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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 40 - Protection of Environment |
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Chapter I - Environmental Protection Agency |
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SubChapter C - Air Programs |
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Part 63 - National Emission Standards for Hazardous Air Pollutants for Source Categories |
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Subpart DDDD - National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products |
Table 10 to Subpart DDDD of Part 63 - Applicability of General Provisions to This Subpart
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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 tableApplies 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. [85 FR 49465, Aug. 13, 2020, as amended at 85 FR 73902, Nov. 19, 2020]