Regulations last checked for updates: May 16, 2024

Title 40 - Protection of Environment last revised: May 14, 2024
Appendix - Table 2 to Subpart IIII of Part 63—Applicability of General Provisions to Subpart IIII of Part 63

You must comply with the applicable General Provisions requirements according to the following table:

Citation Subject Applicable to subpart IIII Explanation
§ 63.1(a)(1)-(12)General ApplicabilityYes
§ 63.1(b)(1)-(3)Initial Applicability DeterminationYesApplicability to subpart IIII is also specified in § 63.3081.
§ 63.1(c)(1)Applicability After Standard EstablishedYes
§ 63.1(c)(2)Applicability of Permit Program for Area SourcesNoArea sources are not subject to subpart IIII.
§ 63.1(c)(5)Extensions and NotificationsYes
§ 63.1(c)(6)ReclassificationYes
§ 63.1(e)Applicability of Permit Program Before Relevant Standard is SetYes
§ 63.2DefinitionsYesAdditional definitions are specified in § 63.3176.
§ 63.3Units and AbbreviationsYes
§ 63.4(a)(1)-(2)Prohibited ActivitiesYes
§ 63.4(b)-(c)Circumvention/FragmentationYes
§ 63.5(a)Preconstruction Review ApplicabilityYes
§ 63.5(b)(1), (3), (4), (6)Requirements for Existing, Newly Constructed, and Reconstructed SourcesYes
§ 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4)Application for Approval of Construction/ReconstructionYes
§ 63.5(e)Approval of Construction/ReconstructionYes
§ 63.5(f)Approval of Construction/Reconstruction Based on Prior State ReviewYes
§ 63.6(a)Compliance With Standards and Maintenance Requirements—ApplicabilityYes
§ 63.6(b)(1)-(5), (b)(7)Compliance Dates for New and Reconstructed SourcesYesSection 63.3083 specifies the compliance dates.
§ 63.6(c)(1), (2), (5)Compliance Dates for Existing SourcesYesSection 63.3083 specifies the compliance dates.
§ 63.6(e)(1)(i)-(ii)Operation and MaintenanceYes before January 5, 2021. No on and after January 5, 2021See § 63.3100(d) for general duty requirement.
§ 63.6(e)(1)(iii)Operation and MaintenanceYes
§ 63.6(e)(3)(i), (e)(3)(iii)-(ix)SSMPYes before January 5, 2021. No on and after January 5, 2021
§ 63.6(f)(1)Compliance Except During SSMYes before January 5, 2021. No on and after January 5, 2021
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)Use of an Alternative StandardYes
§ 63.6(h)Compliance With Opacity/Visible Emission StandardsNoSubpart IIII does not establish opacity standards and does not require continuous opacity monitoring systems (COMS).
§ 63.6(i)(1)-(14), (16)Extension of ComplianceYes
63.6(j)Presidential Compliance ExemptionYes
§ 63.7(a)(1)Performance Test Requirements—ApplicabilityYesApplies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3164 and 63.3166.
§ 63.7(a)(2) except (a)(2)(i)-(viii)Performance Test Requirements—DatesYesApplies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.3160 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2).
§ 63.7(a)(3)-(4)Performance Tests Required By the Administrator, Force MajeureYes
§ 63.7(b)-(d)Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing Conditions During TestYesApplies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards.
§ 63.7(e)(1)Conduct of performance testsYes before January 5, 2021. No on and after January 5, 2021See § 63.3164.
§ 63.7(e)(2)-(4)Conduct of performance testsYes
§ 63.7(f)Performance Test Requirements—Use of Alternative Test MethodYesApplies to all test methods except those used to determine capture system efficiency.
§ 63.7(g)-(h)Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of TestYesApplies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards.
§ 63.8(a)(1)-(2)Monitoring Requirements—ApplicabilityYesApplies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.3168.
§ 63.8(a)(4)Additional Monitoring RequirementsNoSubpart IIII does not have monitoring requirements for flares.
§ 63.8(b)Conduct of MonitoringYes
§ 63.8(c)(1)Continuous Monitoring Systems (CMS) Operation and MaintenanceYes before January 5, 2021. No on and after January 5, 2021Section 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply.
63.8(c)(2)-(3)CMS Operation and MaintenanceYesApplies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.3168.
§ 63.8(c)(4)CMSNoSection 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply with the standards.
