40 CFR Table 7
Applicability of General Provisions to Subpart NNNNN
June 9, 2020
As stated in §63.9065, you must comply with the applicable General Provisions requirements according to the following:
Open Table
| Citation | Requirement | Applies to subpart NNNNN | Explanation |
|---|---|---|---|
| §63.1 | Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications | Yes. | |
| §63.2 | Definitions | Yes | Additional definitions are found in §63.9075. |
| §63.3 | Units and abbreviations | Yes. | |
| §63.4 | Prohibited activities; compliance date; circumvention, severability | Yes. | |
| §63.5 | Construction/reconstruction applicability; applications; approvals | Yes. | |
| §63.6(a) | Compliance with standards and maintenance requirements-applicability | Yes. | |
| §63.6(b)(1)-(4) | Compliance dates for new or reconstructed sources | Yes | §63.8995 specifies compliance dates. |
| §63.6(b)(5) | Notification if commenced construction or reconstruction after proposal | Yes. | |
| §63.6(b)(6) | [Reserved] | Yes. | |
| §63.6(b)(7) | Compliance dates for new or reconstructed area sources that become major | Yes | §63.8995 specifies compliance dates. |
| §63.6(c)(1)-(2) | Compliance dates for existing sources | Yes | §63.8995 specifies compliance dates. |
| §63.6(c)(3)-(4) | [Reserved] | Yes. | |
| §63.6(c)(5) | Compliance dates for existing area sources that become major | Yes | §63.8995 specifies compliance dates. |
| §63.6(d) | [Reserved] | Yes. | |
| §63.6(e)(1)(i) | General Duty to minimize emissions | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | Subpart NNNNN requires affected units to meet emissions standards at all times. See §63.9005(b) for general duty requirement. |
| §63.6(e)(1)(ii) | Requirement to correct malfunctions ASAP | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.6(e)(1)(iii)-(e)(2) | Operation and maintenance requirements | Yes | |
| §63.6(e)(3) | Startup, Shutdown, and Malfunction Plans | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.6(f)(1) | Compliance except during startup, shutdown, and malfunction | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.6(f)(2)-(3) | Methods for determining compliance | Yes. | |
| §63.6(g) | Use of an alternative non-opacity emission standard | Yes. | |
| §63.6(h) | Compliance with opacity/visible emission standards | No | Subpart NNNNN does not specify opacity or visible emission standards. |
| §63.6(i) | Extension of compliance with emission standards | Yes. | |
| §63.6(j) | Presidential compliance exemption | Yes. | |
| §63.7(a)(1)-(2) | Performance test dates | Yes | Except for existing affected sources as specified in §63.9010(b). |
| §63.7(a)(3) | Administrator's Clean Air Act section 114 authority to require a performance test | Yes. | |
| §63.7(b) | Notification of performance test and rescheduling | Yes. | |
| §63.7(c) | Quality assurance program and site-specific test plans | Yes. | |
| §63.7(d) | Performance testing facilities | Yes. | |
| §63.7(e)(1) | Conditions for conducting performance tests | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | See §63.9020(a) for performance testing requirements. |
| §63.7(f) | Use of an alternative test method | Yes. | |
| §63.7(g) | Performance test data analysis, recordkeeping, and reporting | Yes. | |
| §63.7(h) | Waiver of performance tests | Yes. | |
| §63.8(a)(1)-(3) | Applicability of monitoring requirements | Yes | Additional monitoring requirements are found in §63.9005(d) and 63.9035. |
| 63.8(a)(4) | Monitoring with flares | No | Subpart NNNNN does not refer directly or indirectly to §63.11. |
| §63.8(b) | Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systems | 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 February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.8(c)(1)(ii) | Continuous monitoring system O&M | Yes | Applies as modified by §63.9005(d). |
| §63.8(c)(1)(iii) | Requirement to develop Startup, Shutdown, and Malfunction Plan for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.8(c)(2)-(3) | Continuous monitoring system O&M | Yes | Applies as modified by §63.9005(d) |
| §63.8(c)(4) | Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts | Yes | Applies as modified by §63.9005(d). |
| §63.8(c)(5) | Continuous opacity monitoring system (COMS) minimum procedures | No | Subpart NNNNN does not have opacity or visible emission standards. |
| §63.8(c)(6) | Zero and high level calibration checks | Yes | Applies as modified by §63.9005(d). |
| §63.8(c)(7)-(8) | Out-of-control periods, including reporting | Yes. | |
| §63.8(d)(1)-(2) | Quality control program and CMS performance evaluation | Yes | Applies as modified by §63.9005(d). |
