Regulations last checked for updates: May 18, 2024

Title 40 - Protection of Environment last revised: May 16, 2024
Appendix - Table 7 to Subpart LLLLL of Part 63—Applicability of General Provisions to Subpart LLLLL
Citation Subject Brief description Applies to subpart LLLLL
§ 63.1ApplicabilityInitial Applicability Determination; Applicability After Standard Established; Permit Requirements; Extensions, NotificationsYes.
§ 63.2DefinitionsDefinitions for part 63 standardsYes.
§ 63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§ 63.4Prohibited ActivitiesProhibited Activities; Compliance date; Circumvention, SeverabilityYes.
§ 63.5Construction/ReconstructionApplicability; applications; approvalsYes.
§ 63.6(a)ApplicabilityGP apply unless compliance extension GP apply to area sources that become majorYes.
§ 63.6(b)(1)-(4)Compliance Dates for New and Reconstructed sourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)Yes.
§ 63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§ 63.6(b)(6)[Reserved]
§ 63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceYes.
§ 63.6(c)(1)-(2)Compliance Dates for Existing Sources1. Comply according to date in subpart, which must be no later than 3 years after effective date
2. For section 112(f) standards, comply within 90 days of effective date unless compliance extension has been granted
Yes.
§ 63.6(c)(3)-(4)[Reserved]
§ 63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (for example, 3 years)Yes.
§ 63.6(d)[Reserved]
§ 63.6(e)(1)(i)Operation & MaintenanceOperate to minimize emissions at all timesYes before September 9, 2020. No on and after September 9, 2020. See § 63.8685(b) for general duty requirement.
§ 63.6(e)(1)(ii)Operation & MaintenanceCorrect malfunctions as soon as practicableYes before September 9, 2020. No on and after September 9, 2020.
§ 63.6(e)(1)(iii)Operation & MaintenanceOperation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were metYes.
§ 63.6(e)(2)[Reserved]
§ 63.6(e)(3)Startup, Shutdown, and Malfunction (SSM) Plan (SSMP)1. Requirement for SSM and startup, shutdown, malfunction plan
2. Content of SSMP.
Yes before September 9, 2020. No on and after September 9, 2020.
§ 63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMYes before September 9, 2020. No on and after September 9, 2020.
§ 63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§ 63.6(g)(1)-(3)Alternative Nonopacity StandardProcedures for getting an alternative nonopacity standardYes.
§ 63.6(h)Opacity/Visible Emission (VE) StandardsRequirements for opacity and VE limitsYes.
§ 63.6(h)(1)Compliance with Opacity/VE StandardsYou must comply with opacity/VE emission limitations at all times except during SSMYes before September 9, 2020. No on and after September 9, 2020.
§ 63.6(h)(2)(i)Determining Compliance with Opacity/VE StandardsIf standard does not state test method, use EPA test method 9, 40 CFR 60, appendix A for opacity and EPA test method 22, 40 CFR 60, appendix A for VENo. The test methods for opacity and visible emissions are specified in § 63.8687.
§ 63.6(h)(2)(ii)[Reserved]
§ 63.6(h)(2)(iii)Using Previous Tests to Demonstrate Compliance with Opacity/VE StandardsCriteria for when previous opacity/VE testing can be used to show compliance with this ruleYes.
§ 63.6(h)(3)[Reserved]
§ 63.6(h)(4)Notification of Opacity/VE Observation DateMust notify Administrator of anticipated date of observationYes.
§ 63.6(h)(5)(i), (iii)-(v)Conducting Opacity/VE ObservationsDates and Schedule for conducting opacity/VE observationsYes.
§ 63.6(h)(5)(ii)Opacity Test Duration and Averaging TimesMust have at least 3 hours of observation with thirty 6-minute averagesYes.
§ 63.6(h)(6)Records of Conditions During Opacity/VE ObservationsMust keep records available and allow Administrator to inspectYes.
§ 63.6(h)(7)(i)Report COMS Monitoring Data from Performance TestMust submit COMS data with other performance test dataYes, if COMS used.
§ 63.6(h)(7)(ii)Using COMS instead of EPA test method 9, 40 CFR 60, appendix ACan submit COMS data instead of EPA test method 9, 40 CFR 60, appendix A results even if rule requires EPA test method 9, 40 CFR 60, appendix A, but must notify Administrator before performance testYes, if COMS used.
§ 63.6(h)(7)(iii)Averaging time for COMS during performance testTo determine compliance, must reduce COMS data to 6-minute averagesYes, if COMS used.
§ 63.6(h)(7)(iv)COMS requirementsOwner/operator must demonstrate that COMS performance evaluations are conducted according to § 63.8(e), COMS are properly maintained and operated according to § 63.8(c) and data quality as § 63.8(d)Yes, if COMS used.
§ 63.6(h)(7)(v)Determining Compliance with Opacity/VE StandardsCOMS is probative but not conclusive evidence of compliance with opacity standard, even if EPA test method 9, 40 CFR 60, appendix A observation shows otherwise. Requirements for COMS to be probative evidence, proper maintenance, meeting PS 1, and data have not been alteredYes, if COMS used.