§ 63.8(c)(5)COMSNoSubpart IIII does not have opacity or visible emission standards.
§ 63.8(c)(6)CMS RequirementsNoSection 63.3168 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply with the standards.
§ 63.8(c)(7)CMS Out-of-Control PeriodsYes
§ 63.8(c)(8)CMS Out-of-Control Periods ReportingNoSection 63.3120 requires reporting of CMS out-of-control periods.
§ 63.8(d)-(e)Quality Control Program and CMS Performance EvaluationNoSubpart IIII does not require the use of continuous emissions monitoring systems.
§ 63.8(f)(1)-(5)Use of an Alternative Monitoring MethodYes
§ 63.8(f)(6)Alternative to Relative Accuracy TestNoSubpart IIII does not require the use of CEMS.
§ 63.8(g)Data ReductionNoSections 63.3167 and 63.3168 specify monitoring data reduction.
§ 63.9(a)Notification RequirementsYes
§ 63.9(b)(1)-(2)Initial NotificationsYes
§ 63.9(b)(4)(i), (b)(4)(v), (b)(5)Application for Approval of Construction or ReconstructionYes
§ 63.9(c)Request for Extension of ComplianceYes
§ 63.9(d)Special Compliance Requirement NotificationYes
§ 63.9(e)Notification of Performance TestYesApplies only to capture system and add-on control device performance tests at sources using these to comply with the standards.
§ 63.9(f)Notification of Visible Emissions/Opacity TestNoSubpart IIII does not have opacity or visible emission standards.
§ 63.9(g)Additional Notifications When Using CMSNoSubpart IIII does not require the use of CEMS.
§ 63.9(h)(1)-(3), (5)-(6)Notification of Compliance StatusYesSection 63.3110 specifies the dates for submitting the notification of compliance status.
§ 63.9(i)Adjustment of Submittal 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—Applicability and General InformationYes
§ 63.10(b)(1)General Recordkeeping RequirementsYesAdditional requirements are specified in §§ 63.3130 and 63.3131.
§ 63.10(b)(2)(i)-(ii)Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet StandardsYes before January 5, 2021. No on and after January 5, 2021See 63.3130(g).
§ 63.10(b)(2)(iii)Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring EquipmentYes
§ 63.10(b)(2)(iv)-(v)Actions Taken to Minimize Emissions During SSMYes before January 5, 2021. No on and after January 5, 2021See § 63.3130(g)(4) for a record of actions taken to minimize emissions during a deviation from the standard.
§ 63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsYes before January 5, 2021. No on and after January 5, 2021See § 63.3130(g) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control.
§ 63.10(b)(2)(vii)-(xi)RecordsYes
§ 63.10(b)(2)(xii)RecordsYes
§ 63.10(b)(2)(xiii)NoSubpart IIII does not require the use of CEMS.
§ 63.10(b)(2)(xiv)Yes
§ 63.10(b)(3)Recordkeeping Requirements for Applicability DeterminationsYes
§ 63.10(c)(1)-(6)Additional Recordkeeping Requirements for Sources with CMSYes
§ 63.10(c)(7)-(8)Additional Recordkeeping Requirements for Sources with CMSNoSee § 63.3130(g) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control.
§ 63.10(c)(10)-(14)Yes
§ 63.10(c)(15)Records Regarding the SSM PlanYes before January 5, 2021. No on and after January 5, 2021
§ 63.10(d)(1)General Reporting RequirementsYesAdditional requirements are specified in § 63.3120.
§ 63.10(d)(2)Report of Performance Test ResultsYesAdditional requirements are specified in § 63.3120(b).
§ 63.10(d)(3)Reporting Opacity or Visible Emissions ObservationsNoSubpart IIII does not require opacity or visible emissions observations.
§ 63.10(d)(4)Progress Reports for Sources With Compliance ExtensionsYes
§ 63.10(d)(5)SSM ReportsYes before January 5, 2021. No on and after January 5, 2021See 63.3120(a)(6).
§ 63.10(e)(1)-(2)Additional CMS ReportsNoSubpart IIII does not require the use of CEMS.
§ 63.10(e)(3)Excess Emissions/CMS Performance ReportsNoSection 63.3120(b) specifies the contents of periodic compliance reports.
§ 63.10(e)(4)COMS Data ReportsNoSubpart IIII does not specify requirements for opacity or COMS.
§ 63.10(f)Recordkeeping/Reporting WaiverYes
§ 63.11Control Device Requirements/FlaresNoSubpart IIII does not specify use of flares for compliance.
§ 63.12State Authority and DelegationsYes
§ 63.13AddressesYes
§ 63.14IBRYes
§ 63.15Availability of Information/ConfidentialityYes
[85 FR 41133, July 8, 2020, 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.