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Code of Federal Regulations (Last Updated: November 8, 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 EEEEEE - National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources |
Table 1 to Subpart EEEEEE of Part 63 - —Applicability of General Provisions to This Subpart
Latest version.
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Table 1 to Subpart EEEEEE of Part 63—Applicability of General Provisions to Subpart EEEEEE This Subpart
As required in § 63.11150(a), you must comply with the requirements of the NESHAP General Provisions (subpart A of this part) as shown in the following table.
Citation Subject Applies to this subpart EEEEEE? Explanation § 63.1(a)(1) , (a)(2), (a)(3), (a)(through (4), (a)(6), and (a)(10) -through (a)(12), (b)(1) , and (b)(3), (c)(1), (c)(2), and (c)(5), (e) Applicability Yes. § 63.1(a)(5) , and (a)(7) -through (a)(9), (b)(2), (c)(3) , and (c)(4), (d) Reserved No. § 63.2 Definitions Yes. § 63.3 Units and Abbreviations Yes. § 63.4 Prohibited Activities and Circumvention Yes. § 63.5 Preconstruction Review and Notification Requirements No. § 63.6(a), (b)(1) -through (b)(5) , and (b)(7), (c)(1), (c)(2), and (c)(5) Compliance with Standards and Maintenance Requirements—Applicability and Compliance Dates Yes. § 63.6(e)(1)(i) Operation and Maintenance Requirements Yes/No Operation and maintenance requirements do not apply to existing sources except that the startup, shutdown, and malfunction requirements in Requirements—general duty to minimize emissions Yes before November 12, 2024
No on or after November 12, 2024See §§ 63.11147(c) and 63.11148(f) for the general duty to minimize emissions at all times at existing sources. See § 63.11149(c)(3) for the general duty to minimize emissions at all times at new sources. § 63.6(e)(1)(ii) Requirement to correct malfunctions as soon as practicable. Yes before November 12, 2024
No on or after November 12, 2024Malfunctions are no longer exempt. § 63.6(e)(3) are allowed as an alternative to the rule 1)(iii) Yes. § 63.6(e)(3) Startup, Shutdown, and Manufacturing Plan Yes before November 12, 2024
No on or after November 12, 2024The requirements for emergency situations . Operation and maintenance requirements apply to new sources except that the rule requirements for emergency situations are allowed as an alternative to the startup, shutdown, and malfunction requirements in for existing sources are contained in §§ 63.11147(c)(5) and 63.11148(f)(5). See § 63.11149(d) for the emergency requirements for new sources. § 63.6(f)(1) Compliance with Nonopacity Emission Standards Yes before November 12, 2024
No on or after November 12, 2024Emission standards apply at all times. Some requirements of § 63.6(ef)(31) are no longer applicable. § 63.6(f), ((2) through (3) Yes. § 63.6(g), (i), (j) Compliance with Nonopacity Emission Standards Yes. § 63.6(h)(1) Compliance with Opacity and Visible Emission Standards Yes before November 12, 2024
No on or after November 12, 2024Requirements apply to new sources but not existing sources. Emission standards apply at all times. Some requirements of § 63.6(h)(1) are no longer applicable. § 63.6(b)(6), (c)(3) , and (c)(4), (d), (e)(2), (e)(3)(ii), (h)(2)(ii), (h)(3), (h)(5)(iv), (i)(15) Reserved No. § 63.6(h)(12) -through (h)(4), (h)(5)(i) -(h)(5)(through (iii), (h)(6) -through (h)(9) Yes/No. Requirements apply to new sources but not existing sources. § 63.7(a), (e)(2) through (4), (f), (g), (h) Performance Testing Requirements Yes. § 63.7(e)(1) Performance Testing Requirements No See § 63.11148(e) for performance testing requirements. § 63.7(b), (c) Yes/No Notification of performance tests and quality assurance program apply to new sources but not existing sources. § 63.8(a)(1) , and (a)(2), (b), (c)(1)(ii), (c)(2) through (8), (f), (g) Monitoring Requirements Yes. § 63.8(c)(1)(i) and (iii) General Duty and SSM Plan Requirements for Continuous Monitoring Systems Yes before November 12, 2024.
No on or after November 12, 2024.§ 63.8(a)(3) Reserved No. § 63.8(a)(4) No Subpart EEEEEE This subpart does not require flares. § 63.8(d)(1) and (2), (e) Quality Control Yes/No Requirements for quality control program and performance evaluations apply to new sources but not existing sources. § 63.98(a), d)(3) Written Procedures for Continuous Monitoring Systems Yes before November 12, 2024
No on or after November 12, 2024Requirements for quality control program and performance evaluations apply to new sources but not existing sources. See § 63.11149(b)(1)3). § 63.9(a), (b)(21), (b2), and (5), (c), (d), (h)(1) -through (h)(3), (h)(5), and (h)(6), (i), (j) Notification Requirements Yes. § 63.9(b)(3), (h)(4) Reserved No. § 63.9(b)(4), (f) No. § 63.9(e), (g) Yes/No Notification requirements for performance test and use of continuous monitoring systems apply to new sources but not existing sources. § 63.9(k) Electronic submission of notifications or reports Yes. § 63.10(a), (b)(1), (d)(1), (d)(2), and (d)(4), (d)(5), (f) Recordkeeping and Reporting Requirements Yes/No Recordkeeping requirements apply to new sources but not existing sources. § 63.10(b)(2)(iii) and (vi) through (xiv), (b)(3), (c)(1), (c)(5) -through (c)(8), and (c)(10) -through (c14)(15), (e)(1) , and (e)(2) Yes/No Recordkeeping requirements apply to new sources but not existing sources. § 63.10(cb)(2)-((i) through (ii) and (iv) through (v) General Recordkeeping Requirements and Actions to Minimize Emissions During Startup, Shutdown, and Malfunction Yes before November 12, 2024
No on or after November 12, 2024Recordkeeping requirements apply to new sources but not existing sources. See § 63.11149(c)(4).
Startup, Shutdown, and Malfunction are no longer exempt from emission standards. See § 63.11148(g).§ 63.10(c)(2) and (4) and (9) Reserved No. § 63.10(c)(15) Use of Startup, Shutdown, and Malfunction Plan For new sources, Yes before November 12, 2024
No on or after November 12, 2024Recordkeeping requirements apply to new sources but not existing sources.
Startup, Shutdown, and Malfunction Plans are no longer required.§ 63.10(d)(3), (e)(4) No Reporting requirements apply to new sources but not existing sources. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reporting For new sources, Yes before November 12, 2024
No on or after November 12, 2024Reporting requirements apply to new sources but not existing sources. See §§ 63.11147(e), 63.11148(h), 63.11149(e)(2). § 63.10(e)(3) Yes/No Reporting requirements apply to new sources but not existing sources. § 63.11 Control Device Requirements No Subpart EEEEEE This subpart does not require flares. § 63.12 State Authorities and Delegations Yes. § 63.13 Addresses Yes. § 63.14 Incorporations by Reference Yes. § 63.15 Availability of Information and Confidentiality Yes. § 63.16 Performance Track Provisions Yes. [89 FR 41722, May 13, 2024]