Table 7 to Subpart NNNNN of Part 63 - Applicability of General Provisions to Subpart NNNNN  


Latest version.
  • Table 7 to Subpart NNNNN of Part 63 - Applicability of General Provisions to Subpart NNNNN

    As stated in § 63.9065, you must comply with the applicable General Provisions requirements according to the following:

    Citation Requirement Applies to subpart NNNNN Explanation
    § 63.1 Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications Yes.
    § 63.2 Definitions Yes Additional definitions are found in § 63.9075.
    § 63.3 Units and abbreviations Yes.
    § 63.4 Prohibited activities; compliance date; circumvention, severability Yes.
    § 63.5 Construction/reconstruction applicability; applications; approvals Yes.
    § 63.6(a) Compliance with standards and maintenance requirements-applicability Yes.
    § 63.6(b)(1)-(4) Compliance dates for new or reconstructed sources Yes § 63.8995 specifies compliance dates.
    § 63.6(b)(5) Notification if commenced construction or reconstruction after proposal Yes.
    § 63.6(b)(6) [Reserved] Yes.
    § 63.6(b)(7) Compliance dates for new or reconstructed area sources that become major Yes § 63.8995 specifies compliance dates.
    § 63.6(c)(1)-(2) Compliance dates for existing sources Yes § 63.8995 specifies compliance dates.
    § 63.6(c)(3)-(4) [Reserved] Yes.
    § 63.6(c)(5) Compliance dates for existing area sources that become major Yes § 63.8995 specifies compliance dates.
    § 63.6(d) [Reserved] Yes.
    § 63.6(e)(1)(i) General Duty to minimize emissions No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter Subpart NNNNN requires affected units to meet emissions standards at all times. See § 63.9005(b) for general duty requirement.
    § 63.6(e)(1)(ii) Requirement to correct malfunctions ASAP No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.6(e)(1)(iii)-(e)(2) Operation and maintenance requirements Yes
    § 63.6(e)(3) Startup, Shutdown, and Malfunction Plans No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.6(f)(1) Compliance except during startup, shutdown, and malfunction No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.6(f)(2)-(3) Methods for determining compliance Yes.
    § 63.6(g) Use of an alternative non-opacity emission standard Yes.
    § 63.6(h) Compliance with opacity/visible emission standards No Subpart NNNNN does not specify opacity or visible emission standards.
    § 63.6(i) Extension of compliance with emission standards Yes.
    § 63.6(j) Presidential compliance exemption Yes.
    § 63.7(a)(1)-(2) Performance test dates Yes Except for existing affected sources as specified in § 63.9010(b).
    § 63.7(a)(3) Administrator's Clean Air Act section 114 authority to require a performance test Yes.
    § 63.7(b) Notification of performance test and rescheduling Yes.
    § 63.7(c) Quality assurance program and site-specific test plans Yes.
    § 63.7(d) Performance testing facilities Yes.
    § 63.7(e)(1) Conditions for conducting performance tests No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter See § 63.9020(a) for performance testing requirements.
    § 63.7(f) Use of an alternative test method Yes.
    § 63.7(g) Performance test data analysis, recordkeeping, and reporting Yes.
    § 63.7(h) Waiver of performance tests Yes.
    § 63.8(a)(1)-(3) Applicability of monitoring requirements Yes Additional monitoring requirements are found in § 63.9005(d) and 63.9035.
    63.8(a)(4) Monitoring with flares No Subpart NNNNN does not refer directly or indirectly to § 63.11.
    § 63.8(b) Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systems 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 February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.8(c)(1)(ii) Continuous monitoring system O&M Yes Applies as modified by § 63.9005(d).
    § 63.8(c)(1)(iii) Requirement to develop Startup, Shutdown, and Malfunction Plan for CMS No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.8(c)(2)-(3) Continuous monitoring system O&M Yes Applies as modified by § 63.9005(d)
    § 63.8(c)(4) Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts Yes Applies as modified by § 63.9005(d).
    § 63.8(c)(5) Continuous opacity monitoring system (COMS) minimum procedures No Subpart NNNNN does not have opacity or visible emission standards.
    § 63.8(c)(6) Zero and high level calibration checks Yes Applies as modified by § 63.9005(d).
    § 63.8(c)(7)-(8) Out-of-control periods, including reporting Yes.
    § 63.8(d)(1)-(2) Quality control program and CMS performance evaluation Yes Applies as modified by § 63.9005(d).
