Table 17 to Subpart XXXX of Part 63—Applicability of General Provisions to This Subpart XXXX

- Table 17 to Subpart XXXX of Part 63—Applicability of General Provisions to This Subpart XXXX

Before January 21, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:

Citation	Subject	Brief description of applicable sections	Applicable to Subpart XXXX?		Using a control device	Not using a control device	§ 63.1	Applicability	Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications	Yes	Yes.	§ 63.2	Definitions	Definitions for part 63 standards	Yes	Yes.	§ 63.3	Units and Abbreviations	Units and abbreviations for part 63 standards	Yes	Yes.	§ 63.4	Prohibited Activities	Prohibited activities; compliance date; circumvention; severability	Yes	Yes.	§ 63.5	Construction/Reconstruction	Applicability; applications; approvals	Yes	Yes.	§ 63.6(a)	Applicability	GP apply unless compliance extension; GP apply to area sources that become major	Yes	Yes.	§ 63.6(b)(1)-(4)	Compliance Dates for New and Reconstructed Sources	Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f)	Yes	Yes.	§ 63.6(b)(5)	Notification	Must notify if commenced construction or reconstruction after proposal	Yes	Yes.	§ 63.6(b)(6)	[Reserved]				§ 63.6(b)(7)	Compliance Dates for New and Reconstructed Area Sources that Become Major		No	No.	§ 63.6(c)(1)-(2)	Compliance Dates for Existing Sources	Comply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension	Yes	Yes.	§ 63.6(c)(3)-(4)	[Reserved]				§ 63.6(c)(5)	Compliance Dates for Existing Area Sources that Become Major	Area 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	Yes.	§ 63.6(d)	[Reserved]				§ 63.6(e)(1)-(2)	Operation & Maintenance	Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met	Yes	Yes.	§ 63.6(e)(3)	Startup, Shutdown, and Malfunction Plan		Yes	No.	§ 63.6(f)(1)	Compliance Except During Startup, Shutdown, and Malfunction		No. See § 63.5990(a)	No.	§ 63.6(f)(2)-(3)	Methods for Determining Compliance	Compliance based on performance test; operation and maintenance plans; records; inspection	Yes	Yes.	§ 63.6(g)(1)-(3)	Alternative Standard	Procedures for getting an alternative standard	Yes	Yes.	§ 63.6(h)	Opacity/Visible Emission (VE) Standards		No	No.	§ 63.6(i)	Compliance Extension	Procedures and criteria for Administrator to grant compliance extension	Yes	Yes.	§ 63.6(j)	Presidential Compliance Exemption	President may exempt source category from requirement to comply with rule	Yes	Yes.	§ 63.7(a)(1)-(2)	Performance Test Dates		No	No.	§ 63.7(a)(3)	CAA section 114 Authority	Administrator may require a performance test under CAA section 114 at any time	Yes	No.	§ 63.7(b)(1)	Notification of Performance Test	Must notify Administrator 60 days before the test	Yes	No.	§ 63.7(b)(2)	Notification of Rescheduling	If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date	Yes	No.	§ 63.7(c)	Quality Assurance/Test Plan	Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with: test plan approval procedures; performance audit requirements; and internal and external quality assurance procedures for testing	Yes	No.	§ 63.7(d)	Testing Facilities	Requirements for testing facilities	Yes	No.	§ 63.7(e)(1)	Conditions for Conducting Performance Tests	Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction; not a violation to exceed standard during startup, shutdown, and malfunction	Yes	No.	§ 63.7(e)(2)	Conditions for Conducting Performance Tests	Must conduct according to rule and the EPA test methods unless Administrator approves alternative	Yes	No.	§ 63.7(e)(3)	Test Run Duration	Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; and conditions when data from an additional test run can be used	Yes	No.	§ 63.7(f)	Alternative Test Method	Procedures by which Administrator can grant approval to use an alternative test method	Yes	No.	§ 63.7(g)	Performance Test Data Analysis	Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status report; and keep data for 5 years	Yes	No.	§ 63.7(h)	Waiver of Tests	Procedures for Administrator to waive performance test	Yes	No.	§ 63.8(a)(1)	Applicability of Monitoring Requirements	Subject to all monitoring requirements in standard	Yes	Yes.	§ 63.8(a)(2)	Performance Specifications	Performance Specifications in appendix B of 40 CFR part 60 apply	Yes	No.	§ 63.8(a)(3)	[Reserved]				§ 63.8(a)(4)	Monitoring with Flares		No	No.	§ 63.8(b)(1)	Monitoring	Must conduct monitoring according to standard unless Administrator approves alternative	Yes	Yes.	