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Current as of January 02, 2025 | Updated by Findlaw Staff
|
General provisions reference |
Applies to subpart N |
Comment |
|---|---|---|
|
63.1(a)(1) |
Yes |
Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence. |
|
63.1(a)(2) |
Yes |
|
|
63.1(a)(3) |
Yes |
|
|
63.1(a)(4) |
Yes |
Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. |
|
63.1(a)(5) |
No |
[Reserved] |
|
63.1(a)(6) |
Yes |
|
|
63.1(a)(7)-(9) |
No |
[Reserved] |
|
63.1(a)(10) |
Yes |
|
|
63.1(a)(11) |
Yes |
§ 63.347(a) of subpart N also allows report submissions via fax and on electronic media. |
|
63.1(a)(12) |
Yes |
|
|
63.1(b)(1) |
No |
§ 63.340 of subpart N specifies applicability. |
|
63.1(b)(2) |
No |
[Reserved] |
|
63.1(b)(3) |
No |
This provision in subpart A is being deleted. Also, all affected area and major sources are subject to subpart N; there are no exemptions. |
|
63.1(c)(1) |
Yes |
Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. |
|
63.1(c)(2) |
Yes |
§ 63.340(e) of Subpart N exempts area sources from the obligation to obtain Title V operating permits. |
|
63.1(c)(3)-(4) |
No |
[Reserved] |
|
63.1(c)(5) |
No |
Subpart N clarifies that an area source that becomes a major source is subject to the requirements for major sources. |
|
63.1(c)(6) |
Yes |
|
|
63.1(e) |
Yes |
|
|
63.2 |
Yes |
Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence. |
|
63.3 |
Yes |
Other units used in subpart N are defined in that subpart. |
|
63.4(a)(1)-(2) |
Yes |
|
|
63.4(a)(3)-(5) |
No |
[Reserved] |
|
63.4(b)-(c) |
Yes |
|
|
63.5(a) |
Yes |
Except replace the term “source” and “stationary source” in § 63.5(a)(1) and (2) of subpart A with “affected sources.” |
|
63.5(b)(1) |
Yes |
|
|
63.5(b)(2) |
No |
[Reserved] |
|
63.5(b)(3) |
Yes |
Applies only to major affected sources. |
|
63.5(b)(4) |
No |
Subpart N (§ 63.345) specifies requirements for the notification of construction or reconstruction for affected sources that are not major. |
|
63.5(b)(5) |
No |
[Reserved] |
|
63.5(b)(6) |
Yes |
|
|
63.5(c) |
No |
[Reserved] |
|
63.5(d)(1)(i) |
No |
§ 63.345(c)(5) of subpart N specifies when the application or notification shall be submitted. |
|
63.5(d)(1)(ii) |
Yes |
Applies to major affected sources that are new or reconstructed. |
|
63.5(d)(1)(iii) |
Yes |
Except information should be submitted with the Notification of Compliance Status required by § 63.347(e) of subpart N. |
|
63.5(d)(2) |
Yes |
Applies to major affected sources that are new or reconstructed except: (1) replace “source” in § 63.5(d)(2) of subpart A with “affected source”; and (2) actual control efficiencies are submitted with the Notification of Compliance Status required by § 63.347(e). |
|
63.5(d)(3)-(4) |
Yes |
Applies to major affected sources that are new or reconstructed. |
|
63.5(e) |
Yes |
Applies to major affected sources that are new or reconstructed. |
|
63.5(f)(1) |
Yes |
Except replace “source” in § 63.5(f)(1) of subpart A with “affected source.” |
|
63.5(f)(2) |
No |
New or reconstructed affected sources shall submit the request for approval of construction or reconstruction under § 63.5(f) of subpart A by the deadline specified in § 63.345(c)(5) of subpart N. |
|
63.6(a) |
Yes |
|
|
63.6(b)(1)-(2) |
Yes |
Except replace “source” in § 63.6(b)(1)-(2) of part A with “affected source.” |
|
63.6(b)(3)-(4) |
Yes |
|
|
63.6(b)(5) |
Yes |
Except replace “source” in § 63.6(b)(5) of subpart A with “affected source.” |
|
63.6(b)(6) |
No |
[Reserved] |
|
63.6(b)(7) |
No |
Provisions for new area sources that become major sources are contained in § 63.343(a)(4) of subpart N. |
|
63.6(c)(1)-(2) |
Yes |
Except replace “source” in § 63.6(c)(1)-(2) of subpart A with“affected source.” |
|
63.6(c)(3)-(4) |
No |
[Reserved] |
|
63.6(c)(5) |
No |
Compliance provisions for existing area sources that become major sources are contained in § 63.343(a)(3) of subpart N. |
|
63.6(d) |
