Regulations last checked for updates: May 17, 2024

Title 40 - Protection of Environment last revised: May 15, 2024
Appendix - Table 1 to Subpart MM of Part 63—General Provisions Applicability to Subpart MM
General provisions
reference
Summary of requirements Applies to
subpart MM
Explanation
63.1(a)(1)General applicability of the General ProvisionsYesAdditional 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 ProvisionsYes
63.1(b)(1)Initial applicability determinationNoSubpart MM specifies the applicability in § 63.860.
63.1(b)(2)Title V operating permit—see 40 CFR part 70YesAll major affected sources are required to obtain a title V permit.
63.1(b)(3)Record of the applicability determinationNoAll 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 setYesSubpart 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 requirementYesAll 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 complianceYes
63.1(c)(5)Notification requirements for an area source that increases HAP emissions to major source levelsYes
63.1(c)(6)ReclassificationYes
63.1(d)[Reserved]No
63.1(e)Applicability of permit program before a relevant standard has been setYes
63.2DefinitionsYesAdditional terms defined in § 63.861; when overlap between subparts A and MM of this part occurs, subpart MM takes precedence.
63.3Units and abbreviationsYes
63.4Prohibited activities and circumventionYes
63.5(a)Construction and reconstruction—applicabilityYes
63.5(b)(1)Upon construction, relevant standards for new sourcesYes
63.5(b)(2)[Reserved]No
63.5(b)(3)New construction/reconstructionYes
63.5(b)(4)Construction/reconstruction notificationYes
63.5(b)(5)Construction/reconstruction complianceYes
63.5(b)(6)Equipment addition or process changeYes
63.5(c)[Reserved]No
63.5(d)Application for approval of construction/reconstructionYes
63.5(e)Construction/reconstruction approvalYes
63.5(f)Construction/reconstruction approval based on prior State preconstruction reviewYes
63.6(a)(1)Compliance with standards and maintenance requirements—applicabilityYes
63.6(a)(2)Requirements for area source that increases emissions to become majorYes
63.6(b)Compliance dates for new and reconstructed sourcesYes
63.6(c)Compliance dates for existing sourcesYes, 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 emissionsNoSee § 63.860(d) for general duty requirement.
63.6(e)(1)(ii)Requirement to correct malfunctions ASAPNo
63.6(e)(1)(iii)Operation and maintenance requirements enforceable independent of emissions limitationsYes
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 SSMNo
63.6(f)(2)-(3)Methods for determining compliance with nonopacity emissions standardsYes
63.6(g)Compliance with alternative nonopacity emissions standardsYes
63.6(h)(1)Compliance with opacity and visible emissions (VE) standards except during SSMNo
63.6(h)(2)-(9)Compliance with opacity and VE standardsYesSubpart MM does not contain any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements.
63.6(i)Extension of compliance with emissions standardsYes
63.6(j)Exemption from compliance with emissions standardsYes
63.7(a)(1)Performance testing requirements—applicabilityYes
63.7(a)(2)Performance test datesYes
63.7(a)(3)Performance test requests by Administrator under CAA section 114Yes
63.7(a)(4)Notification of delay in performance testing due to force majeureYes
63.7(b)(1)Notification of performance testYes
63.7(b)(2)Notification of delay in conducting a scheduled performance testYes
63.7(c)Quality assurance programYes
63.7(d)Performance testing facilitiesYes
63.7(e)(1)Conduct of performance testsNoSee § 63.865.
63.7(e)(2)-(3)Conduct of performance testsYes
63.7(e)(4)Testing under section 114Yes
63.7(f)Use of an alternative test methodYes
63.7(g)Data analysis, recordkeeping, and reportingYes
63.7(h)Waiver of performance testsYes§ 63.865(c)(1) specifies the only exemption from performance testing allowed under subpart MM.
63.8(a)(1)Monitoring requirements—applicabilityYesSee § 63.864.
63.8(a)(2)Performance SpecificationsYes
63.8(a)(3)[Reserved]No
63.8(a)(4)Monitoring with flaresNoThe use of flares to meet the standards in subpart MM is not anticipated.
63.8(b)(1)Conduct of monitoringYesSee § 63.864.