    § 63.8(d)(3) Written procedures for CMS No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter See § 63.9005(d)(5) for written procedures for CMS.
    § 63.8(e) Performance evaluation of CMS Yes Applies as modified by § 63.9005(d).
    § 63.8(f)(1)-(5) Use of an alternative monitoring method Yes.
    § 63.8(f)(6) Alternative to relative accuracy test No Only applies to sources that use continuous emissions monitoring systems (CEMS).
    § 63.8(g) Data reduction Yes Applies as modified by § 63.9005(d).
    § 63.9(a) Notification requirements - applicability Yes.
    § 63.9(b) Initial notifications Yes Except § 63.9045(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial notification.
    § 63.9(c) Request for compliance extension Yes.
    § 63.9(d) Notification that a new source is subject to special compliance requirements Yes.
    § 63.9(e) Notification of performance test Yes.
    § 63.9(f) Notification of visible emissions/opacity test No Subpart NNNNN does not have opacity or visible emission standards.
    § 63.9(g)(1) Additional CMS notifications - date of CMS performance evaluation Yes.
    § 63.9(g)(2) Use of COMS data No Subpart NNNNN does not require the use of COMS.
    § 63.9(g)(3) Alternative to relative accuracy testing No Applies only to sources with CEMS.
    § 63.9(h) Notification of compliance status Yes Except the submission date specified in § 63.9(h)(2)(ii) is superseded by the date specified in § 63.9045(f).
    § 63.9(i) Adjustment of submittal 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 §§ 63.9055 and 63.9060 specify additional recordkeeping requirements.
    § 63.10(b)(2)(i)-(ii) Records related to startup, shutdown, and malfunction periods No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter See 63.9055 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) Actions taken to minimize emissions during startup, shutdown, and malfunction No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.10(b)(2)(v) Actions taken to minimize emissions during startup, shutdown, and malfunction No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions Yes
    § 63.10(b)(2)(vii)-(xi) Records for performance tests and CMS Yes
    § 63.10(b)(2)(xii) Records when under waiver Yes.
    § 63.10(b)(2)(xiii) Records when using alternative to relative accuracy test No Applies only to sources with CEMS.
    § 63.10(b)(2)(xiv) All documentation supporting initial notification and notification of compliance status Yes.
    § 63.10(b)(3) Recordkeeping requirements for applicability determinations Yes.
    § 63.10(c)(1)-(14) Additional recordkeeping requirements for sources with CMS Yes Applies as modified by § 63.9005 (d).
    § 63.10(c)(15) Use of Startup, Shutdown, and Malfunction Plan No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
    § 63.10(d)(1) General reporting requirements Yes § 63.9050 specifies additional reporting requirements.
    § 63.10(d)(2) Performance test results Yes § 63.9045(f) specifies submission date.
    § 63.10(d)(3) Opacity or visible emissions observations No Subpart NNNNN does not specify opacity or visible emission standards.
    § 63.10(d)(4) Progress reports for sources with compliance extensions Yes.
    § 63.10(d)(5) Startup, shutdown, and malfunction reports No, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter See § 63.9050(c)(5) for malfunction reporting requirements.
    § 63.10(e)(1) Additional CMS reports - general Yes Applies as modified by § 63.9005(d).
    § 63.10(e)(2)(i) Results of CMS performance evaluations Yes Applies as modified by § 63.9005(d).
    § 63.10(e)(2) Results of COMS performance evaluations No Subpart NNNNN does not require the use of COMS.
    § 63.10(e)(3) Excess emissions/CMS performance reports Yes.
    § 63.10(e)(4) Continuous opacity monitoring system data reports No Subpart NNNNN does not require the use of COMS.
    § 63.10(f) Recordkeeping/reporting waiver Yes.
    § 63.11 Control device requirements - applicability No Facilities subject to subpart NNNNN do not use flares as control devices.
    § 63.12 State authority and delegations Yes § 63.9070 lists those sections of subparts NNNNN and A that are not delegated.
    § 63.13 Addresses Yes.
    § 63.14 Incorporation by reference Yes Subpart NNNNN does not incorporate any material by reference.
    § 63.15 Availability of information/confidentiality Yes.

    [68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17748, Apr. 7, 2006; 85 FR 20871, Apr. 15, 2020; 85 FR 73916, Nov. 19, 2020]