Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA  


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  • Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

    As specified in this subpart, you must meet each requirement in the following table that applies to you. The owner or operator may begin complying with the provisions that apply no later than September 27, 2021, any time before that date.

    Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

    Part 63 citation Description Applicable to subpart AAAA
    before
    September
    28, 2021
    Applicable to subpart AAAA
    no later than
    September 27, 2021
    Explanation
    § 63.1(a) Applicability: General applicability of NESHAP in this part Yes Yes
    § 63.1(b) Applicability determination for stationary sources Yes Yes
    § 63.1(c) Applicability after a standard has been set No1 Yes
    § 63.1(e) Applicability of permit program before relevant standard is set Yes Yes
    § 63.2 Definitions Yes Yes
    § 63.3 Units and abbreviations No1 Yes
    § 63.4 Prohibited activities and circumvention Yes Yes
    § 63.5(a) Construction/reconstruction No1 Yes
    § 63.5(b) Requirements for existing, newly constructed, and reconstructed sources Yes Yes
    § 63.5(d) Application for approval of construction or reconstruction No1 Yes
    § 63.5(e) and (f) Approval of construction and reconstruction No1 Yes
    § 63.6(a) Compliance with standards and maintenance requirements - applicability No1 Yes
    § 63.6(b) and (c) Compliance dates for new, reconstructed, and existing sources No1 Yes
    § 63.6(e)(1)(i)-(ii) Operation and maintenance requirements Yes No See § 63.1955(c) for general duty requirements.
    § 63.6(e)(3)(i)-(ix) SSM plan Yes No
    § 63.6(f)(1) Exemption of nonopacity emission standards during SSM No No
    § 63.6(f)(2) and (3) Compliance with nonopacity emission standards Yes Yes
    § 63.6(g) Use of an alternative nonopacity standard No1 Yes
    § 63.6(h) Compliance with opacity and visible emission standards No1 No Subpart AAAA does not prescribe opacity or visible emission standards.
    § 63.6(i) Extension of compliance with emission standards No1 Yes
    § 63.6(j) Exemption from compliance with emission standards No1 Yes
    § 63.7 Performance testing No1 Yes
    § 63.7(e)(1) Conditions for performing performance tests No1 No 40 CFR 63.1959(f) specifies the conditions for performing performance tests.
    § 63.8(a) and (b) Monitoring requirements - Applicability and conduct of monitoring No1 Yes
    § 63.8(c)(1) Operation and Maintenance of continuous emissions monitoring system No1 Yes
    § 63.8(c)(1)(i) Operation and Maintenance Requirements No1 No Unnecessary due to the requirements of § 63.8(c)(1) and the requirements for a quality control plan for monitoring equipment in § 63.8(d)(2).
    § 63.8(c)(1)(ii) Operation and Maintenance Requirements No1 No
    § 63.8(c)(1)(iii) SSM plan for monitors No1 No
    § 63.8(c)(2)-(8) Monitoring requirements No1 Yes
    § 63.8(d)(1) Quality control for monitors No1 Yes
    § 63.8(d)(2) Quality control for monitors No1 Yes
    § 63.8(d)(3) Quality control records No1 No See § 63.1983(c)(8).
    § 63.9(a), (c), and (d) Notifications No1 Yes
    § 63.9(b) Initial notifications No1 Yes2
    § 63.9(e) Notification of performance test No1 Yes2
    § 63.9(f) Notification of visible emissions/opacity test No1 No Subpart AAAA does not prescribe opacity or visible emission standards.
    § 63.9(g) Notification when using CMS No1 Yes2
    § 63.9(h) Notification of compliance status No1 Yes2
    § 63.9(i) Adjustment of submittal deadlines No1 Yes
    § 63.9(j) Change in information already provided No1 Yes
    § 63.10(a) Recordkeeping and reporting - general No1 Yes
    § 63.10(b)(1) General recordkeeping No1 Yes
    § 63.10(b)(2)(i) Startup and shutdown records Yes No See § 63.1983(c)(6) for recordkeeping for periods of startup and shutdown.
    § 63.10(b)(2)(ii) Recordkeeping of failures to meet a standard Yes No See § 63.1983(c)(6)-(7) for recordkeeping for any exceedance of a standard.
    § 63.10(b)(2)(iii) Recordkeeping of maintenance on air pollution control equipment Yes Yes
    § 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSM Yes No See § 63.1983(c)(7) for recordkeeping of corrective actions to restore compliance.
    § 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions No1 Yes
    § 63.10(b)(2)(vii)-(xiv) Other Recordkeeping of compliance measurements No1 Yes
    § 63.10(c) Additional recordkeeping for sources with CMS No1 No See § 63.1983 for required CMS recordkeeping.
    § 63.10(d)(1) General reporting No1 Yes
    § 63.10(d)(2) Reporting of performance test results No1 Yes
    § 63.10(d)(3) Reporting of visible emission observations No1 No
    § 63.10(d)(4) Progress reports for compliance date extensions No1 Yes
    § 63.10(d)(5) SSM reporting Yes No All exceedances must be reported in the semi-annual report required by § 63.1981(h).
    § 63.10(e) Additional reporting for CMS systems No1 Yes
    § 63.10(f) Recordkeeping/reporting waiver No1 Yes
    § 63.11 Control device requirements/flares No1 Yes § 60.18 is required before September 27, 2021. However, § 60.18 and 63.11 are equivalent.
    § 63.12(a) State authority Yes Yes
    § 63.12(b)-(c) State delegations No1 Yes
    § 63.13 Addresses No1 Yes
    § 63.14 Incorporation by reference No1 Yes
    § 63.15 Availability of information and confidentiality Yes Yes

    [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8204, Feb. 14, 2022]