Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 40 - Protection of Environment |
Chapter I - Environmental Protection Agency |
SubChapter C - Air Programs |
Part 63 - National Emission Standards for Hazardous Air Pollutants for Source Categories |
Subpart GGGGG - National Emission Standards for Hazardous Air Pollutants: Site Remediation |
Table 3 to Subpart GGGGG of Part 63 - Applicability of General Provisions to Subpart GGGGG
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Table 3 to Subpart GGGGG of Part 63 - Applicability of General Provisions to Subpart GGGGG
As stated in § 63.7940, you must comply with the applicable General Provisions requirements according to the following table:
Citation Subject Brief description Applies to subpart GGGGG § 63.1 Applicability Initial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, Notifications Yes. § 63.2 Definitions Definitions for part 63 standards Yes. § 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes. § 63.4 Prohibited Activities Prohibited Activities; Compliance date; Circumvention, Severability Yes. § 63.5 Construction/Reconstruction Applicability; applications; approvals Yes. § 63.6(a) Applicability General Provisions (GP) apply unless compliance extension GP apply to area sources that become major 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 112(f) Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal 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. § 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 112(f) standards, comply within 90 days of effective date unless compliance extension 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 (for example, 3 years) Yes. § 63.6(d) [Reserved] § 63.6(e)(1)-(2) Operation & Maintenance No, see § 63.7935(b). § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan (SSMP) No, see § 63.7935(c). § 63.6(f)(1) Compliance Except During SSM No, see § 63.7935(b). § 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes. § 63.6(g)(1)-(3) Alternative Standard Procedures for getting an alternative standard Yes. § 63.6(h) Opacity/Visible Emissions (VE) Standards Requirements for opacity and visible emissions limits No. No opacity standards. § 63.6(i)(1)-(14) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with final rule 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 final rule Yes. § 63.7(a)(3) CAA Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes. § 63.7(b)(2) Notification of Rescheduling If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date 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. § 63.7(d) Testing Facilities Requirements for testing facilities Yes. § 63.7(e)(1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions. Cannot conduct performance tests during SSM. Not a violation to exceed standard during SSM No, see § 63.7941(b)(2). § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to rule and EPA test methods unless Administrator approves alternative Yes. § 63.7(e)(3) Test Run Duration Must have three test runs of at least one hour each. Compliance is based on arithmetic mean of three runs. Conditions when data from an additional test run can be used Yes. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method 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. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes. § 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of part 60 apply Yes. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares Unless your rule says otherwise, the requirements for flares in 63.11 apply Yes. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative 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 emissions point, must report all monitoring system results, unless one monitoring system is a backup Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Yes. § 63.8(c)(1)(i) Monitoring System Operation Operate and maintain system as specified in § 63.6(e)(1) No, see § 63.7935(b). § 63.8(c)(1)(ii) Monitoring System Repair Keep part for routine repairs available Yes. § 63.8(c)(1)(iii) Monitoring System SSM Plan Develop an SSM Plan for the monitoring system No, see § 63.7935(h)(1). § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emissions and parameter measurements. Must verify operational status before or at performance test Yes. § 63.8(c)(4) Continuous Monitoring System (CMS) Requirements CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts No. § 63.8(c)(4)(i)-(ii) Continuous Monitoring System (CMS) Requirements 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. However, COMS are not applicable. Requirements for CPMS are listed in §§ 63.7900 and 63.7913. § 63.8(c)(5) COMS Minimum Procedures COMS minimum procedures No. § 63.8(c)(6) CMS Requirements Zero and High level calibration check requirements Yes.