§ 63.8(b)(2)-(3)	Multiple Effluents and Multiple Monitoring Systems	Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup	Yes	Yes.	§ 63.8(c)(1)	Monitoring System Operation and Maintenance	Maintain monitoring system in a manner consistent with good air pollution control practices	Applies as modified by § 63.5990(e) and (f)	No.	§ 63.8(c)(1)(i)	Routine and Predictable Startup, Shutdown, and Malfunction		No	No.	§ 63.8(c)(1)(ii)	Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan		No	No.	§ 63.8(c)(1)(iii)	Compliance with Operation and Maintenance Requirements	How Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system	Yes	Yes.	§ 63.8(c)(2)-(3)	Monitoring System Installation	Must install to get representative emission and parameter measurements; must verify operational status before or at performance test	Yes	No.	§ 63.8(c)(4)	CMS Requirements		Applies as modified by § 63.5990(f)	No.	§ 63.8(c)(5)	Continuous Opacity Monitoring Systems Minimum Procedures		No	No.	§ 63.8(c)(6)	CMS Requirements		Applies as modified by § 63.5990(e)	No.	§ 63.8(c)(7)-(8)	CMS Requirements	Out-of-control periods, including reporting	Yes	No.	§ 63.8(d)	CMS Quality Control		Applies as modified by § 63.5990(e) and (f)	No.	§ 63.8(e)	CMS Performance Evaluation		No	No.	§ 63.8(f)(1)-(5)	Alternative Monitoring Method	Procedures for Administrator to approve alternative monitoring	Yes	Yes.	§ 63.8(f)(6)	Alternative to Relative Accuracy Test		No	No.	§ 63.8(g)	Data Reduction		Applies as modified by § 63.5990(f)	No.	§ 63.9(a)	Notification Requirements	Applicability and state delegation	Yes	Yes.	§ 63.9(b)(1)-(5)	Initial Notifications	Submit notification 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construct/reconstruct, notification of startup; and contents of each	Yes	Yes.	§ 63.9(c)	Request for Compliance Extension	Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate	Yes	Yes.	§ 63.9(d)	Notification of Special Compliance Requirements for New Source	For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date	Yes	Yes.	§ 63.9(e)	Notification of Performance Test	Notify Administrator 60 days prior	Yes	No.	§ 63.9(f)	Notification of VE/Opacity Test	No	No		§ 63.9(g)	Additional Notifications When Using CMS	No	No		§ 63.9(h)	Notification of Compliance Status	Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority	Yes	Yes.	§ 63.9(i)	Adjustment of Submittal Deadlines	Procedures for Administrator to approve change in when notifications must be submitted	Yes	Yes.	§ 63.9(j)	Change in Previous Information	Must submit within 15 days after the change	Yes	Yes.	§ 63.10(a)	Recordkeeping/Reporting	Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than 1 source	Yes	Yes.	§ 63.10(b)(1)	Recordkeeping/Reporting	General Requirements; keep all records readily available; and keep for 5 years.	Yes	Yes.	§ 63.10(b)(2)(i)-(iv)	Records related to Startup, Shutdown, and Malfunction	Yes	No		§ 63.10(b)(2)(vi) and (x)-(xi)	CMS Records	Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance	Yes	No.	§ 63.10(b)(2)(vii)-(ix)	Records	Measurements to demonstrate compliance with emission limitations; -performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations	Yes	Yes.	§ 63.10(b)(2)(xii)	Records	Records when under waiver	Yes	Yes.	§ 63.10(b)(2)(xiii)	Records		No	No.	§ 63.10(b)(2)(xiv)	Records	All documentation supporting Initial Notification and Notification of Compliance Status	Yes	Yes.	§ 63.10(b)(3)	Records	Applicability determinations	Yes	Yes.	§ 63.10(c)	Records		No	No.	§ 63.10(d)(1)	General Reporting Requirements	Requirement to report	Yes	Yes.	§ 63.10(d)(2)	Report of Performance Test Results	When to submit to Federal or State authority	Yes	No.	§ 63.10(d)(3)	Reporting Opacity or VE Observations		No	No.	§ 63.10(d)(4)	Progress Reports	Must submit progress reports on schedule if under compliance extension	Yes	Yes.	§ 63.10(d)(5)	Startup, Shutdown, and Malfunction Reports		Yes	No.	§ 63.10(e)	Additional CMS Reports		No	No.	§ 63.10(f)	Waiver for Recordkeeping/Reporting	Procedures for Administrator to waive	Yes	Yes.	§ 63.11	Flares		No	No.	§ 63.12	Delegation	State authority to enforce standards	Yes	Yes.	§ 63.13	Addresses	Addresses where reports, notifications, and requests are sent	Yes	Yes.	§ 63.14	Incorporation by Reference	Test methods incorporated by reference	Yes	Yes.	§ 63.15	Availability of Information	Public and confidential information	Yes	Yes.