No |
[Reserved] |
|
63.6(e)(1)-(3) |
No |
§ 63.342(f) of subpart N contains work practice standards (operation and maintenance requirements) that override these provisions. |
|
63.6(f)(1) |
No |
§ 63.342(b) of subpart N specifies when the standards apply. |
|
63.6(f)(2)(i)-(ii) |
Yes |
|
|
63.6(f)(2)(iii) |
No |
§ 63.344(b) of subpart N specifies instances in which previous performance test results for existing sources are acceptable. |
|
63.6(f)(2)(iv) |
Yes |
|
|
63.6(f)(2)(v) |
Yes |
|
|
63.6(f)(3) |
Yes |
|
|
63.6(g) |
Yes |
|
|
63.6(h)(1) |
No |
SSM Exception |
|
63.6(h)(2) |
No |
Subpart N does not contain any opacity or visible emission standards. |
|
63.6(i)(1) |
Yes |
|
|
63.6(i)(2) |
Yes |
Except replace “source” in § 63.6(i)(2)(i) and (ii) of subpart A with “affected source.” |
|
63.6(i)(3) |
Yes |
|
|
63.6(i)(4)(i) |
No |
§ 63.343(a)(6) of subpart N specifies the procedures for obtaining an extension of compliance and the date by which such requests must be submitted. |
|
63.6(i)(4)(ii) |
Yes |
|
|
63.6(i)(5) |
Yes |
|
|
63.6(i)(6)(i) |
Yes |
This paragraph only references “paragraph (i)(4) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.6(i)(6)(ii) |
Yes |
|
|
63.6(i)(7) |
Yes |
|
|
63.6(i)(8) |
Yes |
This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.6(i)(9) |
Yes |
This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” and “paragraphs (i)(4) and (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.6(i)(10)(i)-(iv) |
Yes |
|
|
63.6(i)(10)(v)(A) |
Yes |
This paragraph only references ‘'paragraph (i)(4)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.6(i)(10)(v)(B) |
Yes |
|
|
63.6(i)(11) |
Yes |
|
|
63.6(i)(12)(i) |
Yes |
This paragraph only references “paragraph (i)(4)(i) or (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.6(i)(12)(ii)-(iii) |
Yes |
|
|
63.6(i)(13) |
Yes |
|
|
63.6(i)(14) |
Yes |
|
|
63.6(i)(15) |
No |
[Reserved] |
|
63.6(i)(16) |
Yes |
|
|
63.6(j) |
Yes |
|
|
63.7(a)(1) |
Yes |
|
|
63.7(a)(2)(i)-(viii) |
No |
[Reserved] |
|
63.7(a)(2)(ix) |
Yes |
|
|
63.7(a)(3) |
Yes |
|
|
63.7(a)(4) |
Yes |
|
|
63.7(b)(1) |
No |
§ 63.347(d) of subpart N requires notification prior to the performance test. § 63.344(a) of subpart N requires submission of a site-specific test plan upon request. |
|
63.7(b)(2) |
Yes |
|
|
63.7(c) |
No |
§ 63.344(a) of subpart N specifies what the test plan should contain, but does not require test plan approval or performance audit samples. |
|
63.7(d) |
Yes |
Except replace “source” in the first sentence of § 63.7(d) of subpart A with “affected source.” |
|
63.7(e)(1) |
No |
See § 63.344(a). Any cross reference to § 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.344(a). |
|
63.7(e)(2)-(4) |
Yes |
Subpart N also contains test methods specific to affected sources covered by that subpart. |
|
63.7(f) |
Yes |
§ 63.344(c)(2) of subpart N identifies CARB Method 425 as acceptable under certain conditions. |
|
63.7(g)(1) |
No |
Subpart N identifies the items to be reported in the compliance test [§ 63.344(a)] and the timeframe for submitting the results [§ 63.347(f)]. |
|
63.7(g)(2) |
No |
[Reserved] |
|
63.7(g)(3) |
Yes |
|
|
63.7(h)(1)-(2) |
Yes |
|
|
63.7(h)(3)(i) |
Yes |
This paragraph only references “§ 63.6(i)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. |
|
63.7(h)(3)(ii)-(iii) |
Yes |
|
|
63.7(h)(4)-(5) |
Yes |
|
|
63.8(a)(1) |
Yes |
|
|
63.8(a)(2) |
No |
Work practice standards are contained in § 63.342(f) of subpart N. |
|
63.8(a)(3) |
No |
[Reserved] |
|
63.8(a)(4) |
No |
|
|
63.8(b)(1) |
Yes |
|
|
63.8(b)(2) |
No |
§ 63.344(d) of subpart N specifies the monitoring location when there are multiple sources. |
|
63.9(b)(3) |
No |
[Reserved] |
|
63.8(c)(1)(i) |
No |
Subpart N requires proper maintenance of monitoring devices expected to be used by sources subject to subpart N. |
|
63.8(c)(1)(ii) |
No |
§ 63.342(f)(3)(iv) of subpart N specifies reporting when the O&M plan is not followed. |
