Regulations last checked for updates: May 15, 2024

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

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

General provisions reference Subject Applicable to subpart SSSS Explanation
§ 63.1(a)(1)-(4)General ApplicabilityYes
§ 63.1(a)(6)Source Category ListingYes
§ 63.1(a)(10)-(12)Timing and Overlap ClarificationsYes
§ 63.1(b)(1)Initial Applicability DeterminationYesApplicability to Subpart SSSS is also specified in § 63.5090.
§ 63.1(b)(3)Applicability Determination RecordkeepingYes
§ 63.1(c)(1)Applicability after Standard EstablishedYes
§ 63.1(c)(2)Applicability of Permit Program for Area SourcesYes
§ 63.1(c)(5)Extensions and NotificationsYes
§ 63.1(c)(6)Yes
§ 63.1(e)Applicability of Permit Program Before Relevant Standard is SetYes
§ 63.2DefinitionsYesAdditional definitions are specified in § 63.5110.
§ 63.3Units and AbbreviationsYes
§ 63.4(a)(1)-(2)Prohibited ActivitiesYes
§ 63.4(b)-(c)Circumvention/FragmentationYes
§ 63.5(a)Construction/ReconstructionYes
§ 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/ReconstructionYesOnly total HAP emissions in terms of tons per year are required for § 63.5(d)(1)(ii)(H).
§ 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 63.5130 specifies the compliance dates.
§ 63.6(c)(1), (2), (5)Compliance Dates for Existing SourcesYesSection 63.5130 specifies the compliance dates.
§ 63.6(e)(1)(i)-(ii)General Duty to Minimize Emissions and Requirement to Correct Malfunctions As Soon As PossibleYes before August 24, 2020, No on and after August 24, 2020See § 63.5140(b) for general duty requirement.
§ 63.6(e)(1)(iii)Operation and Maintenance RequirementsYes
§ 63.6(e)(3)(i), (e)(3)(iii)-(ix)SSMP RequirementsYes before August 24, 2020, No on and after August 24, 2020
§ 63.6(f)(1)SSM ExemptionYes before August 24, 2020, No on and after August 24, 2020See § 63.5140(b) for general duty requirement.
§ 63.6(f)(2)-(3)Compliance with Non-Opacity Emission StandardsYes
§ 63.6(g)Alternative Non-Opacity Emission StandardYes
§ 63.6(h)Compliance with Opacity/Visible Emission StandardsNoSubpart SSSS does not establish opacity standards or visible emission standards.
§ 63.6(i)(1)-(14), (i)(16)Extension of Compliance and Administrator's AuthorityYes
§ 63.6(j)Presidential Compliance ExemptionYes
§ 63.7(a)-(d) except (a)(2)(i)-(viii)Performance Test RequirementsYes
§ 63.7(e)(1)Performance TestingYes before August 24, 2020, No on and after August 24, 2020See § 63.5160(d)(2).
§ 63.7(e)(2)-(4)Conduct of Performance TestsYes
§ 63.7(f)Alternative Test MethodYesEPA retains approval authority.
§ 63.7(g)-(h)Data Analysis and Waiver of TestsYes
§ 63.8(a)(1)-(2)Monitoring Requirements—ApplicabilityYesAdditional requirements for monitoring are specified in § 63.5150(a).
§ 63.8(a)(4)Additional Monitoring RequirementsNoSubpart SSSS does not have monitoring requirements for flares.
§ 63.8(b)Conduct of MonitoringYes
§ 63.8(c)(1)Operation and Maintenance of Continuous Monitoring System (CMS)Yes before August 24, 2020, No on and after August 24, 2020Section 63.5150(a) 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 § 63.5170.
§ 63.8(c)(4)-(5)CMS Continuous Operation ProceduresNoSubpart SSSS does not require COMS.
§ 63.8(c)(6)-(8)CMS RequirementsYesProvisions only apply if CEMS are used.
§ 63.8(d)-(e)CMS Quality Control, Written Procedures, and Performance EvaluationYesProvisions only apply if CEMS are used.