After January 20, 2021, as stated in § 63.6013, you must comply with the applicable General Provisions (GP) requirements according to the following table:

Citation	Subject	Brief description of applicable sections	Applicable to Subpart XXXX?		Using a control device	Not using a control device	§ 63.1	Applicability	Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications	Yes	Yes.	§ 63.2	Definitions	Definitions for part 63 standards	Yes	Yes.	§ 63.3	Units and Abbreviations	Units and abbreviations for part 63 standards	Yes	Yes.	§ 63.4	Prohibited Activities	Prohibited activities; compliance date; circumvention; severability	Yes	Yes.	§ 63.5	Construction/Reconstruction	Applicability; applications; approvals	Yes	Yes.	§ 63.6(a)	Applicability	GP apply unless compliance extension; GP apply to area sources that become major	Yes	Yes.	§ 63.6(b)(1)-(4)	Compliance Dates for New and Reconstructed Sources	Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f)	Yes	Yes.	§ 63.6(b)(5)	Notification	Must notify if commenced construction or reconstruction after proposal	Yes	Yes.	§ 63.6(b)(6)	[Reserved]				§ 63.6(b)(7)	Compliance Dates for New and Reconstructed Area Sources that Become Major		No	No.	§ 63.6(c)(1)-(2)	Compliance Dates for Existing Sources	Comply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension	Yes	Yes.	§ 63.6(c)(3)-(4)	[Reserved]				§ 63.6(c)(5)	Compliance Dates for Existing Area Sources that Become Major	Area 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	Yes.	§ 63.6(d)	[Reserved]				§ 63.6(e)(1)(i)-(ii)	Operations and Maintenance		No	No.	§ 63.6(e)(1)(iii)-(2)	Operation and Maintenance	Operate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met	Yes	Yes.	§ 63.6(e)(3)	Startup, Shutdown, and Malfunction Plan		No	No.	§ 63.6(f)(1)	Startup, Shutdown, and Malfunction Exemption		No. See § 63.5990(a)	No.	§ 63.6(f)(2)-(3)	Methods for Determining Compliance	Compliance based on performance test; operation and maintenance plans; records; inspection	Yes	Yes.	§ 63.6(g)(1)-(3)	Alternative Standard	Procedures for getting an alternative standard	Yes	Yes.	§ 63.6(h)	Opacity/Visible Emissions (VE) Standards		No	No.	§ 63.6(i)	Compliance Extension	Procedures and criteria for Administrator to grant compliance extension	Yes	Yes.	§ 63.6(j)	Presidential Compliance Exemption	President may exempt source category from requirement to comply with rule	Yes	Yes.	§ 63.7(a)(1)-(2)	Performance Test Dates		No	No.	§ 63.7(a)(3)	CAA section 114 Authority	Administrator may require a performance test under CAA section 114 at any time	Yes	No.	§ 63.7(b)(1)	Notification of Performance Test	Must notify Administrator 60 days before the test	Yes	No.	§ 63.7(b)(2)	Notification of Rescheduling	If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled date	Yes	No.	§ 63.7(c)	Quality Assurance/Test Plan	Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with: test plan approval procedures; performance audit requirements; and internal and external quality assurance procedures for testing	Yes	No.	§ 63.7(d)	Testing Facilities	Requirements for testing facilities	Yes	No.	§ 63.7(e)(1)	Conditions for Conducting Performance Tests	Performance tests must be conducted under representative conditions; cannot conduct performance tests during startup, shutdown, and malfunction	No	No.	§ 63.7(e)(2)	Conditions for Conducting Performance Tests	Must conduct according to rule and the EPA test methods unless Administrator approves alternative	Yes	No.	§ 63.7(e)(3)	Test Run Duration	Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; and conditions when data from an additional test run can be used	Yes	No.	§ 63.7(f)	Alternative Test Method	Procedures by which Administrator can grant approval to use an alternative test method	Yes	No.	§ 63.7(g)	Performance Test Data Analysis	Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status report; and keep data for 5 years	Yes	No.	§ 63.7(h)	Waiver of Tests	Procedures for Administrator to waive performance test	Yes	No.	§ 63.8(a)(1)	Applicability of Monitoring Requirements	Subject to all monitoring requirements in standard	Yes	Yes.	§ 63.8(a)(2)	Performance Specifications	Performance Specifications in appendix B of 40 CFR part 60 apply	Yes	No.	§ 63.8(a)(3)	[Reserved]				§ 63.8(a)(4)	Monitoring with Flares		No	No.	§ 63.8(b)(1)	Monitoring	Must conduct monitoring according to standard unless Administrator approves alternative	Yes	Yes.	