliance date, and except that the reference to §63.5(d)(1)(ii)(H) in §63.9(h)(5) does not apply. |
| §63.9(i) | Adjustment of Deadlines | Yes | |
| §63.9(j) | Change in Previous Information | Yes | |
| 63.10(a) | Recordkeeping and Reporting Applicability | Yes | |
| §63.10(b)(1) | General Recordkeeping Requirements | Yes | |
| §63.10(b)(2)(i) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns | No | |
| §63.10(b)(2)(ii) | Recordkeeping of Malfunctions | No | See §63.1576(a)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions taken to minimize emissions and correct the failure. |
| §63.10(b)(2)(iii) | Maintenance Records | Yes | |
| §63.10(b)(2)(iv)-(v) | Actions Taken to Minimize Emissions During SSM | No | |
| §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 for Applicability Determinations. | Yes | |
| §63.10(c)(1)-(6) | Additional Records for Continuous Monitoring Systems | Yes | Except §63.10(c)(2)-(4), which are Reserved and do not apply. |
| §63.10(c)(7)-(8) | Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions | Yes | |
| §63.10(c)(9) | [Reserved] | Not applicable | |
| §63.10(c)(10) | Recording Nature and Cause of Malfunctions | No | See §63.1576(a)(2) for malfunctions recordkeeping requirements. |
| §63.10(c)(11) | Recording Corrective Actions | No | See §63.1576(a)(2) for malfunctions recordkeeping requirements. |
| §63.10(c)(12)-(14) | Additional CMS Recordkeeping Requirements | Yes | |
| §63.10(c)(15) | Use of SSM Plan | No | |
| §63.10(d)(1) | General Reporting Requirements | Yes | |
| §63.10(d)(2) | Performance Test Results | No | This subpart specifies how and when the performance test results are reported. |
| §63.10(d)(3) | Opacity or VE Observations | Yes | |
| §63.10(d)(4) | Progress Reports | Yes | |
| §63.10(d)(5) | SSM Reports | No | See §63.1575(d) for CPMS malfunction reporting and §63.1575(e) for COMS and CEMS malfunction reporting. |
| §63.10(e)(1)-(2) | Additional CMS Reports | Yes | Except this subpart specifies how and when the performance evaluation results are reported. |
| §63.10(e)(3) | Excess Emissions/CMS Performance Reports | No | This subpart specifies the applicable requirements. |
| §63.10(e)(4) | COMS Data Reports | Yes | Except this subpart specifies how and when the performance test results are reported. |
| §63.10(f) | Recordkeeping/Reporting Waiver | Yes | |
| §63.11(a) | Control Device and Work Practice Requirements Applicability | Yes | |
| §63.11(b) | Flares | Yes | Except that flares complying with §63.670 are not subject to the requirements of §63.11(b). |
| §63.11(c)-(e) | Alternative Work Practice for Monitoring Equipment for Leaks | Yes | |
| §63.12 | State Authority and Delegations | Yes | |
| §63.13 | Addresses | Yes | |
| §63.14 | Incorporation by Reference | Yes | |
| §63.15 | Availability of Information and Confidentiality | Yes | |
| §63.16 | Performance Track Provisions | Yes |
[80 FR 75320, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018]
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