Table 1 to Subpart MM of Part 63 - General Provisions Applicability to Subpart MM

Table 1 to Subpart MM of Part 63 - General Provisions Applicability to Subpart MM

General provisions reference	Summary of requirements	Applies to subpart MM	Explanation
63.1(a)(1)	General applicability of the General Provisions	Yes	Additional terms defined in § 63.861; when overlap between subparts A and MM of this part, subpart MM takes precedence.
63.1(a)(2)-(14)	General applicability of the General Provisions	Yes
63.1(b)(1)	Initial applicability determination	No	Subpart MM specifies the applicability in § 63.860.
63.1(b)(2)	Title V operating permit - see 40 CFR part 70	Yes	All major affected sources are required to obtain a title V permit.
63.1(b)(3)	Record of the applicability determination	No	All affected sources are subject to subpart MM according to the applicability definition of subpart MM.
63.1(c)(1)	Applicability of subpart A of this part after a relevant standard has been set	Yes	Subpart MM clarifies the applicability of each paragraph of subpart A of this part to sources subject to subpart MM.
63.1(c)(2)	Title V permit requirement	Yes	All major affected sources are required to obtain a title V permit. There are no area sources in the pulp and paper mill source category.
63.1(c)(3)	[Reserved]	No
63.1(c)(4)	Requirements for existing source that obtains an extension of compliance	Yes
63.1(c)(5)	Notification requirements for an area source that increases HAP emissions to major source levels	Yes
63.1(c)(6)	Reclassification	Yes
63.1(d)	[Reserved]	No
63.1(e)	Applicability of permit program before a relevant standard has been set	Yes
63.2	Definitions	Yes	Additional terms defined in § 63.861; when overlap between subparts A and MM of this part occurs, subpart MM takes precedence.
63.3	Units and abbreviations	Yes
63.4	Prohibited activities and circumvention	Yes
63.5(a)	Construction and reconstruction - applicability	Yes
63.5(b)(1)	Upon construction, relevant standards for new sources	Yes
63.5(b)(2)	[Reserved]	No
63.5(b)(3)	New construction/reconstruction	Yes
63.5(b)(4)	Construction/reconstruction notification	Yes
63.5(b)(5)	Construction/reconstruction compliance	Yes
63.5(b)(6)	Equipment addition or process change	Yes
63.5(c)	[Reserved]	No
63.5(d)	Application for approval of construction/reconstruction	Yes
63.5(e)	Construction/reconstruction approval	Yes
63.5(f)	Construction/reconstruction approval based on prior State preconstruction review	Yes
63.6(a)(1)	Compliance with standards and maintenance requirements - applicability	Yes
63.6(a)(2)	Requirements for area source that increases emissions to become major	Yes
63.6(b)	Compliance dates for new and reconstructed sources	Yes
63.6(c)	Compliance dates for existing sources	Yes, except for sources granted extensions under 63.863(c)	Subpart MM specifically stipulates the compliance schedule for existing sources.
63.6(d)	[Reserved]	No
63.6(e)(1)(i)	General duty to minimize emissions	No	See § 63.860(d) for general duty requirement.
63.6(e)(1)(ii)	Requirement to correct malfunctions ASAP	No
63.6(e)(1)(iii)	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)	No
63.6(f)(1)	Compliance with nonopacity emissions standards except during SSM	No
63.6(f)(2)-(3)	Methods for determining compliance with nonopacity emissions standards	Yes
63.6(g)	Compliance with alternative nonopacity emissions standards	Yes
63.6(h)(1)	Compliance with opacity and visible emissions (VE) standards except during SSM	No
63.6(h)(2)-(9)	Compliance with opacity and VE standards	Yes	Subpart MM does not contain any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements.
63.6(i)	Extension of compliance with emissions standards	Yes
63.6(j)	Exemption from compliance with emissions standards	Yes
63.7(a)(1)	Performance testing requirements - applicability	Yes
63.7(a)(2)	Performance test dates	Yes
63.7(a)(3)	Performance test requests by Administrator under CAA section 114	Yes
63.7(a)(4)	Notification of delay in performance testing due to force majeure	Yes
63.7(b)(1)	Notification of performance test	Yes
63.7(b)(2)	Notification of delay in conducting a scheduled performance test	Yes
63.7(c)	Quality assurance program	Yes
63.7(d)	Performance testing facilities	Yes
63.7(e)(1)	Conduct of performance tests	No	See § 63.865.
63.7(e)(2)-(3)	Conduct of performance tests	Yes
63.7(e)(4)	Testing under section 114	Yes
63.7(f)	Use of an alternative test method	Yes
63.7(g)	Data analysis, recordkeeping, and reporting	Yes
63.7(h)	Waiver of performance tests	Yes	§ 63.865(c)(1) specifies the only exemption from performance testing allowed under subpart MM.
63.8(a)(1)	Monitoring requirements - applicability	Yes	See § 63.864.
63.8(a)(2)	Performance Specifications	Yes
63.8(a)(3)	[Reserved]	No
63.8(a)(4)	Monitoring with flares	No	The use of flares to meet the standards in subpart MM is not anticipated.
63.8(b)(1)	Conduct of monitoring	Yes	See § 63.864.
63.8(b)(2)-(3)	Specific requirements for installing and reporting on monitoring systems	Yes
63.8(c)(1)	Operation and maintenance of CMS	Yes	See § 63.864.
