Regulations last checked for updates: May 15, 2024

Title 40 - Protection of Environment last revised: May 13, 2024
Appendix - Table 15 to Subpart WWWW of Part 63—Applicability of General Provisions (Subpart A) to Subpart WWWW of Part 63

As specified in § 63.5925, the parts of the General Provisions which apply to you are shown in the following table:

The general provisions
reference . . .
That addresses . . . And applies to subpart WWWW of part 63 . . . Subject to the following additional
information . . .
§ 63.1(a)(1)General applicability of the general provisionsYesAdditional terms defined in subpart WWWW of part 63, when overlap between subparts A and WWWW of this part, subpart WWWW of part 63 takes precedence.
§ 63.1(a)(2) through (4)General applicability of the general provisionsYes
§ 63.1(a)(5)ReservedNo
§ 63.1(a)(6)General applicability of the general provisionsYes
§ 63.1(a)(7) through (9)ReservedNo
§ 63.1(a)(10) through (14)General applicability of the general provisionsYes
§ 63.1(b)(1)Initial applicability determinationYesSubpart WWWW of part 63 clarifies the applicability in §§ 63.5780 and 63.5785.
§ 63.1(b)(2)ReservedNo
§ 63.1(b)(3)Record of the applicability determinationYes
§ 63.1(c)(1)Applicability of this part after a relevant standard has been set under this partYesSubpart WWWW of part 63 clarifies the applicability of each paragraph of subpart A to sources subject to subpart WWWW of part 63.
§ 63.1(c)(2)Title V operating permit requirementYesAll major affected sources are required to obtain a title V operating permit. Area sources are not subject to subpart WWWW of part 63.
§ 63.1(c)(3) and (4)ReservedNo
§ 63.1(c)(5)Notification requirements for an area source that increases HAP emissions to major source levelsYes
§ 63.1(c)(6)ReclassificationYes
§ 63.1(d)ReservedNo
§ 63.1(e)Applicability of permit program before a relevant standard has been set under this partYes
§ 63.2DefinitionsYesSubpart WWWW of part 63 defines terms in § 63.5935. When overlap between subparts A and WWWW of part 63 occurs, you must comply with the subpart WWWW of part 63 definitions, which take precedence over the subpart A definitions.
§ 63.3Units and abbreviationsYesOther units and abbreviations used in subpart WWWW of part 63 are defined in subpart WWWW of part 63.
§ 63.4Prohibited activities and circumventionYes§ 63.4(a)(3) through (5) is reserved and does not apply.
§ 63.5(a)(1) and (2)Applicability of construction and reconstructionYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(b)(1)Relevant standards for new sources upon constructionYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(b)(2)ReservedNo
§ 63.5(b)(3)New construction/reconstructionYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(b)(4)Construction/reconstruction notificationYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(b)(5)ReservedNo
§ 63.5(b)(6)Equipment addition or process changeYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(c)ReservedNo
§ 63.5(d)(1)General application for approval of construction or reconstructionYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.5(d)(2)Application for approval of constructionYes
§ 63.5(d)(3)Application for approval of reconstructionNo
§ 63.5(d)(4)Additional informationYes
§ 63.5(e)(1) through (5)Approval of construction or reconstructionYes
§ 63.5(f)(1) and (2)Approval of construction or reconstruction based on prior State preconstruction reviewYes
§ 63.6(a)(1)Applicability of compliance with standards and maintenance requirementsYes
§ 63.6(a)(2)Applicability of area sources that increase HAP emissions to become major sourcesYes
§ 63.6(b)(1) through (5)Compliance dates for new and reconstructed sourcesYesSubpart WWWW of part 63 clarifies compliance dates in § 63.5800.
§ 63.6(b)(6)ReservedNo
§ 63.6(b)(7)Compliance dates for new operations or equipment that cause an area source to become a major sourceYesNew operations at an existing facility are not subject to new source standards.
§ 63.6(c)(1) and (2)Compliance dates for existing sourcesYesSubpart WWWW of part 63 clarifies compliance dates in § 63.5800.