63.8(b)(2)-(3)Specific requirements for installing and reporting on monitoring systemsYes
63.8(c)(1)Operation and maintenance of CMSYesSee § 63.864.
63.8(c)(1)(i)General duty to minimize emissions and CMS operationNo
63.8(c)(1)(ii)Reporting requirements for SSM when action not described in SSMPYes
63.8(c)(1)(iii)Requirement to develop SSM plan for CMSNo
63.8(c)(2)-(3)Monitoring system installationYes
63.8(c)(4)CMS requirementsYes
63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresYes
63.8(c)(6)Zero and high level calibration check requirementsYes
63.8(c)(7)-(8)Out-of-control periodsYes
63.8(d)(1)-(2)CMS quality control programYesSee § 63.864.
63.8(d)(3)Written procedures for CMSNoSee § 63.864(f).
63.8(e)(1)Performance evaluation of CMSYes
63.8(e)(2)Notification of performance evaluationYes
63.8(e)(3)Submission of site-specific performance evaluation test planYes
63.8(e)(4)Conduct of performance evaluation and performance evaluation datesYes
63.8(e)(5)Reporting performance evaluation resultsYes
63.8(f)Use of an alternative monitoring methodYes
63.8(g)Reduction of monitoring dataYes
63.9(a)Notification requirements—applicability and general informationYes
63.9(b)Initial notificationsYes
63.9(c)Request for extension of complianceYes
63.9(d)Notification that source subject to special compliance requirementsYes
63.9(e)Notification of performance testYes
63.9(f)Notification of opacity and VE observationsYesSubpart 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 CMSYes
63.9(g)(2)Notification of compliance with opacity emissions standardYesSubpart 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 exceededYes
63.9(h)Notification of compliance statusYes
63.9(i)Adjustment to time periods or postmark deadlines for submittal and review of required communicationsYes
63.9(j)Change in information already providedYes
63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
63.10(a)Recordkeeping requirements—applicability and general informationYesSee § 63.866.
63.10(b)(1)Records retentionYes
63.10(b)(2)(i)Recordkeeping of occurrence and duration of startups and shutdownsNo
63.10(b)(2)(ii)Recordkeeping of failures to meet a standardNoSee § 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 recordsYes
63.10(b)(2)(iv)-(v)Actions taken to minimize emissions during SSMNo
63.10(b)(2)(vi)Recordkeeping for CMS malfunctionsYes
63.10(b)(2)(vii)-(xiv)Other CMS requirementsYes
63.10(b)(3)Records retention for sources not subject to relevant standardYesApplicability requirements are given in § 63.860.
63.10(c)(1)-(14)Additional recordkeeping requirements for sources with CMSYes
63.10(c)(15)Use of SSM planNo
63.10(d)(1)General reporting requirementsYes
63.10(d)(2)Reporting results of performance testsYes
63.10(d)(3)Reporting results of opacity or VE observationsYesSubpart MM does not include any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements.
63.10(d)(4)Progress reportsYes
63.10(d)(5)(i)Periodic startup, shutdown, and malfunction reportsNoSee § 63.867(c)(3) for malfunction reporting requirements.
63.10(d)(5)(ii)Immediate startup, shutdown, and malfunction reportsNoSee § 63.867(c)(3) for malfunction reporting requirements.
63.10(e)(1)Additional reporting requirements for sources with CMS—GeneralYes
63.10(e)(2)Reporting results of CMS performance evaluationsYes
63.10(e)(3)(i)-(iv)Requirement to submit excess emissions and CMS performance report and/or summary report and frequency of reportingNo§ 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 reportsYes
63.10(e)(3)(vi)Specific summary report contentNo§ 63.867(c)(1) specifies the summary report content.
63.10(e)(3)(vii)-(viii)Conditions for submitting summary report versus detailed excess emission reportNo§ 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 testYes
63.10(f)Waiver of recordkeeping and reporting requirementsYes
63.11Control device requirements for flaresNoThe use of flares to meet the standards in subpart MM is not anticipated.
63.12State authority and delegationsYes
63.13Addresses of State air pollution control agencies and EPA Regional OfficesYes
63.14Incorporations by referenceYes
63.15Availability of information and confidentialityYes
63.16Requirements for Performance Track member facilitiesYes
[66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 82 FR 47353, Oct. 11, 2017; 85 FR 73896, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.