Regulations last checked for updates: May 15, 2024

Title 40 - Protection of Environment last revised: May 13, 2024
Appendix - Table 2 to Subpart HHHH of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH

As stated in § 63.3001, you must comply with the applicable General Provisions requirements according to the following table:

Citation Requirement Applies to subpart HHHH Explanation
§ 63.1(a)(1)-(4)General ApplicabilityYes.
§ 63.1(a)(5)No[Reserved].
§ 63.1(a)(6)-(8)Yes.
§ 63.1(a)(9)No[Reserved].
§ 63.1(a)(10)-(14)Yes.
§ 63.1(b)Initial Applicability DeterminationYes.
§ 63.1(c)(1)Applicability After Standard EstablishedYes.
§ 63.1(c)(2)YesSome plants may be area sources.
§ 63.1(c)(3)No[Reserved].
§ 63.1(c)(4)-(5)Yes.
§ 63.1(c)(6)ReclassificationYes.
§ 63.1(d)No[Reserved].
§ 63.1(e)Applicability of Permit ProgramYes.
§ 63.2DefinitionsYesAdditional definitions in § 63.3004.
§ 63.3Units and AbbreviationsYes.
§ 63.4(a)(1)-(3)Prohibited ActivitiesYes.
§ 63.4(a)(4)No[Reserved].
§ 63.4(a)(5)Yes.
§ 63.4(b)-(c)Circumvention/SeverabilityYes.
§ 63.5(a)Construction/ReconstructionYes.
§ 63.5(b)(1)Existing/Constructed/ReconstructionYes.
§ 63.5(b)(2)No[Reserved].
§ 63.5(b)(3)-(6)Yes.
§ 63.5(c)No[Reserved].
§ 63.5(d)Application for Approval of Construction/ReconstructionYes.
§ 63.5(e)Approval of Construction/ReconstructionYes.
§ 63.5(f)Approval of Construction/Reconstruction Based on State ReviewYes.
§ 63.6(a)Compliance with Standards and Maintenance—ApplicabilityYes.
§ 63.6(b)(1)-(5)New and Reconstructed Sources-DatesYes.
§ 63.6(b)(6)No[Reserved].
§ 63.6(b)(7)Yes.
§ 63.6(c)(1)-(2)Existing Sources DatesYes§ 63.2985 specifies dates.
§ 63.6(c)(3)-(4)No[Reserved].
§ 63.6(c)(5)Yes.
§ 63.6(d)No[Reserved].
§ 63.6(e)(1)(i)General Duty to Minimize EmissionsNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafterSee § 63.2986(g) for general duty requirement.
§ 63.6(e)(1)(ii)Requirement to Correct Malfunctions As Soon As PossibleNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.6(e)(1)(iii)Operation and Maintenance RequirementsYes§§ 63.2984 and 63.2987 specify additional requirements.
§ 63.6(e)(2)No[Reserved].
§ 63.6(e)(3)SSM Plan RequirementsNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.6(f)(1)SSM ExemptionNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.6(f)(2) and (3)Compliance with Non-Opacity Emission StandardsYes.
§ 63.6(g)Alternative Non-Opacity Emission StandardYesEPA retains approval authority.
§ 63.6(h)Compliance with Opacity/Visible Emissions StandardsNoSubpart HHHH does not specify opacity or visible emission standards.
§ 63.6(i)(1)-(14)Extension of ComplianceYes.
§ 63.6(i)(15)No[Reserved].
§ 63.6(i)(16)Yes.
§ 63.6(j)Exemption from ComplianceYes.
§ 63.7(a)Performance Test Requirements—Applicability and DatesYes.
§ 63.7(b)Notification of Performance TestYes.
§ 63.7(c)Quality Assurance Program/Test PlanYes.
§ 63.7(d)Testing FacilitiesYes.
§ 63.7(e)(1)Performance TestingNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafterSee § 63.2992(c).
§ 63.7(e)(2)-(4)Conduct of TestsYes§§ 63.2991-63.2994 specify additional requirements.
§ 63.7(f)Alternative Test MethodYesEPA retains approval authority
§ 63.7(g)Data AnalysisYes.
§ 63.7(h)Waiver of TestsYes.
§ 63.8(a)(1)-(2)Monitoring Requirements—ApplicabilityYes.
§ 63.8(a)(3)No[Reserved].
§ 63.8(a)(4)Yes.
§ 63.8(b)Conduct of MonitoringYes.
§ 63.8(c)(1)(i)General Duty to Minimize Emissions and CMS OperationNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.8(c)(1)(ii)Continuous Monitoring System (CMS) Operation and MaintenanceYes.
§ 63.8(c)(1)(iii)Requirement to Develop SSM Plan for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.8(c)(2)-(4)Yes.
