Regulations last checked for updates: May 15, 2024

Title 40 - Protection of Environment last revised: May 13, 2024
Appendix - Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF

As specified in § 63.2540, the parts of the General Provisions that apply to you are shown in the following table:

Citation Subject Explanation
§ 63.1ApplicabilityYes.
§ 63.2DefinitionsYes.
§ 63.3Units and AbbreviationsYes.
§ 63.4Prohibited ActivitiesYes.
§ 63.5Construction/ReconstructionYes.
§ 63.6(a)ApplicabilityYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed sourcesYes.
§ 63.6(b)(5)NotificationYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorYes.
§ 63.6(c)(1)-(2)Compliance Dates for Existing SourcesYes.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorYes.
§ 63.6(d)[Reserved]
§ 63.6(e)(1)(i)Operation & MaintenanceYes, before August 12, 2023.
No, beginning on and after August 12, 2023. See § 63.2450(u) for general duty requirement.
§ 63.6(e)(1)(ii)Operation & MaintenanceYes, before August 12, 2023.
No, beginning on and after August 12, 2023.
§ 63.6(e)(1)(iii)Operation & MaintenanceYes.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)(i), (iii), and (v) through (viii)Startup, Shutdown, Malfunction Plan (SSMP)Yes, before August 12, 2023, except information regarding Group 2 emission points and equipment leaks is not required in the SSMP, as specified in § 63.2525(j). No, beginning on and after August 12, 2023.
§ 63.6(e)(3)(iii) and (iv)Recordkeeping and Reporting During SSMNo, see § 63.2525 for recordkeeping requirements and § 63.2520(e)(4) for reporting requirements.
§ 63.6(e)(3)(ix)SSMP incorporation into title V permitYes, before August 12, 2023. No beginning on and after August 12, 2023.
§ 63.6(f)(1)Compliance With Non-Opacity Standards Except During SSMNo. See § 63.2445(g) through (i).
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes.
§ 63.6(g)(1)-(3)Alternative StandardYes.
§ 63.6(h)(1)Compliance with Opacity Standards Except During SSMNo. See § 63.2445(g) through (i).
§ 63.6(h)(2)-(9)Opacity/Visible Emission (VE) StandardsOnly for flares for which Method 22 of 40 CFR part 60, appendix A-7, observations are required as part of a flare compliance assessment.
§ 63.6(i)(1)-(14), and (16)Compliance ExtensionYes.
§ 63.6(j)Presidential Compliance ExemptionYes.
§ 63.7(a)(1)-(2)Performance Test DatesYes, except substitute 150 days for 180 days.
§ 63.7(a)(3)Section 114 AuthorityYes, and this paragraph also applies to flare compliance assessments as specified under § 63.997(b)(2).
§ 63.7(a)(4)Force MajeureYes.
§ 63.7(b)(1)Notification of Performance TestYes.
§ 63.7(b)(2)Notification of ReschedulingYes.
§ 63.7(c)Quality Assurance/Test PlanYes, except the test plan must be submitted with the notification of the performance test if the control device controls batch process vents.
§ 63.7(d)Testing FacilitiesYes.
§ 63.7(e)(1)Conditions for Conducting Performance TestsYes, before August 12, 2023 except that performance tests for batch process vents must be conducted under worst-case conditions as specified in § 63.2460. No, beginning on and after August 12, 2023. See § 63.2450(g)(6).
§ 63.7(e)(2)Conditions for Conducting Performance TestsYes.
§ 63.7(e)(3)Test Run DurationYes.
§ 63.7(e)(4)Administrator's Authority to Require TestingYes.
§ 63.7(f)Alternative Test MethodYes.
§ 63.7(g)Performance Test Data AnalysisYes, except this subpart specifies how and when the performance test and performance evaluation results are reported.
§ 63.7(h)Waiver of TestsYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsYes.
§ 63.8(a)(2)Performance SpecificationsYes.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresYes, except for flares subject to § 63.2450(e)(5).
§ 63.8(b)(1)MonitoringYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsYes.
§ 63.8(c)(1)Monitoring System Operation and MaintenanceYes.
§ 63.8(c)(1)(i)Routine and Predictable SSMYes, before August 12, 2023. No, beginning on and after August 12, 2023.
§ 63.8(c)(1)(ii)CMS malfunction not in SSM planYes.
§ 63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsYes, before August 12, 2023. No, beginning on and after August 12, 2023.
§ 63.8(c)(2)-(3)Monitoring System InstallationYes.
§ 63.8(c)(4)CMS RequirementsOnly for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require continuous opacity monitoring systems (COMS).
§ 63.8(c)(4)(i)COMS Measurement and Recording FrequencyNo; this subpart does not require COMS.
§ 63.8(c)(4)(ii)CEMS Measurement and Recording FrequencyYes.
§ 63.8(c)(5)COMS Minimum ProceduresNo. This subpart does not contain opacity or VE limits.
§ 63.8(c)(6)CMS RequirementsOnly for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require COMS.
§ 63.8(c)(7)-(8)CMS RequirementsOnly for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require COMS.
§ 63.8(d)(1)CMS Quality ControlOnly for CEMS.
§ 63.8(d)(2)CMS Quality ControlOnly for CEMS.
§ 63.8(d)(3)CMS Quality ControlYes, only for CEMS before August 12, 2023. No, beginning on and after August 12, 2023. See § 63.2450(j)(6).
