Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2025 | Updated by Findlaw Staff
As required in § 63.7140, you must comply with the applicable General Provisions requirements according to the following table:
|
Citation |
Summary of requirement |
Am I subject to this requirement? |
Explanations |
|---|---|---|---|
|
§ 63.1(a)(1)-(4) |
Applicability |
Yes |
|
|
§ 63.1(a)(5) |
No |
||
|
§ 63.1(a)(6) |
Applicability |
Yes |
|
|
§ 63.1(a)(7)-(a)(9) |
No |
||
|
§ 63.1(a)(10)-(a)(14) |
Applicability |
Yes |
|
|
§ 63.1(b)(1) |
Initial Applicability Determination |
Yes |
§§ 63.7081 and 63.7142 specify additional applicability determination requirements. |
|
§ 63.1(b)(2) |
No |
||
|
§ 63.1(b)(3) |
Initial Applicability Determination |
Yes |
|
|
§ 63.1(c)(1) |
Applicability After Standard Established |
Yes |
|
|
§ 63.1(c)(2) |
Permit Requirements |
No |
Area sources not subject to subpart AAAAA, except all sources must make initial applicability determination. |
|
§ 63.1(c)(3)-(4) |
No |
||
|
§ 63.1(c)(5) |
Area Source Becomes Major |
Yes |
|
|
§ 63.1(c)(6) |
Reclassification |
Yes |
|
|
§ 63.1(d) |
No |
||
|
§ 63.1(e) |
Applicability of Permit Program |
Yes |
|
|
§ 63.2 |
Definitions |
Yes |
Additional definitions in § 63.7143. |
|
§ 63.3(a)-(c) |
Units and Abbreviations |
Yes |
|
|
§ 63.4(a)(1)-(a)(2) |
Prohibited Activities |
Yes |
|
|
§ 63.4(a)(3)-(a)(5) |
No |
||
|
§ 63.4(b)-(c) |
Circumvention, Severability |
Yes |
|
|
§ 63.5(a)(1)-(2) |
Construction/Reconstruction |
Yes |
|
|
§ 63.5(b)(1) |
Compliance Dates |
Yes |
|
|
§ 63.5(b)(2) |
No |
||
|
§ 63.5(b)(3)-(4) |
Construction Approval, Applicability |
Yes |
|
|
§ 63.5(b)(5) |
No |
||
|
§ 63.5(b)(6) |
Applicability |
Yes |
|
|
§ 63.5(c) |
No |
||
|
§ 63.5(d)(1)-(4) |
Approval of Construction/Reconstruction |
Yes |
|
|
§ 63.5(e) |
Approval of Construction/Reconstruction |
Yes |
|
|
§ 63.5(f)(1)-(2) |
Approval of Construction/Reconstruction |
Yes |
|
|
§ 63.6(a) |
Compliance for Standards and Maintenance |
Yes |
|
|
§ 63.6(b)(1)-(5) |
Compliance Dates |
Yes |
|
|
§ 63.6(b)(6) |
No |
||
|
§ 63.6(b)(7) |
Compliance Dates |
Yes |
|
|
§ 63.6(c)(1)-(2) |
Compliance Dates |
Yes |
|
|
§ 63.6(c)(3)-(c)(4) |
No |
||
|
§ 63.6(c)(5) |
Compliance Dates |
Yes |
|
|
§ 63.6(d) |
No |
||
|
§ 63.6(e)(1)(i) |
General Duty to Minimize Emissions |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7100 for general duty requirement. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.6(e)(1)(ii) |
Requirement to Correct Malfunctions ASAP |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
|
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.6(e)(1)(iii) |
Operation and Maintenance Requirements |
Yes |
|
|
§ 63.6(e)(2) |
No |
[Reserved]. |
|
|
§ 63.6(e)(3) |
Startup, Shutdown Malfunction Plan |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), the OM&M plan must address periods of startup and shutdown. See § 63.7100(d). |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.6(f)(1) |
SSM exemption |
No |
See § 63.7100. For periods of startup and shutdown, see § 63.7090(c). |
|
§ 63.6(f)(2)-(3) |
Methods for Determining Compliance |
Yes |
|
|
§ 63.6(g)(1)-(g)(3) |
Alternative Standard |
Yes |
|
|
§ 63.6(h)(1) |
SSM exemption |
No |
See § 63.7100. For periods of startup and shutdown, see § 63.7090(c). |
|
§ 63.6(h)(2) |
