Regulations last checked for updates: May 18, 2024

Title 40 - Protection of Environment last revised: May 16, 2024
Appendix - Table 7 to Subpart MMMMM of Part 63—Applicability of General Provisions to Subpart MMMMM

As stated in § 63.8826, you must comply with the applicable General Provisions requirements according to the following table:

Citation Requirement Applies to subpart MMMMM Explanation
§ 63.1Initial applicability determination; applicability after standard established; permit requirements; extensions; notificationsYes
§ 63.2DefinitionsYesAdditional definitions are found in § 63.8830.
§ 63.3Units and abbreviationsYes
§ 63.4Prohibited activities; compliance date; circumvention, severabilityYes
§ 63.5Construction/reconstruction applicability; applications; approvalsYes
§ 63.6(a)Compliance with standards and maintenance requirements-applicabilityYes
§ 63.6(b)(1)-(4)Compliance dates for new or reconstructed sourcesYes§ 63.8786 specifies compliance dates.
§ 63.6(b)(5)Notification if commenced construction or reconstruction after proposalYes
§ 63.6(b)(6)[Reserved]Yes
§ 63.6(b)(7)Compliance dates for new or reconstructed area sources that become majorYes§ 63.8786 specifies compliance dates.
§ 63.6(c)(1)-(2)Compliance dates for existing sourcesYes§ 63.8786 specifies compliance dates.
§ 63.6(c)(3)-(4)[Reserved]Yes
§ 63.6(c)(5)Compliance dates for existing area sources that become majorYes§ 63.8786 specifies compliance dates.
§ 63.6(d)[Reserved]Yes
§ 63.6(e)(1)(i)General duty to minimize emissionsNo§ 63.8794(c) specifies general duty requirements.
§ 63.6(e)(1)(ii)Requirement to correct malfunctions as soon as possibleNo
§ 63.6(e)(1)(iii)Enforceability of requirements independent of other regulationsYes
§ 63.6(e)(2)[Reserved]Yes
§ 63.6(e)(3)SSM plansNo
§ 63.6(f)(1)Compliance except during SSMNo
§ 63.6(f)(2)-(3)Methods for determining complianceYes
§ 63.6(g)Use of an alternative nonopacity emission standardYes
§ 63.6(h)Compliance with opacity/visible emission standardsNoSubpart MMMMM does not specify opacity or visible emission standards.
§ 63.6(i)Extension of compliance with emission standardsYes
§ 63.6(j)Presidential compliance exemptionYes
§ 63.7(a)(1)-(2)Performance test datesYesExcept for loop slitter affected sources as specified in § 63.8798(a).
§ 63.7(a)(3)Administrator's section 114 authority to require a performance testYes
§ 63.7(b)Notification of performance test and reschedulingYes
§ 63.7(c)Quality assurance program and site-specific test plansYes
§ 63.7(d)Performance testing facilitiesYes
§ 63.7(e)(1)Conditions for conducting performance testsNoRequirements for performance test conditions are found in § 63.8800(b) and (c).
§ 63.7(e)(2)-(3)Performance test data reduction and number of test runsYes
§ 63.7(f)Use of an alternative test methodYes
§ 63.7(g)Performance test data analysis, recordkeeping, and reportingYes
§ 63.7(h)Waiver of performance testsYes
§ 63.8(a)(1)-(2)Applicability of monitoring requirementsYesUnless otherwise specified, all of § 63.8 applies only to new or reconstructed flame lamination sources. Additional monitoring requirements for these sources are found in §§ 63.8794(f) and (g) and 63.8804.
§ 63.8(a)(3)[Reserved]Yes
§ 63.8(a)(4)Monitoring with flaresNoSubpart MMMMM does not refer directly or indirectly to § 63.11.
§ 63.8(b)Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systemsYes
§ 63.8(c)(1)-(3)Continuous monitoring system (CMS) operation and maintenanceNoCMS requirements are found in § 63.8794(f) and (g).
§ 63.8(c)(4)Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsYesApplies as modified by § 63.8794(g).
§ 63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresNoSubpart MMMMM does not have opacity or visible emission standards.