63.8(c)(1)(i)	General duty to minimize emissions and CMS operation	No
63.8(c)(1)(ii)	Reporting requirements for SSM when action not described in SSMP	Yes
63.8(c)(1)(iii)	Requirement to develop SSM plan for CMS	No
63.8(c)(2)-(3)	Monitoring system installation	Yes
63.8(c)(4)	CMS requirements	Yes
63.8(c)(5)	Continuous opacity monitoring system (COMS) minimum procedures	Yes
63.8(c)(6)	Zero and high level calibration check requirements	Yes
63.8(c)(7)-(8)	Out-of-control periods	Yes
63.8(d)(1)-(2)	CMS quality control program	Yes	See § 63.864.
63.8(d)(3)	Written procedures for CMS	No	See § 63.864(f).
63.8(e)(1)	Performance evaluation of CMS	Yes
63.8(e)(2)	Notification of performance evaluation	Yes
63.8(e)(3)	Submission of site-specific performance evaluation test plan	Yes
63.8(e)(4)	Conduct of performance evaluation and performance evaluation dates	Yes
63.8(e)(5)	Reporting performance evaluation results	Yes
63.8(f)	Use of an alternative monitoring method	Yes
63.8(g)	Reduction of monitoring data	Yes
63.9(a)	Notification requirements - applicability and general information	Yes
63.9(b)	Initial notifications	Yes
63.9(c)	Request for extension of compliance	Yes
63.9(d)	Notification that source subject to special compliance requirements	Yes
63.9(e)	Notification of performance test	Yes
63.9(f)	Notification of opacity and VE observations	Yes	Subpart MM does not contain any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements.
63.9(g)(1)	Additional notification requirements for sources with CMS	Yes
63.9(g)(2)	Notification of compliance with opacity emissions standard	Yes	Subpart MM does not contain any opacity or VE emissions standards; however, § 63.864 specifies opacity monitoring requirements.
63.9(g)(3)	Notification that criterion to continue use of alternative to relative accuracy testing has been exceeded	Yes
63.9(h)	Notification of compliance status	Yes
63.9(i)	Adjustment to time periods or postmark deadlines for submittal and review of required communications	Yes
63.9(j)	Change in information already provided	Yes
63.9(k)	Electronic reporting procedures	Yes	Only as specified in § 63.9(j).
63.10(a)	Recordkeeping requirements - applicability and general information	Yes	See § 63.866.
63.10(b)(1)	Records retention	Yes
63.10(b)(2)(i)	Recordkeeping of occurrence and duration of startups and shutdowns	No
63.10(b)(2)(ii)	Recordkeeping of failures to meet a standard	No	See § 63.866(d) 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	Yes
63.10(b)(2)(iv)-(v)	Actions taken to minimize emissions during SSM	No
63.10(b)(2)(vi)	Recordkeeping for CMS malfunctions	Yes
63.10(b)(2)(vii)-(xiv)	Other CMS requirements	Yes
63.10(b)(3)	Records retention for sources not subject to relevant standard	Yes	Applicability requirements are given in § 63.860.
63.10(c)(1)-(14)	Additional recordkeeping requirements for sources with CMS	Yes
63.10(c)(15)	Use of SSM plan	No
63.10(d)(1)	General reporting requirements	Yes
63.10(d)(2)	Reporting results of performance tests	Yes
63.10(d)(3)	Reporting results of opacity or VE observations	Yes	Subpart MM does not include any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements.
63.10(d)(4)	Progress reports	Yes
63.10(d)(5)(i)	Periodic startup, shutdown, and malfunction reports	No	See § 63.867(c)(3) for malfunction reporting requirements.
63.10(d)(5)(ii)	Immediate startup, shutdown, and malfunction reports	No	See § 63.867(c)(3) for malfunction reporting requirements.
63.10(e)(1)	Additional reporting requirements for sources with CMS - General	Yes
63.10(e)(2)	Reporting results of CMS performance evaluations	Yes
63.10(e)(3)(i)-(iv)	Requirement to submit excess emissions and CMS performance report and/or summary report and frequency of reporting	No	§ 63.867(c)(1) and (3) require submittal of the excess emissions and CMS performance report and/or summary report on a semiannual basis.
63.10(e)(3)(v)	General content and submittal dates for excess emissions and monitoring system performance reports	Yes
63.10(e)(3)(vi)	Specific summary report content	No	§ 63.867(c)(1) specifies the summary report content.
63.10(e)(3)(vii)-(viii)	Conditions for submitting summary report versus detailed excess emission report	No	§ 63.867(c)(1) and (3) specify the conditions for submitting the summary report or detailed excess emissions and CMS performance report.
63.10(e)(4)	Reporting continuous opacity monitoring system data produced during a performance test	Yes
63.10(f)	Waiver of recordkeeping and reporting requirements	Yes
63.11	Control device requirements for flares	No	The use of flares to meet the standards in subpart MM is not anticipated.
63.12	State authority and delegations	Yes
63.13	Addresses of State air pollution control agencies and EPA Regional Offices	Yes
63.14	Incorporations by reference	Yes
63.15	Availability of information and confidentiality	Yes
63.16	Requirements for Performance Track member facilities	Yes

[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 82 FR 47353, Oct. 11, 2017; 85 FR 73896, Nov. 19, 2020]