However requirements for CPMS are addressed in § 63.7927.§ 63.8(c)(7)-(8) CMS Requirements Out-of-control periods, including reporting Yes. § 63.8(d) CMS Quality Control Requirements for CMS quality control, including calibration, etc. Must keep quality control plan on record for 5 years. Keep old versions for 5 years after revisions Yes. § 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes. § 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes. § 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for CEMS No. § 63.8(g)(1)-(4) Data Reduction COMS 6-minute averages calculated over at least 36 evenly spaced data points. CEMS 1-hour averages computed over at least four equally spaced data points Yes. However, COMS are not applicable. Requirements for CPMS are addressed in §§ 63.7900 and 63.7913. § 63.8(g)(5) Data Reduction Data that cannot be used in computing averages for CEMS and COMS No. § 63.9(a) Notification Requirements Applicability and State Delegation Yes. § 63.9(b)(1)-(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. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed BACT/LAER 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. § 63.9(e) Notification of Performance Test Notify Administrator 60 days prior Yes. § 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 days prior 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. However, there are no opacity standards. § 63.9(h)(1)-(6) Notification of Compliance Status Contents. Due 60 days after end of performance test or other initial compliance demonstration, except for opacity/VE, which are due 30 days after. When to submit to Federal vs. State authority Yes. § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes. § 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes. § 63.9(k) Electronic reporting procedures Electronic reporting procedures for notifications per § 63.9(j) Yes. § 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 1 source Yes. § 63.10(b)(1) Recordkeeping/Reporting General Requirements. Keep all records readily available. Keep for 5 years Yes. § 63.10(b)(2)(i) and (ii) Records related to SSM Exceedance of emission limit during startup, shutdown or malfunction No, for new sources for which initial startup is after September 3, 2019. Yes, for all other affected sources before January 7, 2021, and No thereafter. § 63.10(b)(2)(iii) Maintenance Records Maintenance on air pollution control equipment. Yes. § 63.10(b)(2)(iv) and (v) Records related to SSM Actions during SSM. No, for new sources for which initial startup is after September 3, 2019. Yes, for all other affected sources before January 7, 2021, and No thereafter. § 63.10(b)(2)(vi) and (x-xi) CMS Records Malfunctions, inoperative, out-of-control. Calibration checks. Adjustments, maintenance Yes. § 63.10(b)(2)(vii)-(ix) Records Measurements to demonstrate compliance with emissions limitations. Performance test, performance evaluation, and visible emissions observation results. Measurements to determine conditions of performance tests and performance evaluations Yes. § 63.10(b)(2)(xii) Records Records when under waiver Yes. § 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test No. § 63.10(b)(2)(xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Yes. § 63.10(b)(3) Records Applicability Determinations Yes. § 63.10(c) Records Additional Records for CMS No. § 63.10(d)(1) General Reporting Requirements Requirement to report Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to Federal or State authority Yes. § 63.10(d)(3) Reporting Opacity or VE Observations What to report and when No. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Contents and submission No, see § 63.7951(b)(4). § 63.10(e)(1)-(2) Additional CMS Reports Must report results for each CEM on a unit Written copy of performance evaluation Three copies of COMS performance evaluation Yes. However, COMS are not applicable. § 63.10(e)(3) Reports Excess Emissions Reports No. § 63.10(e)(3)(i-iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) No. § 63.10(e)(3)(iv-v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance (now defined as deviations). Provision to request semiannual reporting after compliance for one year. Submit report by 30th day following end of quarter or calendar half. If there has not been an exceedance or excess emissions (now defined as deviations), report contents is a statement that there have been no deviations No. § 63.10(e)(3)(iv-v) Excess Emissions Reports Must submit report containing all of the information in §§ 63.10(c)(5-13) and 63.8(c)(7-8) No. § 63.10(e)(3)(vi-viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for CMSs (now called deviations). Requires all of the information in §§ 63.10(c)(5-13) and 63.8(c)(7-8) No. § 63.10(e)(4) Reporting COMS data Must submit COMS data with performance test data No. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes. § 63.11 Control and work practice requirements Requirements for flares and alternative work practice for equipment leaks Yes. § 63.12 Delegation State authority to enforce standards Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes, only applicable to those reports not required to be submitted electronically. § 63.14 Incorporation by Reference Test methods incorporated by reference Yes. § 63.15 Availability of Information Public and confidential information Yes. [85 FR 41712, July 10, 2020, as amended at 85 FR 73913, Nov. 19, 2020]