- Table 2 to Subpart HHHH of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH
As stated in § 63.3001, you must comply with the applicable General Provisions requirements according to the following table:
| Citation | Requirement | Applies to subpart HHHH | Explanation | § 63.1(a)(1)-(4) | General Applicability | Yes. | § 63.1(a)(5) | No | [Reserved]. | § 63.1(a)(6)-(8) | Yes. | § 63.1(a)(9) | No | [Reserved]. | § 63.1(a)(10)-(14) | Yes. | § 63.1(b) | Initial Applicability Determination | Yes. | § 63.1(c)(1) | Applicability After Standard Established | Yes. | § 63.1(c)(2) | Yes | Some plants may be area sources. | § 63.1(c)(3) | No | [Reserved]. | § 63.1(c)(4)-(5) | Yes. | § 63.1(c)(6) | Reclassification | Yes. | § 63.1(d) | No | [Reserved]. | § 63.1(e) | Applicability of Permit Program | Yes. | § 63.2 | Definitions | Yes | Additional definitions in § 63.3004. | § 63.3 | Units and Abbreviations | Yes. | § 63.4(a)(1)-(3) | Prohibited Activities | Yes. | § 63.4(a)(4) | No | [Reserved]. | § 63.4(a)(5) | Yes. | § 63.4(b)-(c) | Circumvention/Severability | Yes. | § 63.5(a) | Construction/Reconstruction | Yes. | § 63.5(b)(1) | Existing/Constructed/Reconstruction | Yes. | § 63.5(b)(2) | No | [Reserved]. | § 63.5(b)(3)-(6) | Yes. | § 63.5(c) | No | [Reserved]. | § 63.5(d) | Application for Approval of Construction/Reconstruction | Yes. | § 63.5(e) | Approval of Construction/Reconstruction | Yes. | § 63.5(f) | Approval of Construction/Reconstruction Based on State Review | Yes. | § 63.6(a) | Compliance with Standards and Maintenance—Applicability | Yes. | § 63.6(b)(1)-(5) | New and Reconstructed Sources-Dates | Yes. | § 63.6(b)(6) | No | [Reserved]. | § 63.6(b)(7) | Yes. | § 63.6(c)(1)-(2) | Existing Sources Dates | Yes | § 63.2985 specifies dates. | § 63.6(c)(3)-(4) | No | [Reserved]. | § 63.6(c)(5) | Yes. | § 63.6(d) | No | [Reserved]. | § 63.6(e)(1)(i) | General Duty to Minimize Emissions | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See § 63.2986(g) for general duty requirement. | § 63.6(e)(1)(ii) | Requirement to Correct Malfunctions As Soon As Possible | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.6(e)(1)(iii) | Operation and Maintenance Requirements | Yes | §§ 63.2984 and 63.2987 specify additional requirements. | § 63.6(e)(2) | No | [Reserved]. | § 63.6(e)(3) | SSM Plan Requirements | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.6(f)(1) | SSM Exemption | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.6(f)(2) and (3) | Compliance with Non-Opacity Emission Standards | Yes. | § 63.6(g) | Alternative Non-Opacity Emission Standard | Yes | EPA retains approval authority. | § 63.6(h) | Compliance with Opacity/Visible Emissions Standards | No | Subpart HHHH does not specify opacity or visible emission standards. | § 63.6(i)(1)-(14) | Extension of Compliance | Yes. | § 63.6(i)(15) | No | [Reserved]. | § 63.6(i)(16) | Yes. | § 63.6(j) | Exemption from Compliance | Yes. | § 63.7(a) | Performance Test Requirements—Applicability and Dates | Yes. | § 63.7(b) | Notification of Performance Test | Yes. | § 63.7(c) | Quality Assurance Program/Test Plan | Yes. | § 63.7(d) | Testing Facilities | Yes. | § 63.7(e)(1) | Performance Testing | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See § 63.2992(c). | § 63.7(e)(2)-(4) | Conduct of Tests | Yes | §§ 63.2991-63.2994 specify additional requirements. | § 63.7(f) | Alternative Test Method | Yes | EPA retains approval authority | § 63.7(g) | Data Analysis | Yes. | § 63.7(h) | Waiver of Tests | Yes. | § 63.8(a)(1)-(2) | Monitoring Requirements—Applicability | Yes. | § 63.8(a)(3) | No | [Reserved]. | § 63.8(a)(4) | Yes. | § 63.8(b) | Conduct of Monitoring | Yes. | § 63.8(c)(1)(i) | General Duty to Minimize Emissions and CMS Operation | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.8(c)(1)(ii) | Continuous Monitoring System (CMS) Operation and Maintenance | Yes. | § 63.8(c)(1)(iii) | Requirement to Develop SSM Plan for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.8(c)(2)-(4) | Yes. | § 63.8(c)(5) | Continuous Opacity Monitoring System (COMS) Procedures | No | Subpart