§ 63.8(e)CMS Performance EvaluationOnly for CEMS, except this subpart specifies how and when the performance evaluation results are reported. Section 63.8(e)(5)(ii) does not apply because this subpart does not require COMS.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodYes, except you may also request approval using the precompliance report.
§ 63.8(f)(6)Alternative to Relative Accuracy TestOnly applicable when using CEMS to demonstrate compliance, including the alternative standard in § 63.2505.
§ 63.8(g)(1)-(4)Data ReductionOnly when using CEMS, including for the alternative standard in § 63.2505, except that the requirements for COMS do not apply because this subpart has no opacity or VE limits, and § 63.8(g)(2) does not apply because data reduction requirements for CEMS are specified in § 63.2450(j).
§ 63.8(g)(5)Data ReductionNo. Requirements for CEMS are specified in § 63.2450(j). Requirements for CPMS are specified in referenced subparts G and SS of this part.
§ 63.9(a)Notification RequirementsYes.
§ 63.9(b)(1)-(5)Initial NotificationsYes.
§ 63.9(c)Request for Compliance ExtensionYes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourceYes.
§ 63.9(e)Notification of Performance TestYes.
§ 63.9(f)Notification of VE/Opacity TestNo.
§ 63.9(g)Additional Notifications When Using CMSOnly for CEMS. Section 63.9(g)(2) does not apply because this subpart does not require COMS.
63.9(h)(1)-(6)Notification of Compliance StatusYes, except § 63.9(h)(2)(i)(A) through (G) and (h)(2)(ii) do not apply because § 63.2520(d) specifies the required contents and due date of the notification of compliance status report.
§ 63.9(i)Adjustment of Submittal DeadlinesYes.
§ 63.9(j)Change in previous informationYes, for change in major source status, otherwise § 63.2520(e) specifies reporting requirements for process changes.
§ 63.9(k)Electronic reporting proceduresYes.
§ 63.10(a)Recordkeeping/ReportingYes.
§ 63.10(b)(1)Recordkeeping/ReportingYes.
§ 63.10(b)(2)(i)Records related to startup and shutdownNo, see §§ 63.2450(e) and 63.2525 for recordkeeping requirements.
§ 63.10(b)(2)(ii)Recordkeeping relevant to SSM periods and CMSYes, before August 12, 2023. No, beginning on and after August 12, 2023. See § 63.2525(h) and (l).
§ 63.10(b)(2)(iii)Records related to maintenance of air pollution control equipmentYes.
§ 63.10(b)(2)(iv) and (v)Recordkeeping relevant to SSM periodYes, before August 12, 2023. No, beginning on and after August 12, 2023.
§ 63.10(b)(2)(vi)CMS RecordsBefore August 12, 2023, yes but only for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part. Beginning on and after August 12, 2023, yes for CEMS and CPMS for flares subject to § 63.2450(e)(5).
§ 63.10(b)(2)(x) and (xi)CMS RecordsOnly for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part.
§ 63.10(b)(2)(vii)-(ix)RecordsYes.
§ 63.10(b)(2)(xii)RecordsYes.
§ 63.10(b)(2)(xiii)RecordsOnly for CEMS.
§ 63.10(b)(2)(xiv)RecordsYes.
§ 63.10(b)(3)RecordsYes.
§ 63.10(c)(1)-(6),(9)-(14)RecordsOnly for CEMS. Recordkeeping requirements for CPMS are specified in referenced subparts G and SS of this part.
§ 63.10(c)(7)-(8)RecordsNo. Recordkeeping requirements are specified in § 63.2525.
§ 63.10(c)(15)RecordsYes, before August 12, 2023, but only for CEMS. No, beginning on and after August 12, 2023.
§ 63.10(d)(1)General Reporting RequirementsYes.
§ 63.10(d)(2)Report of Performance Test ResultsYes, before October 13, 2020. No, beginning on and after October 13, 2020.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsNo.
§ 63.10(d)(4)Progress ReportsYes.
§ 63.10(d)(5)(i)Periodic Startup, Shutdown, and Malfunction ReportsNo, § 63.2520(e)(4) and (5) specify the SSM reporting requirements.
§ 63.10(d)(5)(ii)Immediate SSM ReportsNo.
§ 63.10(e)(1)Additional CEMS ReportsYes.
§ 63.10(e)(2)(i)Additional CMS ReportsOnly for CEMS, except this subpart specifies how and when the performance evaluation results are reported.
§ 63.10(e)(2)(ii)Additional COMS ReportsNo. This subpart does not require COMS.
§ 63.10(e)(3)ReportsNo. Reporting requirements are specified in § 63.2520.
§ 63.10(e)(3)(i)-(iii)ReportsNo. Reporting requirements are specified in § 63.2520.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsNo. Reporting requirements are specified in § 63.2520.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsNo. Reporting requirements are specified in § 63.2520.
§ 63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportNo. Reporting requirements are specified in § 63.2520.
§ 63.10(e)(4)Reporting COMS dataNo.
§ 63.10(f)Waiver for Recordkeeping/ReportingYes.
§ 63.11Control device requirements for flares and work practice requirements for equipment leaksYes, except for flares subject to § 63.2450(e)(5).
§ 63.12DelegationYes.
§ 63.13AddressesYes.
§ 63.14Incorporation by ReferenceYes.
§ 63.15Availability of InformationYes.
[85 FR 49164, Aug. 12, 2020, as amended at 85 FR 73903, Nov. 19, 2020; 89 FR 23873, Apr. 4, 2024]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.