| §63.8(d)(3) | Written procedures for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | See §63.9005(d)(5) for written procedures for CMS. |
| §63.8(e) | Performance evaluation of CMS | Yes | Applies as modified by §63.9005(d). |
| §63.8(f)(1)-(5) | Use of an alternative monitoring method | Yes. | |
| §63.8(f)(6) | Alternative to relative accuracy test | No | Only applies to sources that use continuous emissions monitoring systems (CEMS). |
| §63.8(g) | Data reduction | Yes | Applies as modified by §63.9005(d). |
| §63.9(a) | Notification requirements—applicability | Yes. | |
| §63.9(b) | Initial notifications | Yes | Except §63.9045(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification. |
| §63.9(c) | Request for compliance extension | Yes. | |
| §63.9(d) | Notification that a new source is subject to special compliance requirements | Yes. | |
| §63.9(e) | Notification of performance test | Yes. | |
| §63.9(f) | Notification of visible emissions/opacity test | No | Subpart NNNNN does not have opacity or visible emission standards. |
| §63.9(g)(1) | Additional CMS notifications—date of CMS performance evaluation | Yes. | |
| §63.9(g)(2) | Use of COMS data | No | Subpart NNNNN does not require the use of COMS. |
| §63.9(g)(3) | Alternative to relative accuracy testing | No | Applies only to sources with CEMS. |
| §63.9(h) | Notification of compliance status | Yes | Except the submission date specified in §63.9(h)(2)(ii) is superseded by the date specified in §63.9045(f). |
| §63.9(i) | Adjustment of submittal 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 | §§63.9055 and 63.9060 specify additional recordkeeping requirements. |
| §63.10(b)(2)(i)-(ii) | Records related to startup, shutdown, and malfunction periods | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | See 63.9055 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. |
| §63.10(b)(2)(iii) | Maintenance Records | Yes | |
| §63.10(b)(2)(iv) | Actions taken to minimize emissions during startup, shutdown, and malfunction | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.10(b)(2)(v) | Actions taken to minimize emissions during startup, shutdown, and malfunction | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | |
| §63.10(b)(2)(vi) | Recordkeeping for CMS malfunctions | Yes | |
| §63.10(b)(2)(vii)-(xi) | Records for performance tests and CMS | Yes | |
| §63.10(b)(2)(xii) | Records when under waiver | Yes. | |
| §63.10(b)(2)(xiii) | Records when using alternative to relative accuracy test | No | Applies only to sources with CEMS. |
| §63.10(b)(2)(xiv) | All documentation supporting initial notification and notification of compliance status | Yes. | |
| §63.10(b)(3) | Recordkeeping requirements for applicability determinations | Yes. | |
| §63.10(c) | Additional recordkeeping requirements for sources with CMS | Yes | Applies as modified by §63.9005 (d). |
| §63.10(d)(1) | General reporting requirements | Yes | §63.9050 specifies additional reporting requirements. |
| §63.10(d)(2) | Performance test results | Yes | §63.9045(f) specifies submission date. |
| §63.10(d)(3) | Opacity or visible emissions observations | No | Subpart NNNNN does not specify opacity or visible emission standards. |
| §63.10(d)(4) | Progress reports for sources with compliance extensions | Yes. | |
| §63.10(d)(5) | Startup, shutdown, and malfunction reports | No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter | See §63.9050(c)(5) for malfunction reporting requirements. |
| §63.10(e)(1) | Additional CMS reports—general | Yes | Applies as modified by §63.9005(d). |
| §63.10(e)(2)(i) | Results of CMS performance evaluations | Yes | Applies as modified by §63.9005(d). |
| §63.10(e)(2) | Results of COMS performance evaluations | No | Subpart NNNNN does not require the use of COMS. |
| §63.10(e)(3) | Excess emissions/CMS performance reports | Yes. | |
| §63.10(e)(4) | Continuous opacity monitoring system data reports | No | Subpart NNNNN does not require the use of COMS. |
| §63.10(f) | Recordkeeping/reporting waiver | Yes. | |
| §63.11 | Control device requirements—applicability | No | Facilities subject to subpart NNNNN do not use flares as control devices. |
| §63.12 | State authority and delegations | Yes | §63.9070 lists those sections of subparts NNNNN and A that are not delegated. |
| §63.13 | Addresses | Yes. | |
| §63.14 | Incorporation by reference | Yes | Subpart NNNNN does not incorporate any material by reference. |
| §63.15 | Availability of information/confidentiality | Yes. |
[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17748, Apr. 7, 2006; 85 FR 20871, Apr. 15, 2020]
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