HHHH does not specify opacity or visible emission standards. | § 63.8(c)(6)-(8) | Yes. | § 63.8(d)(1) and (2) | Quality Control | Yes. | § 63.8(d)(3) | Written Procedures for CMS | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See § 63.2994(a). | § 63.8(e) | CMS Performance Evaluation | Yes. | § 63.8(f)(1)-(5) | Alternative Monitoring Method | Yes | EPA retains approval authority. | § 63.8(f)(6) | Alternative to Relative Accuracy Test | No | Subpart HHHH does not require the use of continuous emissions monitoring systems (CEMS). | § 63.8(g)(1) | Data Reduction | Yes. | § 63.8(g)(2) | Data Reduction | No | Subpart HHHH does not require the use of CEMS or COMS. | § 63.8(g)(3)-(5) | Data Reduction | Yes. | § 63.9(a) | Notification Requirements—Applicability | Yes. | § 63.9(b) | Initial Notifications | Yes. | § 63.9(c) | Request for Compliance Extension | Yes. | § 63.9(d) | New Source Notification for Special Compliance Requirements | Yes. | § 63.9(e) | Notification of Performance Test | Yes. | § 63.9(f) | Notification of Visible Emissions/Opacity Test | No | Subpart HHHH does not specify opacity or visible emission standards. | § 63.9(g)(1) | Additional CMS Notifications | Yes. | § 63.9(g)(2)-(3) | No | Subpart HHHH does not require the use of COMS or CEMS. | § 63.9(h)(1)-(3) | Notification of Compliance Status | Yes | § 63.3000(b) specifies additional requirements. | § 63.9(h)(4) | No | [Reserved]. | § 63.9(h)(5)-(6) | Yes. | § 63.9(i) | Adjustment of Deadlines | Yes. | § 63.9(j) | Change in Previous Information | Yes. | § 63.9(k) | Electronic reporting procedures | Yes | Only as specified in § 63.9(j). | § 63.10(a) | Recordkeeping/Reporting—Applicability | Yes. | § 63.10(b)(1) | General Recordkeeping Requirements | Yes | § 63.2998 includes additional requirements. | § 63.10(b)(2)(i) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.10(b)(2)(ii) | Recordkeeping of Failures to Meet a Standard | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See § 63.2998(g) for recordkeeping requirements for an affected source that fails to meet an applicable standard. | § 63.10(b)(2)(iii) | Maintenance Records | Yes. | § 63.10(b)(2)(iv) and (v) | Actions Taken to Minimize Emissions During SSM | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes. | § 63.10(b)(2)(vii)-(xiv) | Other CMS Requirements | Yes. | § 63.10(b)(3) | Recordkeeping requirement for applicability determinations | Yes. | § 63.10(c)(1) | Additional CMS Recordkeeping | Yes. | § 63.10(c)(2)-(4) | No | [Reserved]. | § 63.10(c)(5)-(8) | Yes. | § 63.10(c)(9) | No | [Reserved]. | § 63.10(c)(10)-(14) | Yes. | § 63.10(c)(15) | Use of SSM Plan | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | § 63.10(d)(1) | General Reporting Requirements | Yes | § 63.3000 includes additional requirements. | § 63.10(d)(2) | Performance Test Results | Yes | § 63.3000 includes additional requirements. | § 63.10(d)(3) | Opacity or Visible Emissions Observations | No | Subpart HHHH does not specify opacity or visible emission standards. | § 63.10(d)(4) | Progress Reports Under Extension of Compliance | Yes. | § 63.10(d)(5) | SSM Reports | No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter | See § 63.3000(c) for malfunction reporting requirements. | § 63.10(e)(1) | Additional CMS Reports—General | No | Subpart HHHH does not require CEMS. | § 63.10(e)(2) | Reporting results of CMS performance evaluations. | Yes. | § 63.10(e)(3) | Excess Emission/CMS Performance Reports. | Yes. | § 63.10(e)(4) | COMS Data Reports | No | Subpart HHHH does not specify opacity or visible emission standards. | § 63.10(f) | Recordkeeping/Reporting Waiver | Yes | EPA retains approval authority. | § 63.11 | Control Device Requirements—Applicability. | No | Facilities subject to subpart HHHH do not use flares as control devices. | § 63.12 | State Authority and Delegations | Yes. | § 63.13 | Addresses | Yes. | § 63.14 | Incorporation by Reference | Yes | See § 63.14(b)(2) and (3) for applicability requirements. | § 63.15 | Availability of Information/Confidentiality | Yes. |
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