Regulations last checked for updates: May 15, 2024

Title 40 - Protection of Environment last revised: May 13, 2024
Appendix - Table 3 to Subpart OOOO of Part 63—Applicability of General Provisions to Subpart OOOO

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

Citation Subject Applicable to subpart OOOO Explanation
§ 63.1(a)(1)-(12)General ApplicabilityYes
§ 63.1(b)(1)-(3)Initial Applicability DeterminationYesApplicability to subpart OOOO is also specified in § 63.4281.
§ 63.1(c)(1)Applicability After Standard EstablishedYes
§ 63.1(c)(2)-(3)Applicability of Permit Program for Area SourcesNoArea sources are not subject to subpart OOOO.
§ 63.1(c)(4)-(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 § 63.4371.
§ 63.3(a)-(c)Units and AbbreviationsYes
§ 63.4(a)(1)-(5)Prohibited ActivitiesYes
§ 63.4(b)-(c)Circumvention/SeverabilityYes
§ 63.5(a)Construction/ReconstructionYes
§ 63.5(b)(1)-(6)Requirements for Existing, Newly Constructed, and Reconstructed SourcesYes
§ 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 Prior State ReviewYes
§ 63.6(a)Compliance With Standards and Maintenance Requirements—ApplicabilityYes
§ 63.6(b)(1)-(7)Compliance Dates for New and Reconstructed SourcesYesSection 63.4283 specifies the compliance dates.
§ 63.6(c)(1)-(5)Compliance Dates for Existing SourcesYesSection 63.4283 specifies the compliance dates.
§ 63.6(e)(1)(i)Operation and MaintenanceYes, before September 12, 2019.
No, on and after September 12, 2019
See § 63.4300(b) for general duty requirement.
§ 63.6(e)(1)(ii)Operation and MaintenanceYes, before September 12, 2019.
No, on and after September 12, 2019
§ 63.6(e)(1)(iii)Operation and MaintenanceYes
§ 63.6(e)(3)Startup, Shutdown, and Malfunction PlanYes, before September 12, 2019.
No, on and after September 12, 2019
§ 63.6(f)(1)Compliance Except During Startup, Shutdown, and MalfunctionYes, before September 12, 2019.
No, on and after September 12, 2019
§ 63.6(f)(2)-(3)Methods for Determining ComplianceYes
§ 63.6(g)(1)-(3)Use of an Alternative StandardYes
§ 63.6(h)Compliance With Opacity/Visible Emission StandardsNoSubpart OOOO does not establish opacity standards and does not require continuous opacity monitoring systems (COMS).
§ 63.6(i)(1)-(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 §§ 63.4360, 63.4361, and 63.4362.
§ 63.7(a)(2)Performance Test Requirements—DatesYesApplies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard.
§ 63.7(a)(3)Performance Tests Required by the AdministratorYes
§ 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 control device efficiency at sources using these to comply with the standard.
§ 63.7(e)(1)Conduct of performance testsYes, before September 12, 2019.
No, on and after September 12, 2019
See § 63.4360.
§ 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, 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)-(3)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 § 63.4364.
§ 63.8(a)(4)Additional Monitoring RequirementsNoSubpart OOOO 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 September 12, 2019. No, on and after September 12, 2019Section 63.4364 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 § 63.4364.
§ 63.8(c)(4)CMSNoSection 63.4364 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)(5)COMSNoSubpart OOOO does not have opacity or visible emission standards.
§ 63.8(c)(6)CMS RequirementsNoSection 63.4364 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply.
§ 63.8(c)(7)CMS Out of Control PeriodsYes
§ 63.8(c)(8)CMS Out of Control Periods and ReportingNoSection 63.4311 requires reporting of CMS out-of-control periods.
§ 63.8(d)-(e)Quality Control Program and CMS Performance EvaluationNoSubpart OOOO does not require the use of CEMS.
§ 63.8(f)(1)-(5)Use of an Alternative Monitoring MethodYes
§ 63.8(f)(6)Alternative to Relative Accuracy TestNoSubpart OOOO does not require the use of CEMS.
§ 63.8(g)(1)-(5)Data ReductionNoSections 63.4363 and 63.4364 specify monitoring data reduction.
§ 63.9(a)Applicability and General InformationYes
§ 63.9(b)Initial NotificationsNoSubpart OOOO provides 1 year for an existing source to submit an initial notification.
§ 63.9(c)Request for Extension of ComplianceYes
§ 63.9(d)Notification that Source is Subject to Special Compliance RequirementsYes
§ 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 OOOO does not have opacity or visible emission standards.
§ 63.9(g)(1)-(3)Additional Notifications When Using CMSNoSubpart OOOO does not require the use of CEMS.
§ 63.9(h)Notification of Compliance StatusYesSection 63.4310 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 §§ 63.4312 and 63.4313.
§ 63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsYes, before September 12, 2019. No, on and after September 12, 2019See § 63.4312(i)
§ 63.10(b)(2)(ii)Recordkeeping of Failures to Meet StandardsYes, before September 12, 2019. No, on and after September 12, 2019See § 63.4312(i).
§ 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 Startup, Shutdown, and MalfunctionYes, before September 12, 2019. No, on and after September 12, 2019See § 63.4312(i)(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 September 12, 2019. No, on and after September 12, 2019.See § 63.4312(i) 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 OOOO 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 § 63.4312(i)(1) 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)Additional Recordkeeping Requirements for Sources with CMSYes
§ 63.10(c)(15)Records Regarding the Startup, Shutdown, and Malfunction PlanYes, before September 12, 2019. No, on and after September 12, 2019
§ 63.10(d)(1)General Reporting RequirementsYesAdditional requirements are specified in § 63.4311.
§ 63.10(d)(2)Report of Performance Test ResultsYesAdditional requirements are specified in § 63.4311(b).
§ 63.10(d)(3)Reporting Opacity or Visible Emissions ObservationsNoSubpart OOOO does not require opacity or visible emissions observations.
§ 63.10(d)(4)Progress Reports for Sources With Compliance ExtensionsYes
§ 63.10(d)(5)Startup, Shutdown, and Malfunction ReportsYes, before September 12, 2019. No, on and after September 12, 2019See § 63.4311(a)(7).
§ 63.10(e)(1)-(2)Additional CMS ReportsNoSubpart OOOO does not require the use of CEMS.
§ 63.10(e)(3)Excess Emissions/CMS Performance ReportsNoSection 63.4311(a) specifies the contents of periodic compliance reports.
§ 63.10(e)(4)COMS Data ReportsNoSubpart OOOO does not specify requirements for opacity or COMS.
§ 63.10(f)Recordkeeping/Reporting WaiverYes
§ 63.11Control Device Requirements/FlaresNoSubpart OOOO does not specify use of flares for compliance.
§ 63.12State Authority and DelegationsYes
§ 63.13AddressesYes
§ 63.14Incorporation by ReferenceYesASNI/ASME PTC 19.10-1981, part 10.
§ 63.15Availability of Information/ConfidentialityYes
[84 FR 9631, Mar. 15, 2019, as amended at 85 FR 73907, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.