Table 2 to Subpart HHHH of Part 63 - Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH  


Latest version.
  • Table 2 to Subpart HHHH of Part 63 - Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH

    As stated in § 63.3001, you must comply with the applicable General Provisions requirements according to the following table:

    Citation Requirement Applies to subpart HHHH Explanation
    § 63.1(a)(1)-(4) General Applicability Yes.
    § 63.1(a)(5) No [Reserved].
    § 63.1(a)(6)-(8) Yes.
    § 63.1(a)(9) No [Reserved].
    § 63.1(a)(10)-(14) Yes.
    § 63.1(b) Initial Applicability Determination Yes.
    § 63.1(c)(1) Applicability After Standard Established Yes.
    § 63.1(c)(2) Yes Some plants may be area sources.
    § 63.1(c)(3) No [Reserved].
    § 63.1(c)(4)-(5) Yes.
    § 63.1(c)(6) Reclassification Yes.
    § 63.1(d) No [Reserved].
    § 63.1(e) Applicability of Permit Program Yes.
    § 63.2 Definitions Yes Additional definitions in § 63.3004.
    § 63.3 Units and Abbreviations Yes.
    § 63.4(a)(1)-(3) Prohibited Activities Yes.
    § 63.4(a)(4) No [Reserved].
    § 63.4(a)(5) Yes.
    § 63.4(b)-(c) Circumvention/Severability Yes.
    § 63.5(a) Construction/Reconstruction Yes.
    § 63.5(b)(1) Existing/Constructed/Reconstruction Yes.
    § 63.5(b)(2) No [Reserved].
    § 63.5(b)(3)-(6) Yes.
    § 63.5(c) No [Reserved].
    § 63.5(d) Application for Approval of Construction/Reconstruction Yes.
    § 63.5(e) Approval of Construction/Reconstruction Yes.
    § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes.
    § 63.6(a) Compliance with Standards and Maintenance - Applicability Yes.
    § 63.6(b)(1)-(5) New and Reconstructed Sources-Dates Yes.
    § 63.6(b)(6) No [Reserved].
    § 63.6(b)(7) Yes.
    § 63.6(c)(1)-(2) Existing Sources Dates Yes § 63.2985 specifies dates.
    § 63.6(c)(3)-(4) No [Reserved].
    § 63.6(c)(5) Yes.
    § 63.6(d) No [Reserved].
    § 63.6(e)(1)(i) General Duty to Minimize Emissions No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2986(g) for general duty requirement.
    § 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.6(e)(1)(iii) Operation and Maintenance Requirements Yes §§ 63.2984 and 63.2987 specify additional requirements.
    § 63.6(e)(2) No [Reserved].
    § 63.6(e)(3) SSM Plan Requirements No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.6(f)(1) SSM Exemption No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.6(f)(2) and (3) Compliance with Non-Opacity Emission Standards Yes.
    § 63.6(g) Alternative Non-Opacity Emission Standard Yes EPA retains approval authority.
    § 63.6(h) Compliance with Opacity/Visible Emissions Standards No Subpart HHHH does not specify opacity or visible emission standards.
    § 63.6(i)(1)-(14) Extension of Compliance Yes.
    § 63.6(i)(15) No [Reserved].
    § 63.6(i)(16) Yes.
    § 63.6(j) Exemption from Compliance Yes.
    § 63.7(a) Performance Test Requirements - Applicability and Dates Yes.
    § 63.7(b) Notification of Performance Test Yes.
    § 63.7(c) Quality Assurance Program/Test Plan Yes.
    § 63.7(d) Testing Facilities Yes.
    § 63.7(e)(1) Performance Testing No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2992(c).
    § 63.7(e)(2)-(4) Conduct of Tests Yes §§ 63.2991-63.2994 specify additional requirements.
    § 63.7(f) Alternative Test Method Yes EPA retains approval authority
    § 63.7(g) Data Analysis Yes.
    § 63.7(h) Waiver of Tests Yes.
    § 63.8(a)(1)-(2) Monitoring Requirements - Applicability Yes.
    § 63.8(a)(3) No [Reserved].
    § 63.8(a)(4) Yes.
    § 63.8(b) Conduct of Monitoring Yes.
    § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.8(c)(1)(ii) Continuous Monitoring System (CMS) Operation and Maintenance Yes.
    § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.8(c)(2)-(4) Yes.
    § 63.8(c)(5) Continuous Opacity Monitoring System (COMS) Procedures No Subpart HHHH does not specify opacity or visible emission standards.
