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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 XXXX - National Emissions Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing |
Table 17 to Subpart XXXX of Part 63 - Applicability of General Provisions to This Subpart XXXX
Latest version.
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Table 17 to Subpart XXXX of Part 63 - Applicability of General Provisions to This Subpart XXXX
Before January 21, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:
Citation Subject Brief description of applicable sections Applicable to Subpart XXXX? Using a control device Not using a control device § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications Yes Yes. § 63.2 Definitions Definitions for part 63 standards Yes Yes. § 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes Yes. § 63.4 Prohibited Activities Prohibited activities; compliance date; circumvention; severability Yes Yes. § 63.5 Construction/Reconstruction Applicability; applications; approvals Yes Yes. § 63.6(a) Applicability GP apply unless compliance extension; GP apply to area sources that become major Yes 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 CAA section 112(f) Yes Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources that Become Major No No. § 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 CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes 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 Yes. § 63.6(d) [Reserved] § 63.6(e)(1)-(2) Operation & Maintenance Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met Yes Yes. § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan Yes No. § 63.6(f)(1) Compliance Except During Startup, Shutdown, and Malfunction No. See § 63.5990(a) No. § 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test; operation and maintenance plans; records; inspection Yes Yes. § 63.6(g)(1)-(3) Alternative Standard Procedures for getting an alternative standard Yes Yes. § 63.6(h) Opacity/Visible Emission (VE) Standards No No. § 63.6(i) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with rule Yes Yes. § 63.7(a)(1)-(2) Performance Test Dates No No. § 63.7(a)(3) CAA section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes No. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes No. § 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 No. § 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; and internal and external quality assurance procedures for testing Yes No. § 63.7(d) Testing Facilities Requirements for testing facilities Yes No. § 63.7(e)(1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction; not a violation to exceed standard during startup, shutdown, and malfunction Yes No. § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to rule and the EPA test methods unless Administrator approves alternative Yes No. § 63.7(e)(3) Test Run Duration Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; and conditions when data from an additional test run can be used Yes No. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes No. § 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 report; and keep data for 5 years Yes No. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes No. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes Yes. § 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of 40 CFR part 60 apply Yes No. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares No No. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes 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 emission point, must report all monitoring system results, unless one monitoring system is a backup Yes Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Applies as modified by § 63.5990(e) and (f) No. § 63.8(c)(1)(i) Routine and Predictable Startup, Shutdown, and Malfunction No No. § 63.8(c)(1)(ii) Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan No No. § 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements How Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system Yes Yes. § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission and parameter measurements; must verify operational status before or at performance test Yes No. § 63.8(c)(4) CMS Requirements Applies as modified by § 63.5990(f) No. § 63.8(c)(5) Continuous Opacity Monitoring Systems Minimum Procedures No No. § 63.8(c)(6) CMS Requirements Applies as modified by § 63.5990(e) No. § 63.8(c)(7)-(8) CMS Requirements Out-of-control periods, including reporting Yes No. § 63.8(d) CMS Quality Control Applies as modified by § 63.5990(e) and (f) No. § 63.8(e) CMS Performance Evaluation No No. § 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes Yes. § 63.8(f)(6) Alternative to Relative Accuracy Test No No. § 63.8(g) Data Reduction Applies as modified by § 63.5990(f) No. § 63.9(a) Notification Requirements Applicability and state delegation Yes 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; and contents of each Yes Yes. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate Yes 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 Yes. § 63.9(e) Notification of Performance Test Notify Administrator 60 days prior Yes No. § 63.9(f) Notification of VE/Opacity Test No No § 63.9(g) Additional Notifications When Using CMS No No § 63.9(h) Notification of Compliance Status Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority Yes Yes. § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes Yes. § 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes 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 Yes. § 63.10(b)(1) Recordkeeping/Reporting General Requirements; keep all records readily available; and keep for 5 years. Yes Yes. § 63.10(b)(2)(i)-(iv) Records related to Startup, Shutdown, and Malfunction Yes No § 63.10(b)(2)(vi) and (x)-(xi) CMS Records Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance Yes No. § 63.10(b)(2)(vii)-(ix) Records Measurements to demonstrate compliance with emission limitations; -performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations Yes Yes. § 63.10(b)(2)(xii) Records Records when under waiver Yes Yes. § 63.10(b)(2)(xiii) Records No No. § 63.10(b)(2)(xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Yes Yes. § 63.10(b)(3) Records Applicability determinations Yes Yes. § 63.10(c) Records No No. § 63.10(d)(1) General Reporting Requirements Requirement to report Yes Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to Federal or State authority Yes No. § 63.10(d)(3) Reporting Opacity or VE Observations No No. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes Yes. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Yes No. § 63.10(e) Additional CMS Reports No No. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes Yes. § 63.11 Flares No No. § 63.12 Delegation State authority to enforce standards Yes Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes Yes. § 63.14 Incorporation by Reference Test methods incorporated by reference Yes Yes. § 63.15 Availability of Information Public and confidential information Yes Yes. After January 20, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:
