Regulations last checked for updates: May 16, 2024

Title 40 - Protection of Environment last revised: May 14, 2024
Appendix - Table 10 to Subpart DDDD of Part 63—Applicability of General Provisions to This Subpart
Citation Subject Brief description Applies to this subpart
before August 13, 2021, except as noted in
footnote “1” to this table
Applies to this subpart on and after August 13, 2021, except as noted in footnote “1” to this table
§ 63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions, notificationsYesYes.
§ 63.2DefinitionsDefinitions for standards in this partYesYes.
§ 63.3Units and AbbreviationsUnits and abbreviations for standards in this partYesYes.
§ 63.4Prohibited Activities and CircumventionProhibited activities; compliance date; circumvention, fragmentationYesYes.
§ 63.5Preconstruction Review and Notification RequirementsPreconstruction review requirements of section 112(i)(1)YesYes.
§ 63.6(a)ApplicabilityGP apply unless compliance extension; GP apply to area sources that become majorYesYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed SourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)YesYes.
§ 63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYesYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources that Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceYesYes.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extensionYesYes.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources that Become MajorArea sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (e.g., 3 years)YesYes.
§ 63.6(d)[Reserved]
§ 63.6(e)(1)(i)General Duty to Minimize EmissionsYou must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissionsYesNo, see § 63.2250 for general duty requirement.
§ 63.6(e)(1)(ii)Requirement to Correct Malfunctions ASAPYou must correct malfunctions as soon as practicable after their occurrenceYesNo.
§ 63.6(e)(1)(iii)Operation and Maintenance RequirementsOperation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standardsYesYes.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction Plan (SSMP)Requirement for SSM and SSMP; content of SSMPYesNo.
§ 63.6(f)(1)SSM ExemptionYou must comply with emission standards at all times except during SSMNo. See § 63.2250(a)No.
§ 63.6(f)(2)-(3)Methods for Determining Compliance/Finding of ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYesYes.
§ 63.6(g)(1)-(3)Alternative StandardProcedures for getting an alternative standardYesYes.
§ 63.6(h)(1)SSM ExemptionYou must comply with opacity and visible emission standards at all times except during SSMNANo.
§ 63.6(h)(2)-(9)Opacity/Visible Emission (VE) StandardsRequirements for opacity and visible emission standardsNANA.
§ 63.6(i)(1)-(14)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYesYes.
§ 63.6(i)(15)[Reserved]
§ 63.6(i)(16)Compliance ExtensionCompliance extension and Administrator's authorityYesYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt source category from requirement to comply with ruleYesYes.
§ 63.7(a)(1)-(2)Performance Test DatesDates for conducting initial performance testing and other compliance demonstrations; must conduct 180 days after first subject to ruleYesYes.
§ 63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYesYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYesYes.
§ 63.7(b)(2)Notification of ReschedulingIf have to reschedule performance test, must notify Administrator as soon as practicableYesYes.
§ 63.7(c)Quality Assurance/Test PlanRequirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testingYesYes.
§ 63.7(d)Testing FacilitiesRequirements for testing facilitiesYesYes.
§ 63.7(e)(1)Performance TestingPerformance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSMYesNo, see § 63.2262(a)-(b).
§ 63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to rule and EPA test methods unless Administrator approves alternativeYesYes.
§ 63.7(e)(3)Test Run DurationMust have three test runs for at least the time specified in the relevant standard; compliance is based on arithmetic mean of three runs; specifies conditions when data from an additional test run can be usedYesYes.
§ 63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an alternative test methodYesYes.
§ 63.7(g)Performance Test Data AnalysisMust include raw data in performance test report; must submit performance test data 60 days after end of test with the notification of compliance status; keep data for 5 yearsYesYes.
§ 63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYesYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYesYes.
§ 63.8(a)(2)Performance SpecificationsPerformance specifications in appendix B of part 60 of this chapter applyYesYes.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresRequirements for flares in § 63.11 applyNANA.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYesYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backupYesYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with and good air pollution control practicesYesYes.
§ 63.8(c)(1)(i)Operation and Maintenance of CMSMust maintain and operate CMS in accordance with § 63.6(e)(1)YesNo.
§ 63.8(c)(1)(ii)Spare Parts for CMSMust maintain spare parts for routine CMS repairsYesYes.
§ 63.8(c)(1)(iii)Requirements to Develop SSMP for CMSMust develop and implement SSMP for CMSYesNo.
§ 63.8(c)(2)-(3)Monitoring System InstallationMust install to get representative emission of parameter measurements; must verify operational status before or at performance testYesYes.
§ 63.8(c)(4)CMS RequirementsCMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts; COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute periodYesYes.
§ 63.8(c)(5)Continuous Opacity Monitoring System (COMS) Minimum ProceduresCOMS minimum proceduresNANA.
§ 63.8(c)(6)-(8)CMS RequirementsZero and high-level calibration check requirements; out-of-control periodsYesYes.