§ 63.8(f)(1)-(5)Use of an Alternative Monitoring MethodYesEPA retains approval authority.
§ 63.8(f)(6)Alternative to Relative Accuracy TestNoSection 63.8(f)(6) provisions are not applicable because subpart SSSS does not require CEMS.
§ 63.8(g)Data ReductionNoSections 63.5170, 63.5140, 63.5150, and 63.5150 specify monitoring data reduction.
§ 63.9(a)Notification of ApplicabilityYes
§ 63.9(b)(1)Initial NotificationsYes
§ 63.9(b)(2)Initial NotificationsYesWith the exception that § 63.5180(b)(1) provides 2 years after the proposal date for submittal of the initial notification for existing sources.
§ 63.9(b)(4)(i), (b)(4)(v), (b)(5)Application for Approval of Construction or ReconstructionYes
§ 63.9(c)-(e)Request for Extension of Compliance, New Source Notification for Special Compliance Requirements, and Notification of Performance TestYesNotification of performance test requirement applies 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 SSSS does not require opacity and visible emissions observations.
§ 63.9(g)Additional Notifications When Using CMSNoProvisions for COMS are not applicable.
§ 63.9(h)(1)-(3)Notification of Compliance StatusYesSection 63.5130 specifies the dates for submitting the notification of compliance status.
§ 63.9(h)(5)-(6)ClarificationsYes
§ 63.9(i)Adjustment of Submittal DeadlinesYes
§ 63.9(j)Change in Previous InformationYes
§ 63.9(k)YesOnly 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 § 63.5190.
§ 63.10(b)(2)(i)-(ii)Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Recordkeeping of Failures to Meet StandardsYes before August 24, 2020, No on and after August 24, 2020See § 63.5190(a)(5).
§ 63.10(b)(2)(iii)Maintenance RecordsYes
§ 63.10(b)(2)(iv)-(v)Actions Taken to Minimize Emissions During Startup, Shutdown, and MalfunctionYes before August 24, 2020, No on and after August 24, 2020See § 63.5190(a)(5).
§ 63.10(b)(2)(vi)Recordkeeping for CMS MalfunctionsYes before August 24, 2020, No on and after August 24, 2020See § 63.5190(a)(5).
§ 63.10(b)(2)(vii)-(xiv)Other CMS RequirementsYes
§ 63.10(b)(3)Recordkeeping Requirements for Applicability DeterminationsYes
§ 63.10(c)Additional CMS Recordkeeping RequirementsNoSee § 63.5190(a)(5).
§ 63.10(d)(1)-(2)General Reporting Requirements and Report of Performance Test ResultsYesAdditional requirements are specified in § 63.5180(e).
§ 63.10(d)(3)Reporting Opacity or Visible Emissions ObservationsNoSubpart SSSS does not require opacity and visible emissions observations.
§ 63.10(d)(4)Progress Reports for Sources with Compliance ExtensionsYes
§ 63.10(d)(5)Startup, Shutdown, Malfunction ReportsYes before August 24, 2020, No on and after August 24, 2020
§ 63.10(e)Additional Reporting Requirements for Sources with CMSNo
§ 63.10(f)Recordkeeping/Reporting WaiverYes
§ 63.11Control Device Requirements/FlaresNoSubpart SSSS does not specify use of flares for compliance.
§ 63.12State Authority and DelegationsYes
§ 63.13(a)AddressesYes before August 24, 2020, No on and after August 24, 2020
§ 63.13(b)Submittal to State AgenciesYes
§ 63.13(c)Submittal to State AgenciesYes before August 24, 2020, No unless the state requires the submittal via CEDRI, on and after August 24, 2020
§ 63.14Incorporation by ReferenceYesSubpart SSSS includes provisions for alternative ASTM and ASME test methods that are incorporated by reference.
§ 63.15Availability of Information/ConfidentialityYes
[85 FR 10868, Feb. 25, 2020, as amended at 85 FR 73908, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.