40 CFR Table 5
Applicability of General Provisions to Subpart KKKK
June 9, 2020
You must comply with the applicable General Provisions requirements according to the following table:
Open Table
| Citation | Subject | Applicable to subpart KKKK | 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 KKKK is also specified in §63.3481. |
| §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 | No | Area sources are not subject to subpart KKKK. |
| §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 §63.3561. |
| §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 | |
| §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 63.3483 specifies the compliance dates. |
| §63.6(c)(1), (2), (5) | Compliance Dates for Existing Sources | Yes | Section 63.3483 specifies the compliance dates. |
| §63.6(e)(1)(i)-(ii) | Operation and Maintenance | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.3500(b) for general duty requirement. |
| §63.6(e)(1)(iii) | Operation and Maintenance | Yes | |
| §63.6(e)(3)(i), (e)(3)(iii)-(ix) | SSMP | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.6(f)(1) | Compliance Except during Startup, Shutdown, and Malfunction | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.6(f)(2)-(3) | Methods for Determining Compliance | Yes | |
| §63.6(g) | Use of an Alternative Standard | Yes | |
| §63.6(h) | Compliance with Opacity/Visible Emission Standards | No | Subpart KKKK does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). |
| §63.6(i)(1)-(14) | Extension of Compliance | Yes | |
| §63.6(i)(16) | Compliance Extensions and Administrator's Authority | Yes | |
| §63.6(j) | Presidential Compliance Exemption | Yes | |
| §63.7(a)(1) | Performance Test Requirements—Applicability | Yes | Applies to all affected sources. Additional requirements for performance testing are specified in §§63.3543, 63.3544, 63.3545, 63.3554, and 63.3555. |
| §63.7(a)(2) except (a)(2)(i)-(viii) | Performance Test Requirements—Dates | Yes | Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Sections 63.3540 and 63.3550 specify the schedule for performance test requirements that are earlier than those specified in §63.7(a)(2). |
| §63.7(a)(3) | Performance Tests Required by the Administrator | Yes | |
| §63.7(b)-(d) | Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test | Yes | Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. |
| §63.7(e)(1) | Conduct of Performance Tests | Yes before August 24, 2020, No on and after August 24, 2020 | See §§63.3543 and 63.3553. |
| §63.7(e)(2)-(4) | Conduct of Performance Tests | Yes | |
| §63.7(f) | Performance Test Requirements—Use of Alternative Test Method | Yes | Applies to all test methods except those used to determine capture system efficiency. |
| §63.7(g)-(h) | Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test | Yes | Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. |
| §63.8(a)(1)-(2) | Monitoring Requirements—Applicability | 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 monitoring are specified in §§63.3547 and 63.3557. |
| §63.8(a)(4) | Additional Monitoring Requirements | No | Subpart KKKK does not have monitoring requirements for flares. |
| §63.8(b) | Conduct of Monitoring | Yes | |
| §63.8(c)(1) | Continuous Monitoring System (CMS) Operation and Maintenance | Yes before August 24, 2020, No on and after August 24, 2020 | Sections 63.3547 and 63.3557 specify 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 §§63.3547 and 63.3557. |
| §63.8(c)(4) | CMS | No | Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. |
| §63.8(c)(5) | COMS | No | Subpart KKKK does not have opacity or visible emission standards. |
| §63.8(c)(6) | CMS Requirements | No | Sections 63.3547 and 63.3557 specify the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. |
| §63.8(c)(7) | CMS Out-of-Control Periods | Yes | |
| §63.8(c)(8) | CMS Out-of-Control Periods Reporting | No | Section 63.3511 requires reporting of CMS out of control periods. |
| §63.8(d)-(e) | Quality Control Program and CMS Performance Evaluation | No | |
| §63.8(f)(1)-(5) | Use of an Alternative Monitoring Method | Yes | |
| §63.8(f)(6) | Alternative to Relative Accuracy Test | No | Section 63.8(f)(6) provisions are not applicable because subpart KKKK does not require CEMS. |
| §63.8(g) | Data Reduction | No | Sections 63.3542, 63.3547, 63.3552 and 63.3557 specify monitoring data reduction. |
| §63.9(a) | Notification Applicability | Yes | |
| §63.9(b)(1)-(2) | Initial Notifications | Yes | |
| §63.9(b)(4)(i), (b)(4)(v), (b)(5) | Application for Approval of Construction or Reconstruction | Yes | |
| §63.9(c) | Request for Extension of Compliance | Yes | |
| §63.9(d) | Special Compliance Requirement Notification | Yes | |
| §63.9(e) | Notification of Performance Test | Yes | 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 KKKK does not have opacity or visible emission standards. |
| §63.9(g) | Additional Notifications When Using CMS | No | |
| §63.9(h)(1)-(3) | Notification of Compliance Status | Yes | Section 63.3510 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 §§63.3512 and 63.3513. |
| §63.10(b)(2)(i)-(ii) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.3512(i). |
| §63.10(b)(2)(iii) | Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment | 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 §63.3512(i)(4) for a record of actions taken to minimize emissions duration a deviation from the standard. |
| §63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes before August 24, 2020, No on and after August 24, 2020 | See §63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. |
| §63.10(b)(2) (vii)-(xii) | Records | Yes | |
| §63.10(b)(2) (xiii) | No | ||
| §63.10(b)(2) (xiv) | Yes | ||
| §63.10(b)(3) | Recordkeeping Requirements for Applicability Determinations | Yes | |
| §63.10(c)(1) | Additional Recordkeeping Requirements for Sources with CMS | Yes | |
| §63.10(c)(5)-(6) | Yes | ||
| §63.10(c)(7)-(8) | Additional Recordkeeping Requirements for Sources with CMS | No | See §63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. |
| §63.10(c)(10)-(14) | Additional Recordkeeping Requirements for Sources with CMS | Yes | |
| §63.10(c)(15) | Records Regarding the Startup, Shutdown, and Malfunction Plan | Yes before August 24, 2020, No on and after August 24, 2020 | |
| §63.10(d)(1) | General Reporting Requirements | Yes | Additional requirements are specified in §63.3511. |
| §63.10(d)(2) | Report of Performance Test Results | Yes | Additional requirements are specified in §63.3511(b). |
| §63.10(d)(3) | Reporting Opacity or Visible Emissions Observations | No | Subpart KKKK does not require opacity or 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 | See §63.3511(a)(7) and (8). |
| §63.10(e)(1)-(2) | Additional CMS Reports | No | |
| §63.10(e)(3) | Excess Emissions/CMS Performance Reports | No | Section 63.3511(b) specifies the contents of periodic compliance reports. |
| §63.10(e)(4) | COMS Data Reports | No | Subpart KKKK does not specify requirements for opacity or COMS. |
| §63.10(f) | Recordkeeping/Reporting Waiver | Yes | |
| §63.11 | Control Device Requirements/Flares | No | Subpart KKKK 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 | |
| §63.15 | Availability of Information/Confidentiality | Yes |
[85 FR 10856, Feb. 25, 2020]
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