§ 63.8(c)(6)Zero and high-level calibration checksYesApplies as modified by § 63.8794(f).
§ 63.8(c)(7)-(8)Out-of-control periods, including reportingYes
§ 63.8(d)-(e)Quality control program and CMS performance evaluationNoCMS requirements are found in § 63.8794(f) and (g).
§ 63.8(f)(1)-(5)Use of an alternative monitoring methodYes
§ 63.8(f)(6)Alternative to relative accuracy testNoOnly applies to sources that use continuous emissions monitoring systems (CEMS).
§ 63.8(g)Data reductionYesApplies as modified by § 63.8794(g).
§ 63.9(a)Notification requirements—applicabilityYes
§ 63.9(b)Initial notificationsYesExcept § 63.8816(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by § 63.9(b)(1)(iii) in lieu of the initial notification.
§ 63.9(c)Request for compliance extensionYes
§ 63.9(d)Notification that a new source is subject to special compliance requirementsYes
§ 63.9(e)Notification of performance testYes
§ 63.9(f)Notification of visible emissions/opacity testNoSubpart MMMMM does not have opacity or visible emission standards.
§ 63.9(g)(1)Additional CMS notifications—date of CMS performance evaluationYes
§ 63.9(g)(2)Use of COMS dataNoSubpart MMMMM does not require the use of COMS.
§ 63.9(g)(3)Alternative to relative accuracy testingNoApplies only to sources with CEMS.
§ 63.9(h)Notification of compliance statusYes
§ 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 applicabilityYes
§ 63.10(b)(1)General recordkeeping requirementsYes§§ 63.8820 and 63.8822 specify additional recordkeeping requirements.
§ 63.10(b)(2)(i) and (ii)Records related to SSM periods and CMSNoSee § 63.8820 for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§ 63.10(b)(2)(iii)Records of maintenance on air pollution control equipment.Yes
§ 63.10(b)(2)(iv) and (v)Records related to SSMNo
§ 63.10(b)(2)(vi)-(xi)Records of CMS and other compliance recordsYes
§ 63.10(b)(2)(xii)Records when under waiverYes
§ 63.10(b)(2)(xiii)Records when using alternative to relative accuracy testNoApplies only to sources with CEMS.
§ 63.10(b)(2)(xiv)All documentation supporting initial notification and notification of compliance statusYes
§ 63.10(b)(3)Recordkeeping requirements for applicability determinationsYes
§ 63.10(c)Additional recordkeeping requirements for sources with CMSYesApplies as modified by § 63.8794(g).
§ 63.10(d)(1)General reporting requirementsYes§ 63.8818 specifies additional reporting requirements.
§ 63.10(d)(2)Performance test resultsYes
§ 63.10(d)(3)Opacity or visible emissions observationsNoSubpart MMMMM does not specify opacity or visible emission standards.
§ 63.10(d)(4)Progress reports for sources with compliance extensionsYes
§ 63.10(d)(5)SSM reportsNo
§ 63.10(e)(1)Additional CMS reports—generalYesApplies as modified by § 63.8794(g).
§ 63.10(e)(2)(i)Results of CMS performance evaluationsYesApplies as modified by § 63.8794(g).
§ 63.10(e)(2)Results of continuous opacity monitoring systems performance evaluationsNoSubpart MMMMM does require the use of COMS.
§ 63.10(e)(3)Excess emissions/CMS performance reportsYesOnly applies to new or reconstructed flame lamination affected sources.
§ 63.10(e)(4)Continuous opacity monitoring system data reportsNoSubpart MMMMM does not require the use of COMS.
§ 63.10(f)Recordkeeping/reporting waiverYes
§ 63.11Control device requirements—applicabilityNoFacilities subject to subpart MMMMM do not use flares as control devices.
§ 63.12State authority and delegationsYes§ 63.8828 lists those sections of subparts MMMMM and A that are not delegated.
§ 63.13AddressesYes
§ 63.14Incorporation by referenceYesSubpart MMMMM does not incorporate any material by reference.
§ 63.15Availability of information/confidentiality.Yes
[86 FR 64404, Nov. 18, 2021]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.