Citation Subject Brief description of applicable sections Applicable to Subpart XXXX? Using a control device Not using a control device § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications Yes Yes. § 63.2 Definitions Definitions for part 63 standards Yes Yes. § 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes Yes. § 63.4 Prohibited Activities Prohibited activities; compliance date; circumvention; severability Yes Yes. § 63.5 Construction/Reconstruction Applicability; applications; approvals Yes Yes. § 63.6(a) Applicability GP apply unless compliance extension; GP apply to area sources that become major Yes 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 CAA section 112(f) Yes Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources that Become Major No No. § 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 CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes 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 Yes. § 63.6(d) [Reserved] § 63.6(e)(1)(i)-(ii) Operations and Maintenance No No. § 63.6(e)(1)(iii)-(2) Operation and Maintenance Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met Yes Yes. § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan No No. § 63.6(f)(1) Startup, Shutdown, and Malfunction Exemption No. See § 63.5990(a) No. § 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test; operation and maintenance plans; records; inspection Yes Yes. § 63.6(g)(1)-(3) Alternative Standard Procedures for getting an alternative standard Yes Yes. § 63.6(h) Opacity/Visible Emissions (VE) Standards No No. § 63.6(i) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with rule Yes Yes. § 63.7(a)(1)-(2) Performance Test Dates No No. § 63.7(a)(3) CAA section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes No. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes No. § 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 No. § 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; and internal and external quality assurance procedures for testing Yes No. § 63.7(d) Testing Facilities Requirements for testing facilities Yes No. § 63.7(e)(1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction No No. § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to rule and the EPA test methods unless Administrator approves alternative Yes No. § 63.7(e)(3) Test Run Duration Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; and conditions when data from an additional test run can be used Yes No. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes No. § 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 report; and keep data for 5 years Yes No. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes No. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes Yes. § 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of 40 CFR part 60 apply Yes No. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares No No. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes 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 emission point, must report all monitoring system results, unless one monitoring system is a backup Yes Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Applies as modified by § 63.5990(e) and (f) No. § 63.8(c)(1)(i) Routine and Predictable Startup, Shutdown, and Malfunction No No. § 63.8(c)(1)(ii) Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan No No. § 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements How the Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system No No. § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission and parameter measurements; must verify operational status before or at performance test Yes No. § 63.8(c)(4) CMS Requirements Applies as modified by § 63.5990(f) No. § 63.8(c)(5) Continuous Opacity Monitoring Systems Minimum Procedures No No. § 63.8(c)(6) CMS Requirements Applies as modified by § 63.5990(e) No. § 63.8(c)(7)-(8) CMS Requirements Out-of-control periods, including reporting Yes No. § 63.8(d) CMS Quality Control Applies as modified by § 63.5990(e) and (f) No. § 63.8(d)(3) Written Procedures for CMS No No. § 63.8(e) CMS Performance Evaluation No No. § 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes Yes. § 63.8(f)(6) Alternative to Relative Accuracy Test No No. § 63.8(g) Data Reduction Applies as modified by § 63.5990(f) No. § 63.9(a) Notification Requirements Applicability and state delegation Yes 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; and contents of each Yes Yes. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate Yes 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 Yes. § 63.9(e) Notification of Performance Test Notify Administrator 60 days prior Yes No. § 63.9(f) Notification of VE/Opacity Test No No. § 63.9(g) Additional Notifications When Using CMS No No. § 63.9(h) Notification of Compliance Status Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority Yes Yes. § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes Yes. § 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes 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 Yes. § 63.10(b)(1) Recordkeeping/Reporting General Requirements; keep all records readily available; and keep for 5 years Yes Yes. § 63.10(b)(2)(i) and (iv-v) Records related to Startup, Shutdown, and Malfunction No No. § 63.10(b)(2)(ii) Recordkeeping of failures to meet a standard No. See 63.6010 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), (vi), and (x)-(xi) CMS Records Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance Yes No. § 63.10(b)(2)(vii)-(ix) Records Measurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations Yes Yes. § 63.10(b)(2)(xii) Records Records when under waiver Yes Yes. § 63.10(b)(2)(xiii) Records No No. § 63.10(b)(2)(xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Yes Yes. § 63.10(b)(3) Records Applicability determinations Yes Yes. § 63.10(c) Records No No. § 63.10(d)(1) General Reporting Requirements Requirement to report Yes Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to Federal or State authority Yes No. § 63.10(d)(3) Reporting Opacity or VE Observations No No. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes Yes. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports No No. § 63.10(e) Additional CMS Reports No No. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes Yes. § 63.11 Flares No No. § 63.12 Delegation State authority to enforce standards Yes Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes Yes. § 63.14 Incorporation by Reference Test methods incorporated by reference Yes Yes. § 63.15 Availability of Information Public and confidential information Yes Yes. [85 FR 44765, July 24, 2020]