§ 63.6(c)(3) and (4)ReservedNo
§ 63.6(c)(5)Compliance dates for existing area sources that become majorYesSubpart WWWW of part 63 clarifies compliance dates in § 63.5800.
§ 63.6(d)ReservedNo
§ 63.6(e)(1)Operation and maintenance requirementsYesExcept portions of § 63.6(e)(1)(i) and (ii) specific to conditions during startup, shutdown, or malfunction.
§ 63.6(e)(3)SSM plan and recordkeepingNo
§ 63.6(f)(1)Compliance except during periods of startup, shutdown, and malfunctionNoSubpart WWWW of part 63 requires compliance at all times.
§ 63.6(f)(2) and (3)Methods for determining complianceYes
§ 63.6(g)(1) through (3)Alternative standardYes
§ 63.6(h)Opacity and visible emission StandardsNoSubpart WWWW of part 63 does not contain opacity or visible emission standards.
§ 63.6(i)(1) through (14)Compliance extensionsYes
§ 63.6(i)(15)ReservedNo
§ 63.6(i)(16)Compliance extensionsYes
§ 63.6(j)Presidential compliance exemptionYes
§ 63.7(a)(1)Applicability of performance testing requirementsYes
§ 63.7(a)(2)Performance test datesNoSubpart WWWW of part 63 initial compliance requirements are in § 63.5840.
§ 63.7(a)(3)CAA Section 114 authorityYes
§ 63.7(b)(1)Notification of performance testYes
§ 63.7(b)(2)Notification rescheduled performance testYes
§ 63.7(c)Quality assurance program, including test planYesExcept that the test plan must be submitted with the notification of the performance test.
§ 63.7(d)Performance testing facilitiesYes
§ 63.7(e)Conditions for conducting performance testsYesPerformance test requirements are contained in § 63.5850. Additional requirements for conducting performance tests for continuous lamination/casting are included in § 63.5870.
Conditions specific to operations during periods of startup, shutdown, and malfunction in § 63.7(e)(1) do not apply.
§ 63.7(f)Use of alternative test methodYes
§ 63.7(g)Performance test data analysis, recordkeeping, and reportingYes
§ 63.7(h)Waiver of performance testsYes
§ 63.8(a)(1) and (2)Applicability of monitoring requirementsYes
§ 63.8(a)(3)ReservedNo
§ 63.8(a)(4)Monitoring requirements when using flaresYes
§ 63.8(b)(1)Conduct of monitoring exceptionsYes
§ 63.8(b)(2) and (3)Multiple effluents and multiple monitoring systemsYes
§ 63.8(c)(1)Compliance with CMS operation and maintenance requirementsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
Except references to SSM plans in § 63.8(c)(1)(i) and (iii).
§ 63.8(c)(2) and (3)Monitoring system installationYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(c)(4)CMS requirementsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(c)(5)Continuous Opacity Monitoring System (COMS) minimum proceduresNoSubpart WWWW of part 63 does not contain opacity standards.
§ 63.8(c)(6) through (8)CMS calibration and periods CMS is out of controlYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(d)(1)-(2)CMS quality control program, including test plan and all previous versionsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(d)(3)CMS quality control program, including test plan and all previous versionsYesExcept references to SSM plans in § 63.8(d)(3).
§ 63.8(e)(1)Performance evaluation of CMSYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(e)(2)Notification of performance evaluationYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(e)(3) and (4)CMS requirements/alternativesYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(e)(5)(i)Reporting performance evaluation resultsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(e)(5)(ii)Results of COMS performance evaluationNoSubpart WWWW of part 63 does not contain opacity standards.