Methods for Determining Compliance |
Yes |
|
|
§ 63.6(h)(3) |
No |
||
|
§ 63.6(h)(4)-(h)(5)(i) |
Opacity/VE Standards |
Yes |
This requirement only applies to opacity and VE performance checks required in Table 4 to subpart AAAAA. |
|
§ 63.6(h)(5) (ii)-(iii) |
Opacity/VE Standards |
No |
Test durations are specified in subpart AAAAA; subpart AAAAA takes precedence. |
|
§ 63.6(h)(5)(iv) |
Opacity/VE Standards |
No |
|
|
§ 63.6(h)(5)(v) |
Opacity/VE Standards |
Yes |
|
|
§ 63.6(h)(6) |
Opacity/VE Standards |
Yes |
|
|
§63.6(h)(7) |
COM Use |
Yes |
|
|
§63.6(h)(8) |
Compliance with Opacity and VE |
Yes |
|
|
§63.6(h)(9) |
Adjustment of Opacity Limit |
Yes |
|
|
§63.6(i)(1)-(i)(14) |
Extension of Compliance |
Yes |
|
|
§63.6(i)(15) |
No |
||
|
§63.6(i)(16) |
Extension of Compliance |
Yes |
|
|
§63.6(j) |
Exemption from Compliance |
Yes |
|
|
§63.7(a)(1)-(a)(3) |
Performance Testing Requirements |
Yes |
§63.7110 specifies deadlines; § 63.7112 has additional specific requirements. |
|
§63.7(b) |
Notification |
Yes |
|
|
§63.7(c) |
Quality Assurance/Test Plan |
Yes |
|
|
§63.7(d) |
Testing Facilities |
Yes |
|
|
§63.7(e)(1) |
Conduct of Tests |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7112(b). |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.7(e)(2)-(4) |
Conduct of Tests |
Yes |
|
|
§ 63.7(f) |
Alternative Test Method |
Yes |
|
|
§ 63.7(g) |
Data Analysis |
Yes |
|
|
§ 63.7(h) |
Waiver of Tests |
Yes |
|
|
§ 63.8(a)(1) |
Monitoring Requirements |
Yes |
See § 63.7113. |
|
§ 63.8(a)(2) |
Monitoring |
Yes |
|
|
§ 63.8(a)(3) |
No |
||
|
§ 63.8(a)(4) |
Monitoring |
No |
Flares not applicable. |
|
§ 63.8(b)(1)-(3) |
Conduct of Monitoring |
Yes |
|
|
§ 63.8(c)(1)(i) |
CMS Operation/Maintenance |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7100 for OM&M requirements. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.8(c)(1)(ii) |
CMS Spare Parts |
Yes |
|
|
§ 63.8(c)(1)(iii) |
Requirement to Develop SSM Plan for CMS |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), no longer required. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.8(c)(2)-(3) |
CMS Operation/Maintenance |
Yes |
|
|
§ 63.8(c)(4) |
CMS Requirements |
No |
See § 63.7121. |
|
§ 63.8(c)(4)(i)-(ii) |
Cycle Time for COM and CEMS |
Yes |
No CEMS are required under subpart AAAAA; see § 63.7113 for CPMS requirements. |
|
§ 63.8(c)(5) |
Minimum COM procedures |
Yes |
COM not required. |
|
§ 63.8(c)(6) |
CMS Requirements |
No |
See § 63.7113. |
|
§ 63.8(c)(7)-(8) |
CMS Requirements |
Yes |
|
|
§ 63.8(d)(1)-(2) |
Quality Control |
Yes |
See also § 63.7113. |
|
§ 63.8(d)(3) |
Quality Control |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
|
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.8(e) |
Performance Evaluation for CMS |
Yes |
See also § 63.7113. |
|
§ 63.8(f)(1)-(f)(5) |
Alternative Monitoring Method |
Yes |
|
|
§ 63.8(f)(6) |
Alternative to Relative Accuracy Test for CEMS |
No |
No CEMS required in subpart AAAAA. |
|
§ 63.8(g)(1)-(g)(5) |
Data Reduction; Data That Cannot Be Used |
No |
See data reduction requirements in §§ 63.7120 and 63.7121. |
|
§ 63.9(a) |
Notification Requirements |
Yes |
See § 63.7130. |
|
§ 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 VE/Opacity Test |
Yes |