§ 63.8(d)(1)-(2)CMS Quality ControlRequirements for CMS quality control, including calibration, etc.Yes. Refer to § 63.2269(a)-(c) for CPMS quality control procedures to be included in the quality control programYes. Refer to § 63.2269(a)-(c) for CPMS quality control procedures to be included in the quality control program.
§ 63.8(d)(3)Written Procedures for CMSMust keep quality control plan on record for 5 years. Keep old versions for 5 years after revisions. May incorporate as part of SSMP to avoid duplication.YesNo, see § 63.2282(f).
§ 63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsYes, for CEMSYes, for CEMS.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYesYes.
§ 63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes, for CEMSYes, for CEMS.
§ 63.8(g)Data ReductionCOMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that can't be used in average; rounding of dataYesYes.
§ 63.9(a)Notification RequirementsApplicability and State delegationYesYes.
§ 63.9(b)(1)-(2)Initial NotificationsSubmit notification 120 days after effective date; contents of notificationYesYes.
§ 63.9(b)(3)[Reserved]
§ 63.9(b)(4)-(5)Initial NotificationsSubmit notification 120 days after effective date; notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup; contents of eachYesYes.
§ 63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed best available control technology/lowest achievable emission rateYesYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourceFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYesYes.
§ 63.9(e)Notification of Performance TestNotify EPA Administrator 60 days priorYesYes.
§ 63.9(f)Notification of Visible Emissions/Opacity TestNotify EPA Administrator 30 days priorNoNo.
§ 63.9(g)Additional Notifications When Using CMSNotification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracyYesYes.
§ 63.9(h)(1)-(6)Notification of Compliance StatusContents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authorityYesYes.
§ 63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change in when notifications must be submittedYesYes.
§ 63.9(j)Change in Previous InformationMust submit within 15 days after the changeYesYes.
§ 63.9(k)Electronic reporting proceduresElectronic reporting proceduresYes, only as specified in § 63.9(j)Yes, only as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/ReportingApplies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one sourceYesYes.
§ 63.10(b)(1)Recordkeeping/ReportingGeneral Requirements; keep all records readily available; keep for 5 yearsYesYes.
§ 63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsRecords of occurrence and duration of each startup or shutdown that causes source to exceed emission limitationYesNo, see § 63.2282(a).
§ 63.10(b)(2)(ii)Recordkeeping of Failures to Meet a StandardRecords of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipmentYesNo, see § 63.2282(a) 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 RecordsRecords of maintenance performed on air pollution control and monitoring equipmentYesYes.
§ 63.10(b)(2)(iv)-(v)Actions Taken to Minimize Emissions During SSMRecords of actions taken during SSM to minimize emissionsYesNo.
§ 63.10(b)(2)(vi) and (x)-(xi)CMS RecordsMalfunctions, inoperative, out-of-controlYesYes.
§ 63.10(b)(2)(vii)-(ix)RecordsMeasurements to demonstrate compliance with compliance options and operating requirements; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluationsYesYes.
§ 63.10(b)(2)(xii)RecordsRecords when under waiverYesYes.
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYesYes.
§ 63.10(b)(2)(xiv)RecordsAll documentation supporting initial notification and notification of compliance statusYesYes.
§ 63.10(b)(3)RecordsApplicability determinationsYesYes.
§ 63.10(c)(1)-(6), (9)-(14)RecordsAdditional records for CMSYesYes.
§ 63.10(c)(7)-(8)RecordsRecords of excess emissions and parameter monitoring exceedances for CMSNoNo.
§ 63.10(c)(15)Use of SSMPUse SSMP to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMSYesNo.
§ 63.10(d)(1)General Reporting RequirementsRequirement to reportYesYes.
§ 63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYesYes.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenNANA.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYesYes.
§ 63.10(d)(5)(i)Periodic SSM ReportsContents and submission of periodic SSM reportsYesNo, see § 63.2281(d)-(e) for malfunction reporting requirements.
§ 63.10(d)(5)(ii)Immediate SSM ReportsContents and submission of immediate SSM reportsYesNo.
§ 63.10(e)(1)-(2)Additional CMS ReportsMust report results for each CEM on a unit; written copy of performance evaluation; 3 copies of COMS performance evaluationYesYes.
§ 63.10(e)(3)ReportsExcess emission reportsNoNo.
§ 63.10(e)(4)Reporting COMS DataMust submit COMS data with performance test dataNANA.
§ 63.10(f)Waiver for Recordkeeping/ReportingProcedures for EPA Administrator to waiveYesYes.
§ 63.11Control Device and Work Practice RequirementsRequirements for flares and alternative work practice for equipment leaksNANA.
§ 63.12State Authority and DelegationsState authority to enforce standardsYesYes.
§ 63.13AddressesAddresses where reports, notifications, and requests are sentYesYes.
§ 63.14Incorporations by ReferenceTest methods incorporated by referenceYesYes.
§ 63.15Availability of Information and ConfidentialityPublic and confidential informationYesYes.
§ 63.16Performance Track ProvisionsRequirements for Performance Track member facilitiesYesYes.

1 New or reconstructed affected sources that commenced construction or reconstruction after September 6, 2019 must comply with the requirements in column 5 of this table beginning on August 13, 2020 or upon initial startup, whichever is later.

[85 FR 49465, Aug. 13, 2020, as amended at 85 FR 73902, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.