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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 JJJJJ - National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing |
Table 10 to Subpart JJJJJ of Part 63 - Applicability of General Provisions to Subpart JJJJJ
Latest version.
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Table 10 to Subpart JJJJJ of Part 63 - Applicability of General Provisions to Subpart JJJJJ
As stated in § 63.8505, you must comply with the General Provisions in §§ 63.1 through 63.16 that apply to you according to the following table:
Citation Subject Brief description Applies to subpart JJJJJ? § 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 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 section 112(f) Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes. § 63.6(b)(6) [Reserved] No. § 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 area sources 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 calendar days of effective date unless compliance extension Yes. § 63.6(c)(3)-(4) [Reserved] No. § 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] No. § 63.6(e)(1)(i) Operation & Maintenance General Duty to minimize emissions No. See § 63.8420(b) for general duty requirement. § 63.6(e)(1)(ii) Operation & Maintenance Requirement to correct malfunctions ASAP No. § 63.6(e)(1)(iii) Operation & Maintenance Operation and maintenance requirements enforceable independent of emissions limitations Yes. § 63.6(e)(2) [Reserved] No. § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan (SSMP) Requirement for startup, shutdown, and malfunction (SSM) and SSMP; content of SSMP No. § 63.6(f)(1) Compliance Except During SSM You must comply with emission standards at all times except during SSM No. § 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes. § 63.6(g) Alternative Standard Procedures for getting an alternative standard Yes. § 63.6(h) Opacity/VE Standards Requirements for opacity and VE standards No, not applicable. § 63.6(i) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category Yes. § 63.7(a)(1)-(2) Performance Test Dates Dates for conducting initial performance testing and other compliance demonstrations for emission limits and work practice standards; must conduct 180 calendar days after first subject to rule Yes. § 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes. § 63.7(a)(4) Notification of Delay in Performance Testing Due To Force Majeure Must notify Administrator of delay in performance testing due to force majeure Yes. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 calendar days before the test Yes. § 63.7(b)(2) Notification of Rescheduling Must notify Administrator 5 calendar days before scheduled date of rescheduled date Yes. § 63.7(c) Quality Assurance(QA)/Test Plan Requirements; 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 Cannot conduct performance tests during SSM; not a violation to exceed standard during SSM No, § 63.8445 specifies requirements. § 63.7(e)(2)-(3) Conditions for Conducting Performance Tests Must conduct according to subpart and EPA test methods unless Administrator approves alternative; must have at least three test runs of at least 1 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(e)(4) Testing under Section 114 Administrator's authority to require testing under section 114 of the Act 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 calendar days after end of test with the notification of compliance status 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 subpart Yes. § 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of 40 CFR part 60 apply Yes. § 63.8(a)(3) [Reserved] No. § 63.8(a)(4) Monitoring with Flares Requirements for flares in § 63.11 apply No, not applicable. § 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 and reporting on monitoring systems Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintenance consistent with good air pollution control practices Yes. § 63.8(c)(1)(i) Routine and Predictable SSM Reporting requirements for SSM when action is described in SSMP No. § 63.8(c)(1)(ii) SSM not in SSMP Reporting requirements for SSM when action is not described in SSMP Yes. § 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements How Administrator determines if source complying with operation and maintenance requirements No. § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission and parameter measurements Yes. § 63.8(c)(4) CMS Requirements Requirements for CMS No, § 63.8450 specifies requirements. § 63.8(c)(5) Continuous Opacity Monitoring System (COMS) Minimum Procedures COMS minimum procedures No, not applicable. § 63.8(c)(6) CMS Requirements Zero and high level calibration check requirements Yes. § 63.8(c)(7)-(8) CMS Requirements Out-of-control periods Yes. § 63.8(d)(1) and (2) CMS Quality Control Requirements for CMS quality control Yes. § 63.8(d)(3) CMS Quality Control Written procedures for CMS No, § 63.8425(b)(9) specifies requirements § 63.8(e) CMS Performance Evaluation Requirements for CMS performance evaluation 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 test for continuous emissions monitoring systems (CEMS) No, not applicable. § 63.8(g) Data Reduction COMS and CEMS data reduction requirements No, not applicable. § 63.9(a) Notification Requirements Applicability; State delegation Yes. § 63.9(b) Initial Notifications Requirements for initial notifications § 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 calendar days prior Yes. § 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 calendar days prior No, not applicable. § 63.9(g)(1) Additional Notifications When Using CMS Notification of performance evaluation Yes. § 63.9(g)(2)-(3) Additional Notifications When Using CMS Notification of COMS data use; notification that relative accuracy alternative criterion were exceeded No, not applicable. § 63.9(h) Notification of Compliance Status Contents; submittal requirements 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 calendar 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 Applicability; general information Yes. § 63.10(b)(1) General Recordkeeping Requirements General requirements Yes. § 63.10(b)(2)(i) Records Related to SSM Recordkeeping of occurrence and duration of startups and shutdowns No. § 63.10(b)(2)(ii) Records Related to SSM Recordkeeping of failures to meet a standard No. See § 63.8490(c)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(b)(2)(iii) Records Related to SSM Maintenance records § 63.10(b)(2)(iv)-(v) Records Related to SSM Actions taken to minimize emissions during SSM No. § 63.10(b)(2)(vi)-(xii) and (xiv) CMS Records Records when CMS is malfunctioning, inoperative or out-of-control Yes. § 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test § 63.10(b)(3) Records Applicability Determinations Yes. § 63.10(c)(1)-(15) Records Additional records for CMS No, §§ 63.8425 and 63.8490 specify requirements § 63.10(d)(1) and (2) General Reporting Requirements Requirements for reporting; performance test results reporting Yes. § 63.10(d)(3) Reporting Opacity or VE Observations Requirements for reporting opacity and VE No, not applicable. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes. § 63.10(d)(5) SSM Reports Contents and submission. No. See § 63.8485(c)(9) for malfunction reporting requirements. § 63.10(e)(1)-(3) Additional CMS Reports Requirements for CMS reporting No, §§ 63.8425 and 63.8485 specify requirements. § 63.10(e)(4) Reporting COMS data Requirements for reporting COMS data with performance test data No, not applicable. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes. § 63.11 Flares Requirement for flares No, not applicable. § 63.12 Delegation State authority to enforce standards § 63.13 Addresses Addresses for reports, notifications, requests Yes. § 63.14 Incorporation by Reference Materials incorporated by reference Yes. § 63.15 Availability of Information Information availability; confidential information Yes. § 63.16 Performance Track Provisions Requirements for Performance Track member facilities Yes. [80 FR 65520, Oct. 26, 2015, as amended at 85 FR 73915, Nov. 19, 2020]