Table 10 to Subpart DDDD of Part 63 - Applicability of General Provisions to This Subpart

Table 10 to Subpart DDDD of Part 63 - Applicability of General Provisions to This Subpart

Citation	Subject	Brief description	Applies to this subpart before August 13, 2021, except as noted in footnote “1” to this table	Applies to this subpart on and after August 13, 2021, except as noted in footnote “1” to this table
§ 63.1	Applicability	Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications	Yes	Yes.
§ 63.2	Definitions	Definitions for standards in this part	Yes	Yes.
§ 63.3	Units and Abbreviations	Units and abbreviations for standards in this part	Yes	Yes.
§ 63.4	Prohibited Activities and Circumvention	Prohibited activities; compliance date; circumvention, fragmentation	Yes	Yes.
§ 63.5	Preconstruction Review and Notification Requirements	Preconstruction review requirements of section 112(i)(1)	Yes	Yes.
§ 63.6(a)	Applicability	GP apply unless compliance extension; GP apply to area sources that become major	Yes	Yes.
§ 63.6(b)(1)-(4)	Compliance Dates for New and Reconstructed Sources	Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)	Yes	Yes.
§ 63.6(b)(5)	Notification	Must notify if commenced construction or reconstruction after proposal	Yes	Yes.
§ 63.6(b)(6)	[Reserved]
§ 63.6(b)(7)	Compliance Dates for New and Reconstructed Area Sources that Become Major	Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source	Yes	Yes.
§ 63.6(c)(1)-(2)	Compliance Dates for Existing Sources	Comply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension	Yes	Yes.
§ 63.6(c)(3)-(4)	[Reserved]
§ 63.6(c)(5)	Compliance Dates for Existing Area Sources that Become Major	Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (e.g., 3 years)	Yes	Yes.
§ 63.6(d)	[Reserved]
§ 63.6(e)(1)(i)	General Duty to Minimize Emissions	You must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions	Yes	No, see § 63.2250 for general duty requirement.
§ 63.6(e)(1)(ii)	Requirement to Correct Malfunctions ASAP	You must correct malfunctions as soon as practicable after their occurrence	Yes	No.
§ 63.6(e)(1)(iii)	Operation and Maintenance Requirements	Operation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standards	Yes	Yes.
§ 63.6(e)(2)	[Reserved]
§ 63.6(e)(3)	Startup, Shutdown, and Malfunction Plan (SSMP)	Requirement for SSM and SSMP; content of SSMP	Yes	No.
§ 63.6(f)(1)	SSM Exemption	You must comply with emission standards at all times except during SSM	No. See § 63.2250(a)	No.
§ 63.6(f)(2)-(3)	Methods for Determining Compliance/Finding of Compliance	Compliance based on performance test, operation and maintenance plans, records, inspection	Yes	Yes.
§ 63.6(g)(1)-(3)	Alternative Standard	Procedures for getting an alternative standard	Yes	Yes.
§ 63.6(h)(1)	SSM Exemption	You must comply with opacity and visible emission standards at all times except during SSM	NA	No.
§ 63.6(h)(2)-(9)	Opacity/Visible Emission (VE) Standards	Requirements for opacity and visible emission standards	NA	NA.
§ 63.6(i)(1)-(14)	Compliance Extension	Procedures and criteria for Administrator to grant compliance extension	Yes	Yes.
§ 63.6(i)(15)	[Reserved]
§ 63.6(i)(16)	Compliance Extension	Compliance extension and Administrator's authority	Yes	Yes.
§ 63.6(j)	Presidential Compliance Exemption	President may exempt source category from requirement to comply with rule	Yes	Yes.
§ 63.7(a)(1)-(2)	Performance Test Dates	Dates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to rule	Yes	Yes.
§ 63.7(a)(3)	Section 114 Authority	Administrator may require a performance test under CAA section 114 at any time	Yes	Yes.
§ 63.7(b)(1)	Notification of Performance Test	Must notify Administrator 60 days before the test	Yes	Yes.
§ 63.7(b)(2)	Notification of Rescheduling	If have to reschedule performance test, must notify Administrator as soon as practicable	Yes	Yes.
§ 63.7(c)	Quality Assurance/Test Plan	Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing	Yes	Yes.
§ 63.7(d)	Testing Facilities	Requirements for testing facilities	Yes	Yes.
§ 63.7(e)(1)	Performance Testing	Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM	Yes	No, see § 63.2262(a)-(b).
§ 63.7(e)(2)	Conditions for Conducting Performance Tests	Must conduct according to rule and EPA test methods unless Administrator approves alternative	Yes	Yes.