§ 63.6(h)(8)Determining Compliance with Opacity/VE StandardsAdministrator will use all COMS, EPA test method 9, 40 CFR 60, appendix A, and EPA test method 22, 40 CFR 60, appendix A results, as well as information about operation and maintenance to determine complianceYes.
§ 63.6(h)(9)Adjusted Opacity StandardProcedures for Administrator to adjust an opacity standardYes.
§ 63.6(i)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§ 63.6(j)Presidential Compliance ExemptionPresident may exempt source category from requirement to comply with ruleYes.
§ 63.7(a)(1)-(2)Performance Test DatesDates for conducting initial performance testing and other compliance demonstrations. Must conduct 180 days after first subject to ruleYes.
§ 63.7(a)(3)Section 114 AuthorityAdministrator may require a performance test under CAA section 114 at any timeYes.
§ 63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§ 63.7(b)(2)Notification of ReschedulingIf rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled dateYes.
§ 63.7(c)Quality Assurance/Test Plan1. Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with:
2. Test plan approval procedures
3. Performance audit requirements
4. Internal and external QA procedures for testing
Yes.
§ 63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
§ 63.7(e)(1)Conditions for Conducting Performance Tests1. Performance tests must be conducted under representative conditions. Cannot conduct performance tests during SSM
2. Not a violation to exceed standard during SSM
Yes before September 9, 2020. No on and after September 9, 2020. See § 63.8687.
§ 63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to rule and EPA test methods unless Administrator approves alternativeYes.
§ 63.7(e)(3)Test Run Duration1. Must have three test runs of at least 1 hour each
2. Compliance is based on arithmetic mean of three runs
3. Conditions when data from an additional test run can be used
Yes.
§ 63.7(e)(4)Conduct of performance testsAdministrator's authority to require testing under section 114 of the ActYes.
§ 63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an alternative test methodYes.
§ 63.7(g)Performance Test Data Analysis1. Must include raw data in performance test report
2. Must submit performance test data 60 days after end of test with the Notification of Compliance Status
3. Keep data for 5 years
Yes.
§ 63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§ 63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYes.
§ 63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of part 60 applyYes, if CEMS used.
§ 63.8(a)(3)[Reserved]
§ 63.8(a)(4)Monitoring with FlaresUnless your rule says otherwise, the requirements for flares in § 63.11 applyYes.
§ 63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§ 63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring Systems1. Specific requirements for installing monitoring systems
2. Must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise
3. If more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup
Yes.
§ 63.8(c)(1)(i)Routine and predictable CMS malfunction1. Keep parts for routine repairs readily available
2. Reporting requirements for CMS malfunction when action is described in SSM plan
Yes before September 9, 2020. No on and after September 9, 2020.
§ 63.8(c)(1)(ii)CMS malfunction not in SSP planKeep the necessary parts for routine repairs if CMSYes.
§ 63.8(c)(1)(iii)Compliance with Operation and Maintenance RequirementsDevelop a written startup, shutdown, and malfunction plan for CMSYes before September 9, 2020. No on and after September 9, 2020.
§ 63.8(c)(2)-(3)Monitoring System Installation1. Must install to get representative emission and parameter measurements
2. Must verify operational status before or at performance test
Yes.
§ 63.8(c)(4)CMS RequirementsCMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsNo; § 63.8690 specifies the CMS requirements.
§ 63.8(c)(4)(i)-(ii)CMS Requirements1. COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period
2. CEMS must have a minimum of one cycle of operation for each successive 15-minute period
Yes, if COMS used.
§ 63.8(c)(5)COMS Minimum ProceduresCOMS minimum proceduresYes.
§ 63.8(c)(6)CMS RequirementsZero and High level calibration check requirementsNo; § 63.8688 specifies the CMS requirements.
§ 63.8(c)(7)-(8)CMS RequirementsOut-of-control periods, including reportingYes.
§ 63.8(d)CMS Quality Control1. Requirements for CMS quality control, including calibration, etc
2. Must keep quality control plan on record for the life of the affected source
3. Keep old versions for 5 years after revisions
Yes.
§ 63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsNo; § 63.8688 specifies the CMS requirements.
§ 63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes.
§ 63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes, if CEMS used.
§ 63.8(g)(1)-(4)Data Reduction1. COMS 6-minute averages calculated over at least 36 evenly spaced data points
2. CEMS 1-hour averages computed over at least 4 equally spaced data points
Yes, if CEMS or COMS used.
§ 63.8(g)(5)Data ReductionData that cannot be used in computing averages for CMSNo; § 63.8690 specifies the CMS requirements.
§ 63.9(a)Notification RequirementsApplicability and State DelegationYes.
§ 63.9(b)(1)-(5)Initial Notifications1. Submit notification 120 days after effective date
2. Notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup
3. Contents of each
Yes.
§ 63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed Best Achievable Control Technology (BACT)/Lowest Achievable Emission Rate (LAER)Yes.
§ 63.9(d)Notification of Special Compliance Requirements for New SourceFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§ 63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§ 63.9(f)Notification of VE/Opacity TestNotify Administrator 30 days priorYes.
