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Current as of January 02, 2025 | Updated by Findlaw Staff
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Table 1 to Subpart MM of Part 63—General Provisions Applicability to Subpart MM |
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|---|---|---|---|
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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. |
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63.3 |
Units and abbreviations |
Yes |
|
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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 |
|
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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 |
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|
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 |
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|
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 |
|
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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 |
|
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63.7(a)(4) |
Notification of delay in performance testing due to force majeure |
Yes |
|
|
63.7(b)(1) |
Notification of performance test |
Yes |
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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 |
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63.7(e)(1) |
Conduct of performance tests |
No |
See § 63.865. |
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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 |
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|
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. |
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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. |
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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). |
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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 |
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|
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 |
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|
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 |
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment 40 CFR Pt. 63, Subpt. MM, Tbl. 1 Table 1 to Subpart MM of Part 63—General Provisions Applicability to Subpart MM - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-pt-40-63-subpt-mm-tbl-1/
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