§ 63.7(e)(3)	Test Run Duration	Must have three test runs for at least the time specified in the relevant standard; compliance is based on arithmetic mean of three runs; specifies conditions when data from an additional test run can be used	Yes	Yes.
§ 63.7(f)	Alternative Test Method	Procedures by which Administrator can grant approval to use an alternative test method	Yes	Yes.
§ 63.7(g)	Performance Test Data Analysis	Must include raw data in performance test report; must submit performance test data 60 days after end of test with the notification of compliance status; keep data for 5 years	Yes	Yes.
§ 63.7(h)	Waiver of Tests	Procedures for Administrator to waive performance test	Yes	Yes.
§ 63.8(a)(1)	Applicability of Monitoring Requirements	Subject to all monitoring requirements in standard	Yes	Yes.
§ 63.8(a)(2)	Performance Specifications	Performance specifications in appendix B of part 60 of this chapter apply	Yes	Yes.
§ 63.8(a)(3)	[Reserved]
§ 63.8(a)(4)	Monitoring with Flares	Requirements for flares in § 63.11 apply	NA	NA.
§ 63.8(b)(1)	Monitoring	Must conduct monitoring according to standard unless Administrator approves alternative	Yes	Yes.
§ 63.8(b)(2)-(3)	Multiple Effluents and Multiple Monitoring Systems	Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup	Yes	Yes.
§ 63.8(c)(1)	Monitoring System Operation and Maintenance	Maintain monitoring system in a manner consistent with and good air pollution control practices	Yes	Yes.
§ 63.8(c)(1)(i)	Operation and Maintenance of CMS	Must maintain and operate CMS in accordance with § 63.6(e)(1)	Yes	No.
§ 63.8(c)(1)(ii)	Spare Parts for CMS	Must maintain spare parts for routine CMS repairs	Yes	Yes.
§ 63.8(c)(1)(iii)	Requirements to Develop SSMP for CMS	Must develop and implement SSMP for CMS	Yes	No.
§ 63.8(c)(2)-(3)	Monitoring System Installation	Must install to get representative emission of parameter measurements; must verify operational status before or at performance test	Yes	Yes.
§ 63.8(c)(4)	CMS Requirements	CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts; COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period	Yes	Yes.
§ 63.8(c)(5)	Continuous Opacity Monitoring System (COMS) Minimum Procedures	COMS minimum procedures	NA	NA.
§ 63.8(c)(6)-(8)	CMS Requirements	Zero and high-level calibration check requirements; out-of-control periods	Yes	Yes.
§ 63.8(d)(1)-(2)	CMS Quality Control	Requirements for CMS quality control, including calibration, etc.	Yes. Refer to § 63.2269(a)-(c) for CPMS quality control procedures to be included in the quality control program	Yes. Refer to § 63.2269(a)-(c) for CPMS quality control procedures to be included in the quality control program.
§ 63.8(d)(3)	Written Procedures for CMS	Must keep quality control plan on record for 5 years. Keep old versions for 5 years after revisions. May incorporate as part of SSMP to avoid duplication.	Yes	No, see § 63.2282(f).
§ 63.8(e)	CMS Performance Evaluation	Notification, performance evaluation test plan, reports	Yes, for CEMS	Yes, for CEMS.
§ 63.8(f)(1)-(5)	Alternative Monitoring Method	Procedures for Administrator to approve alternative monitoring	Yes	Yes.
§ 63.8(f)(6)	Alternative to Relative Accuracy Test	Procedures for Administrator to approve alternative relative accuracy tests for CEMS	Yes, for CEMS	Yes, for CEMS.
§ 63.8(g)	Data Reduction	COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that can't be used in average; rounding of data	Yes	Yes.
§ 63.9(a)	Notification Requirements	Applicability and State delegation	Yes	Yes.
§ 63.9(b)(1)-(2)	Initial Notifications	Submit notification 120 days after effective date; contents of notification	Yes	Yes.
§ 63.9(b)(3)	[Reserved]
§ 63.9(b)(4)-(5)	Initial Notifications	Submit notification 120 days after effective date; notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup; contents of each	Yes	Yes.
§ 63.9(c)	Request for Compliance Extension	Can request if cannot comply by date or if installed best available control technology/lowest achievable emission rate	Yes	Yes.
§ 63.9(d)	Notification of Special Compliance Requirements for New Source	For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date	Yes	Yes.
§ 63.9(e)	Notification of Performance Test	Notify EPA Administrator 60 days prior	Yes	Yes.
§ 63.9(f)	Notification of Visible Emissions/Opacity Test	Notify EPA Administrator 30 days prior	No	No.
§ 63.9(g)	Additional Notifications When Using CMS	Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy	Yes	Yes.