|
63.8(c)(1)(iii) |
No |
§ 63.343(f)(2) identifies the criteria for whether O&M procedures are acceptable. |
|
63.8(c)(2)-(3) |
No |
§ 63.344(d)(2) requires appropriate use of monitoring devices. |
|
63.8(c)(4)-(7) |
No |
|
|
63.8(d) |
No |
Maintenance of monitoring devices is required by §§ 63.342(f) and 63.344(d)(2) of subpart N. |
|
63.8(e) |
No |
There are no performance evaluation procedures for the monitoring devices expected to be used to comply with subpart N. |
|
63.8(f)(1) |
Yes |
|
|
63.8(f)(2) |
No |
Instances in which the Administrator may approve alternatives to the monitoring methods and procedures of subpart N are contained in § 63.343(c)(8) of subpart N. |
|
63.8(f)(3) |
Yes |
|
|
63.8(f)(4) |
Yes |
|
|
63.8(f)(5) |
Yes |
|
|
63.8(f)(6) |
No |
Subpart N does not require the use of CEM's. |
|
63.8(g) |
No |
Monitoring data does not need to be reduced for reporting purposes because subpart N requires measurement once/day. |
|
63.9(a) |
Yes |
|
|
63.9(b)(1)(i)-(ii) |
No |
§ 63.343(a)(3) of subpart N requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources. |
|
63.9(b)(1)(iii) |
No |
§ 63.347(c)(2) of subpart N specifies initial notification requirements for new or reconstructed affected sources. |
|
63.9(b)(2) |
No |
§ 63.347(c)(1) of subpart N specifies the information to be contained in the initial notification. |
|
63.9(b)(3) |
No |
§ 63.347(c)(2) of subpart N specifies notification requirements for new or reconstructed sources that are not major affected sources. |
|
63.9(b)(4) |
No |
|
|
63.9(b)(5) |
No |
|
|
63.9(c) |
Yes |
This paragraph only references “§ 63.6(i)(4) through § 63.6(i)(6)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. Subpart N provides a different timeframe for submitting the request than § 63.6(i)(4). |
|
63.9(d) |
Yes |
This paragraph only references “the notification dates established in paragraph (g) of this section.” But, § 63.347 of subpart N also contains notification dates. |
|
63.9(e) |
No |
Notification of performance test is required by § 63.347(d) of subpart N. |
|
63.9(f) |
No |
|
|
63.9(g) |
No |
Subpart N does not require a performance evaluation or relative accuracy test for monitoring devices. |
|
63.9(h)(1)-(3) |
No |
§ 63.347(e) of subpart N specifies information to be contained in the notification of compliance status and the timeframe for submitting this information. |
|
63.9(h)(4) |
No |
[Reserved] |
|
63.9(h)(5) |
No |
Similar language has been incorporated into § 63.347(e)(2)(iii) of subpart N. |
|
63.9(h)(6) |
Yes |
|
|
63.9(i) |
Yes |
|
|
63.9(j) |
Yes |
|
|
63.9(k) |
Yes |
Only as specified in § 63.9(j). |
|
63.10(a) |
Yes |
|
|
63.10(b)(1) |
Yes |
|
|
63.10(b)(2) |
No |
§ 63.346(b) of subpart N specifies the records that must be maintained. |
|
63.10(b)(3) |
No |
Subpart N applies to major and area sources. |
|
63.10(c) |
No |
Applicable requirements of § 63.10(c) have been incorporated into § 63.346(b) of subpart N. |
|
63.10(d)(1) |
Yes |
|
|
63.10(d)(2) |
No |
§ 63.347(f) of subpart N specifies the timeframe for reporting performance test results. |
|
63.10(d)(3) |
No |
Subpart N does not contain opacity or visible emissions standards. |
|
63.10(d)(4) |
Yes |
|
|
63.10(d)(5) |
No |
§ 63.342(f)(3)(iv) and § 63.347(g)(3) of subpart N specify reporting associated with malfunctions. |
|
63.10(e) |
No |
§ 63.347(g) and (h) of subpart N specify the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of § 63.10(e) have been incorporated into § 63.347(g) and (h). |
|
63.10(f) |
Yes |
|
|
63.11 |
No |
Flares will not be used to comply with the emission limits. |
|
63.12-63.15 |
Yes |
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment 40 CFR Pt. 63, Subpt. N, Tbl. 1 Table 1 to Subpart N of Part 63—General Provisions Applicability to Subpart N - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-pt-40-63-subpt-n-tbl-1/
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