§ 63.9(g)Additional Notifications When Using CMS1. Notification of performance evaluation
2. Notification using COMS data
3. Notification that the criterion for use of alternative to relative accuracy testing was exceeded
No; § 63.8692 specifies the CMS notification requirements.
§ 63.9(h)(1)-(6)Notification of Compliance Status1. Contents.
2. Due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after
3. When to submit to Federal vs. State authority
Yes.
§ 63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change in dates when notifications must be submittedYes.
§ 63.9(j)Change in Previous InformationMust submit within 15 days after the changeYes.
§ 63.9(k)Electronic reporting proceduresElectronic reporting procedures for notifications per § 63.9(j)Yes.
§ 63.10(a)Recordkeeping/Reporting1. Applies to all, unless compliance extension
2. When to submit to Federal vs. State authority
3. Procedures for owners of more than 1 source
Yes.
§ 63.10(b)(1)Recordkeeping/Reporting1. General Requirements
2. Keep all records readily available.
3. Keep for 5 years
Yes.
§ 63.10(b)(2)(i)Records related to Startup and ShutdownOccurrence of each of operation (process equipment)Yes before September 9, 2020. No on and after September 9, 2020.
§ 63.10(b)(2)(ii)Recordkeeping Relevant to Malfunction Periods and CMSOccurrence of each malfunction of air pollution equipmentYes before September 9, 2020. No on and after September 9, 2020.
§ 63.10(b)(2)(iii)Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring EquipmentMaintenance on air pollution control equipmentYes.
§ 63.10(b)(2)(iv)Recordkeeping Relevant to Startup, Shutdown, and Malfunction Periods and CMSActions during startup, shutdown, and malfunctionYes before September 9, 2020. No on and after September 9, 2020.
§ 63.10(b)(2)(v)Recordkeeping Relevant to Startup, Shutdown, and Malfunction Periods and CMSActions during startup, shutdown, and malfunctionYes before September 9, 2020. No on and after September 9, 2020.
§ 63.10(b)(2)(vi) and (x-xi)CMS Records1. Malfunctions, inoperative, out-of-control
2. Calibration checks
3. Adjustments, maintenance
Yes.
§ 63.10(b)(2)(vii)-(ix)Records1. Measurements to demonstrate compliance with emission limitations
2. Performance test, performance evaluation, and visible emission observation results
3. Measurements to determine conditions of performance tests and performance evaluations
Yes.
§ 63.10(b)(2)(xii)RecordsRecords when under waiverYes
§ 63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYes.
§ 63.10(b)(2)(xiv)RecordsAll documentation supporting Initial Notification and Notification of Compliance StatusYes.
§ 63.10(b)(3)RecordsApplicability determinationsYes.
§ 63.10(c)(1)-(6), (9)-(15)RecordsAdditional records for CMSNo; § 63.8694 specifies the CMS recordkeeping requirements.
§ 63.10(c)(7)-(8)RecordsRecords of excess emissions and parameter monitoring exceedances for CMSNo; § 63.8694 specifies the CMS recordkeeping requirements.
§ 63.10(d)(1)General Reporting RequirementsRequirement to reportYes.
§ 63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYes.
§ 63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenYes.
§ 63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§ 63.10(d)(5)Startup, Shutdown, and Malfunction ReportsContents and submissionYes before September 9, 2020. No on and after September 9, 2020.
§ 63.10(e)(1), (2)Additional CMS Reports1. Must report results for each CEM on a unit
2. Written copy of performance evaluation
3. Three copies of COMS performance evaluation
Yes.
§ 63.10(e)(3)ReportsExcess emission reportsNo; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissions and parameter monitor exceedances (now defined as deviations)No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(iv)-(v)Excess Emissions Reports1. Requirement to revert to the frequency specified in the relevant standard if there is an excess emissions and parameter monitor exceedances (now defined as deviations)
2. Provision to request semiannual reporting after compliance for one year
3. Submit report by 30th day following end of quarter or calendar half
4. If there has not been an exceedance or excess emission (now defined as deviations), report content is a statement that there have been no deviations
No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(iv)-(v)Excess Emissions ReportsMust submit report containing all of the information in § 63.10(c)(5)(13), § 63.8(c)(7)-(8)No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary Report1. Requirements for reporting excess emissions for CMS (now called deviations)
2. Requires all of the information in § 63.10(c)(5)(13), § 63.8(c)(7)-(8)
No; § 63.8693 specifies the reporting requirements.
§ 63.10(e)(4)Reporting COMS dataMust submit COMS data with performance test dataYes, if COMS used.
§ 63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§ 63.11FlaresRequirements for flaresYes.
§ 63.12DelegationState authority to enforce standardsYes.
§ 63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§ 63.14Incorporation by ReferenceTest methods incorporated by referenceYes.
§ 63.15Availability of InformationPublic and confidential informationYes.
[68 FR 24577, May 7, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 85 FR 14556, Mar. 12, 2020; 85 FR 73916, Nov. 19, 2020]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.