§ 63.9(h)(1)-(6)	Notification of Compliance Status	Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority	Yes	Yes.
§ 63.9(i)	Adjustment of Submittal Deadlines	Procedures for Administrator to approve change in when notifications must be submitted	Yes	Yes.
§ 63.9(j)	Change in Previous Information	Must submit within 15 days after the change	Yes	Yes.
§ 63.9(k)	Electronic reporting procedures	Electronic reporting procedures	Yes, only as specified in § 63.9(j)	Yes, only as specified in § 63.9(j).
§ 63.10(a)	Recordkeeping/Reporting	Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one source	Yes	Yes.
§ 63.10(b)(1)	Recordkeeping/Reporting	General Requirements; keep all records readily available; keep for 5 years	Yes	Yes.
§ 63.10(b)(2)(i)	Recordkeeping of Occurrence and Duration of Startups and Shutdowns	Records of occurrence and duration of each startup or shutdown that causes source to exceed emission limitation	Yes	No, see § 63.2282(a).
§ 63.10(b)(2)(ii)	Recordkeeping of Failures to Meet a Standard	Records of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipment	Yes	No, see § 63.2282(a) 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	Records of maintenance performed on air pollution control and monitoring equipment	Yes	Yes.
§ 63.10(b)(2)(iv)-(v)	Actions Taken to Minimize Emissions During SSM	Records of actions taken during SSM to minimize emissions	Yes	No.
§ 63.10(b)(2)(vi) and (x)-(xi)	CMS Records	Malfunctions, inoperative, out-of-control	Yes	Yes.
§ 63.10(b)(2)(vii)-(ix)	Records	Measurements to demonstrate compliance with compliance options and operating requirements; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluations	Yes	Yes.
§ 63.10(b)(2)(xii)	Records	Records when under waiver	Yes	Yes.
§ 63.10(b)(2)(xiii)	Records	Records when using alternative to relative accuracy test	Yes	Yes.
§ 63.10(b)(2)(xiv)	Records	All documentation supporting initial notification and notification of compliance status	Yes	Yes.
§ 63.10(b)(3)	Records	Applicability determinations	Yes	Yes.
§ 63.10(c)(1)-(6), (9)-(14)	Records	Additional records for CMS	Yes	Yes.
§ 63.10(c)(7)-(8)	Records	Records of excess emissions and parameter monitoring exceedances for CMS	No	No.
§ 63.10(c)(15)	Use of SSMP	Use SSMP to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS	Yes	No.
§ 63.10(d)(1)	General Reporting Requirements	Requirement to report	Yes	Yes.
§ 63.10(d)(2)	Report of Performance Test Results	When to submit to Federal or State authority	Yes	Yes.
§ 63.10(d)(3)	Reporting Opacity or VE Observations	What to report and when	NA	NA.
§ 63.10(d)(4)	Progress Reports	Must submit progress reports on schedule if under compliance extension	Yes	Yes.
§ 63.10(d)(5)(i)	Periodic SSM Reports	Contents and submission of periodic SSM reports	Yes	No, see § 63.2281(d)-(e) for malfunction reporting requirements.
§ 63.10(d)(5)(ii)	Immediate SSM Reports	Contents and submission of immediate SSM reports	Yes	No.
§ 63.10(e)(1)-(2)	Additional CMS Reports	Must report results for each CEM on a unit; written copy of performance evaluation; 3 copies of COMS performance evaluation	Yes	Yes.
§ 63.10(e)(3)	Reports	Excess emission reports	No	No.
§ 63.10(e)(4)	Reporting COMS Data	Must submit COMS data with performance test data	NA	NA.
§ 63.10(f)	Waiver for Recordkeeping/Reporting	Procedures for EPA Administrator to waive	Yes	Yes.
§ 63.11	Control Device and Work Practice Requirements	Requirements for flares and alternative work practice for equipment leaks	NA	NA.
§ 63.12	State Authority and Delegations	State authority to enforce standards	Yes	Yes.
§ 63.13	Addresses	Addresses where reports, notifications, and requests are sent	Yes	Yes.
§ 63.14	Incorporations by Reference	Test methods incorporated by reference	Yes	Yes.
§ 63.15	Availability of Information and Confidentiality	Public and confidential information	Yes	Yes.
§ 63.16	Performance Track Provisions	Requirements for Performance Track member facilities	Yes	Yes.

¹ New or reconstructed affected sources that commenced construction or reconstruction after September 6, 2019 must comply with the requirements in column 5 of this table beginning on August 13, 2020 or upon initial startup, whichever is later.

[85 FR 49465, Aug. 13, 2020, as amended at 85 FR 73902, Nov. 19, 2020]