§ 63.8(f)(1) through (3)Use of an alternative monitoring methodYes
§ 63.8(f)(4)Request to use an alternative monitoring methodYes
§ 63.8(f)(5)Approval of request to use an alternative monitoring methodYes
§ 63.8(f)(6)Request for alternative to relative accuracy test and associated recordsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.8(g)(1) through (5)Data reductionYes
§ 63.9(a)(1) through (4)Notification requirements and general informationYes
§ 63.9(b)(1)Initial notification applicabilityYes
§ 63.9(b)(2)Notification for affected source with initial startup before effective date of standardYes
§ 63.9(b)(3)ReservedNo
§ 63.9(b)(4)(i)Notification for a new or reconstructed major affected source with initial startup after effective date for which an application for approval of construction or reconstruction is requiredYes
§ 63.9(b)(4)(ii) through (iv)ReservedNo
§ 63.9(b)(4)(v)Notification for a new or reconstructed major affected source with initial startup after effective date for which an application for approval of construction or reconstruction is requiredYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 63.9(b)(5)Notification that you are subject to this subpart for new or reconstructed affected source with initial startup after effective date and for which an application for approval of construction or reconstruction is not requiredYesExisting facilities do not become reconstructed under subpart WWWW of part 63.
§ 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 opacity and visible emissions observationsNoSubpart WWWW of part 63 does not contain opacity or visible emission standards.
§ 63.9(g)(1)Additional notification requirements for sources using CMSYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.9(g)(2)Notification of compliance with opacity emission standardNoSubpart WWWW of part 63 does not contain opacity emission standards.
§ 63.9(g)(3)Notification that criterion to continue use of alternative to relative accuracy testing has been exceededYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.9(h)(1) through (3)Notification of compliance statusYes
§ 63.9(h)(4)ReservedNo
§ 63.9(h)(5) and (6)Notification of compliance statusYes
§ 63.9(i)Adjustment of submittal deadlinesYes
§ 63.9(j)Change in information providedYes
§ 63.9(k)Electronic reporting proceduresYesOnly as specified in § 63.9(j).
§ 63.10(a)Applicability of recordkeeping and reportingYes
§ 63.10(b)(1)Records retentionYes
§ 63.10(b)(2)(i) through (v)Records related to startup, shutdown, and malfunctionNo
§ 63.10(b)(2)(vi) through (xi)CMS records, data on performance tests, CMS performance evaluations, measurements necessary to determine conditions of performance tests, and performance evaluationsYes
§ 63.10(b)(2)(xii)Record of waiver of recordkeeping and reportingYes
§ 63.10(b)(2)(xiii)Record for alternative to the relative accuracy testYes
§ 63.10(b)(2)(xiv)Records supporting initial notification and notification of compliance statusYes
§ 63.10(b)(3)Records for applicability determinationsYes
§ 63.10(c)(1)CMS recordsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.10(c)(2) through (4)ReservedNo
§ 63.10(c)(5) through (8)CMS recordsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.10(c)(9)ReservedNo
§ 63.10(c)(10) through (14)CMS recordsYesThis section applies if you elect to use a CMS to demonstrate continuous compliance with an emission limit.
§ 63.10(c)(15)CMS recordsNo
§ 63.10(d)(1)General reporting requirementsYes
§ 63.10(d)(2)Report of performance test resultsYes
§ 63.10(d)(3)Reporting results of opacity or visible emission observationsNoSubpart WWWW of part 63 does not contain opacity or visible emission standards.
§ 63.10(d)(4)Progress reports as part of extension of complianceYes
§ 63.10(d)(5)Startup, shutdown, and malfunction reportsNo
§ 63.10(e)(1) through (3)Additional reporting requirements for CMSYesThis section applies if you have an add-on control device and elect to use a CEM to demonstrate continuous compliance with an emission limit.
§ 63.10(e)(4)Reporting COMS dataNoSubpart WWWW of part 63 does not contain opacity standards.
§ 63.10(f)Waiver for recordkeeping or reportingYes
§ 63.11Control device requirementsYesOnly applies if you elect to use a flare as a control device.
§ 63.12State authority and delegationsYes
§ 63.13Addresses of state air pollution control agencies and EPA Regional officesYes
§ 63.14Incorporations by referenceYes
§ 63.15Availability of information and confidentialityYes
[85 FR 15979, Mar. 20, 2020, as amended at 85 FR 73911, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.