Code of Federal Regulations Title 40. Protection of Environment 40 CFR Pt. 63, Subpt. NNNNN, Tbl. 7 Table 7 to Subpart NNNNN of Part 63—Applicability of General Provisions to Subpart NNNNN

§ 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.