This requirement only applies to opacity and VE performance tests required in Table 5 to subpart AAAAA. Notification not required for VE/opacity test under Table 7 to subpart AAAAA. |
|
§ 63.9(g) |
Additional CMS Notifications |
No |
Not required for operating parameter monitoring. |
|
§ 63.9(h)(1)-(h)(3) |
Notification of Compliance Status |
Yes |
|
|
§ 63.9(h)(4) |
No |
||
|
§ 63.9(h)(5)-(h)(6) |
Notification of Compliance Status |
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 General Requirements |
Yes |
See §§ 63.7131 through 63.7133. |
|
§ 63.10(b)(1) |
Records |
Yes |
|
|
§ 63.10(b)(2)(i) |
Recordkeeping of Occurrence and Duration of Startups and Shutdowns |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
|
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.10(b)(2)(ii) |
Recordkeeping of Failures to Meet a Standard |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7132 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. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.10(b)(2)(iii) |
Maintenance Records |
Yes |
|
|
§ 63.10(b)(2)(iv)-(v) |
Actions Taken to Minimize Emissions During SSM |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7100 for OM&M requirements. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.10(b)(2)(vi)-(xii) |
Recordkeeping for CMS |
Yes |
|
|
§ 63.10(b)(2)(xiii) |
Records for Relative Accuracy Test |
No |
|
|
§ 63.10(b)(2)(xiv) |
Records for Notification |
Yes |
|
|
§ 63.10(b)(3) |
Applicability Determinations |
Yes |
|
|
§ 63.10(c) |
Additional CMS Recordkeeping |
No |
See § 63.7132. |
|
§ 63.10(d)(1) |
General Reporting Requirements |
Yes |
|
|
§ 63.10(d)(2) |
Performance Test Results |
Yes |
|
|
§ 63.10(d)(3) |
Opacity or VE Observations |
Yes |
For the periodic monitoring requirements in Table 7 to subpart AAAAA, report according to § 63.10(d)(3) only if VE observed and subsequent visual opacity test is required. |
|
§ 63.10(d)(4) |
Progress Reports |
Yes |
|
|
§ 63.10(d)(5)(i) |
Periodic Startup, Shutdown, Malfunction Reports |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
On and after the relevant compliance date for your source as specified in § 63.7083(e), see § 63.7131 for malfunction reporting requirements. |
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.10(d)(5)(ii) |
Immediate Startup, Shutdown, Malfunction Reports |
Yes before the relevant compliance date for your source as specified in § 63.7083(e) |
|
|
No on and after the relevant compliance date for your source as specified in § 63.7083(e) |
|||
|
§ 63.10(e) |
Additional CMS Reports |
No |
See specific requirements in subpart AAAAA, see § 63.7131. |
|
§ 63.10(f) |
Waiver for Recordkeeping/Reporting |
Yes |
|
|
§ 63.11(a)-(b) |
Control Device and Work Practice Requirements |
No |
Flares not applicable. |
|
§ 63.12(a)-(c) |
State Authority and Delegations |
Yes |
|
|
§ 63.13(a)-(c) |
State/Regional Addresses |
Yes |
|
|
§ 63.14(a)-(b) |
Incorporation by Reference |
No |
|
|
§ 63.15(a)-(b) |
Availability of Information and Confidentiality |
Yes |
|
|
§ 63.16 |
Performance Track Provisions |
Yes |
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment 40 CFR Pt. 63, Subpt. AAAAA, Tbl. 9 Table 9 to Subpart AAAAA of Part 63—Applicability of General Provisions to Subpart AAAAA - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-pt-40-63-subpt-aaaaa-tbl-9/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)