§ 63.8(c)(5)Continuous Opacity Monitoring System (COMS) ProceduresNoSubpart HHHH does not specify opacity or visible emission standards.
§ 63.8(c)(6)-(8)Yes.
§ 63.8(d)(1) and (2)Quality ControlYes.
§ 63.8(d)(3)Written Procedures for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafterSee § 63.2994(a).
§ 63.8(e)CMS Performance EvaluationYes.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodYesEPA retains approval authority.
§ 63.8(f)(6)Alternative to Relative Accuracy TestNoSubpart HHHH does not require the use of continuous emissions monitoring systems (CEMS).
§ 63.8(g)(1)Data ReductionYes.
§ 63.8(g)(2)Data ReductionNoSubpart HHHH does not require the use of CEMS or COMS.
§ 63.8(g)(3)-(5)Data ReductionYes.
§ 63.9(a)Notification Requirements—ApplicabilityYes.
§ 63.9(b)Initial NotificationsYes.
§ 63.9(c)Request for Compliance ExtensionYes.
§ 63.9(d)New Source Notification for Special Compliance RequirementsYes.
§ 63.9(e)Notification of Performance TestYes.
§ 63.9(f)Notification of Visible Emissions/Opacity TestNoSubpart HHHH does not specify opacity or visible emission standards.
§ 63.9(g)(1)Additional CMS NotificationsYes.
§ 63.9(g)(2)-(3)NoSubpart HHHH does not require the use of COMS or CEMS.
§ 63.9(h)(1)-(3)Notification of Compliance StatusYes§ 63.3000(b) specifies additional requirements.
§ 63.9(h)(4)No[Reserved].
§ 63.9(h)(5)-(6)Yes.
§ 63.9(i)Adjustment of DeadlinesYes.
§ 63.9(j)Change in Previous InformationYes.
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a)Recordkeeping/Reporting—ApplicabilityYes.
§ 63.10(b)(1)General Recordkeeping RequirementsYes§ 63.2998 includes additional requirements.
§ 63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.10(b)(2)(ii)Recordkeeping of Failures to Meet a StandardNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafterSee § 63.2998(g) for recordkeeping requirements for an affected source that fails to meet an applicable standard.
§ 63.10(b)(2)(iii)Maintenance RecordsYes.
§ 63.10(b)(2)(iv) and (v)Actions Taken to Minimize Emissions During SSMNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsYes.
§ 63.10(b)(2)(vii)-(xiv)Other CMS RequirementsYes.
§ 63.10(b)(3)Recordkeeping requirement for applicability determinationsYes.
§ 63.10(c)(1)Additional CMS RecordkeepingYes.
§ 63.10(c)(2)-(4)No[Reserved].
§ 63.10(c)(5)-(8)Yes.
§ 63.10(c)(9)No[Reserved].
§ 63.10(c)(10)-(14)Yes.
§ 63.10(c)(15)Use of SSM PlanNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter
§ 63.10(d)(1)General Reporting RequirementsYes§ 63.3000 includes additional requirements.
§ 63.10(d)(2)Performance Test ResultsYes§ 63.3000 includes additional requirements.
§ 63.10(d)(3)Opacity or Visible Emissions ObservationsNoSubpart HHHH does not specify opacity or visible emission standards.
§ 63.10(d)(4)Progress Reports Under Extension of ComplianceYes.
§ 63.10(d)(5)SSM ReportsNo, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafterSee § 63.3000(c) for malfunction reporting requirements.
§ 63.10(e)(1)Additional CMS Reports—GeneralNoSubpart HHHH does not require CEMS.
§ 63.10(e)(2)Reporting results of CMS performance evaluations.Yes.
§ 63.10(e)(3)Excess Emission/CMS Performance Reports.Yes.
§ 63.10(e)(4)COMS Data ReportsNoSubpart HHHH does not specify opacity or visible emission standards.
§ 63.10(f)Recordkeeping/Reporting WaiverYesEPA retains approval authority.
§ 63.11Control Device Requirements—Applicability.NoFacilities subject to subpart HHHH do not use flares as control devices.
§ 63.12State Authority and DelegationsYes.
§ 63.13AddressesYes.
§ 63.14Incorporation by ReferenceYesSee § 63.14(b)(2) and (3) for applicability requirements.
§ 63.15Availability of Information/ConfidentialityYes.
[84 FR 6697, Feb. 28, 2019, as amended at 85 FR 73904, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.