    § 63.8(c)(6)-(8) Yes.
    § 63.8(d)(1) and (2) Quality Control Yes.
    § 63.8(d)(3) Written Procedures for CMS No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2994(a).
    § 63.8(e) CMS Performance Evaluation Yes.
    § 63.8(f)(1)-(5) Alternative Monitoring Method Yes EPA retains approval authority.
    § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart HHHH does not require the use of continuous emissions monitoring systems (CEMS).
    § 63.8(g)(1) Data Reduction Yes.
    § 63.8(g)(2) Data Reduction No Subpart HHHH does not require the use of CEMS or COMS.
    § 63.8(g)(3)-(5) Data Reduction Yes.
    § 63.9(a) Notification Requirements - Applicability Yes.
    § 63.9(b) Initial Notifications Yes.
    § 63.9(c) Request for Compliance Extension Yes.
    § 63.9(d) New Source Notification for Special Compliance Requirements Yes.
    § 63.9(e) Notification of Performance Test Yes.
    § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart HHHH does not specify opacity or visible emission standards.
    § 63.9(g)(1) Additional CMS Notifications Yes.
    § 63.9(g)(2)-(3) No Subpart HHHH does not require the use of COMS or CEMS.
    § 63.9(h)(1)-(3) Notification of Compliance Status Yes § 63.3000(b) specifies additional requirements.
    § 63.9(h)(4) No [Reserved].
    § 63.9(h)(5)-(6) Yes.
    § 63.9(i) Adjustment of Deadlines Yes.
    § 63.9(j) Change in Previous Information Yes.
    § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j).
    § 63.10(a) Recordkeeping/Reporting - Applicability Yes.
    § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.2998 includes additional requirements.
    § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet a Standard No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2998(g) for recordkeeping requirements for an affected source that fails to meet an applicable standard.
    § 63.10(b)(2)(iii) Maintenance Records Yes.
    § 63.10(b)(2)(iv) and (v) Actions Taken to Minimize Emissions During SSM No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes.
    § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes.
    § 63.10(b)(3) Recordkeeping requirement for applicability determinations Yes.
    § 63.10(c)(1) Additional CMS Recordkeeping Yes.
    § 63.10(c)(2)-(4) No [Reserved].
    § 63.10(c)(5)-(8) Yes.
    § 63.10(c)(9) No [Reserved].
    § 63.10(c)(10)-(14) Yes.
    § 63.10(c)(15) Use of SSM Plan No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
    § 63.10(d)(1) General Reporting Requirements Yes § 63.3000 includes additional requirements.
    § 63.10(d)(2) Performance Test Results Yes § 63.3000 includes additional requirements.
    § 63.10(d)(3) Opacity or Visible Emissions Observations No Subpart HHHH does not specify opacity or visible emission standards.
    § 63.10(d)(4) Progress Reports Under Extension of Compliance Yes.
    § 63.10(d)(5) SSM Reports No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.3000(c) for malfunction reporting requirements.
    § 63.10(e)(1) Additional CMS Reports - General No Subpart HHHH does not require CEMS.
    § 63.10(e)(2) Reporting results of CMS performance evaluations. Yes.
    § 63.10(e)(3) Excess Emission/CMS Performance Reports. Yes.
    § 63.10(e)(4) COMS Data Reports No Subpart HHHH does not specify opacity or visible emission standards.
    § 63.10(f) Recordkeeping/Reporting Waiver Yes EPA retains approval authority.
    § 63.11 Control Device Requirements - Applicability. No Facilities subject to subpart HHHH do not use flares as control devices.
    § 63.12 State Authority and Delegations Yes.
    § 63.13 Addresses Yes.
    § 63.14 Incorporation by Reference Yes See § 63.14(b)(2) and (3) for applicability requirements.
    § 63.15 Availability of Information/Confidentiality Yes.

    [84 FR 6697, Feb. 28, 2019, as amended at 85 FR 73904, Nov. 19, 2020]