§ 63.8(b)(2)-(3)	Multiple Effluents and Multiple Monitoring Systems	Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup	Yes	Yes.	§ 63.8(c)(1)	Monitoring System Operation and Maintenance	Maintain monitoring system in a manner consistent with good air pollution control practices	Applies as modified by § 63.5990(e) and (f)	No.	§ 63.8(c)(1)(i)	Routine and Predictable Startup, Shutdown, and Malfunction		No	No.	§ 63.8(c)(1)(ii)	Startup, Shutdown, and Malfunction not in Startup, Shutdown, and Malfunction Plan		No	No.	§ 63.8(c)(1)(iii)	Compliance with Operation and Maintenance Requirements	How the Administrator determines if source complying with operation and maintenance requirements; review of source operation and maintenance procedures, records, manufacturer's instructions, recommendations, and inspection of monitoring system	No	No.	§ 63.8(c)(2)-(3)	Monitoring System Installation	Must install to get representative emission and parameter measurements; must verify operational status before or at performance test	Yes	No.	§ 63.8(c)(4)	CMS Requirements		Applies as modified by § 63.5990(f)	No.	§ 63.8(c)(5)	Continuous Opacity Monitoring Systems Minimum Procedures		No	No.	§ 63.8(c)(6)	CMS Requirements		Applies as modified by § 63.5990(e)	No.	§ 63.8(c)(7)-(8)	CMS Requirements	Out-of-control periods, including reporting	Yes	No.	§ 63.8(d)	CMS Quality Control		Applies as modified by § 63.5990(e) and (f)	No.	§ 63.8(d)(3)	Written Procedures for CMS		No	No.	§ 63.8(e)	CMS Performance Evaluation		No	No.	§ 63.8(f)(1)-(5)	Alternative Monitoring Method	Procedures for Administrator to approve alternative monitoring	Yes	Yes.	§ 63.8(f)(6)	Alternative to Relative Accuracy Test		No	No.	§ 63.8(g)	Data Reduction		Applies as modified by § 63.5990(f)	No.	§ 63.9(a)	Notification Requirements	Applicability and state delegation	Yes	Yes.	§ 63.9(b)(1)-(5)	Initial Notifications	Submit notification 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construct/reconstruct, notification of startup; and contents of each	Yes	Yes.	§ 63.9(c)	Request for Compliance Extension	Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate	Yes	Yes.	§ 63.9(d)	Notification of Special Compliance Requirements for New Source	For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date	Yes	Yes.	§ 63.9(e)	Notification of Performance Test	Notify Administrator 60 days prior	Yes	No.	§ 63.9(f)	Notification of VE/Opacity Test		No	No.	§ 63.9(g)	Additional Notifications When Using CMS		No	No.	§ 63.9(h)	Notification of Compliance Status	Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority	Yes	Yes.	§ 63.9(i)	Adjustment of Submittal Deadlines	Procedures for Administrator to approve change in when notifications must be submitted	Yes	Yes.	§ 63.9(j)	Change in Previous Information	Must submit within 15 days after the change	Yes	Yes.	§ 63.10(a)	Recordkeeping/Reporting	Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than 1 source	Yes	Yes.	§ 63.10(b)(1)	Recordkeeping/Reporting	General Requirements; keep all records readily available; and keep for 5 years	Yes	Yes.	§ 63.10(b)(2)(i) and (iv-v)	Records related to Startup, Shutdown, and Malfunction		No	No.	§ 63.10(b)(2)(ii)	Recordkeeping of failures to meet a standard		No. See 63.6010 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), (vi), and (x)-(xi)	CMS Records	Malfunctions, inoperative, out-of-control; calibration checks; adjustments, maintenance	Yes	No.	§ 63.10(b)(2)(vii)-(ix)	Records	Measurements to demonstrate compliance with emission limitations; performance test, performance evaluation, and VE observation results; and measurements to determine conditions of performance tests and performance evaluations	Yes	Yes.	§ 63.10(b)(2)(xii)	Records	Records when under waiver	Yes	Yes.	§ 63.10(b)(2)(xiii)	Records		No	No.	§ 63.10(b)(2)(xiv)	Records	All documentation supporting Initial Notification and Notification of Compliance Status	Yes	Yes.	§ 63.10(b)(3)	Records	Applicability determinations	Yes	Yes.	§ 63.10(c)	Records		No	No.	§ 63.10(d)(1)	General Reporting Requirements	Requirement to report	Yes	Yes.	§ 63.10(d)(2)	Report of Performance Test Results	When to submit to Federal or State authority	Yes	No.	§ 63.10(d)(3)	Reporting Opacity or VE Observations		No	No.	§ 63.10(d)(4)	Progress Reports	Must submit progress reports on schedule if under compliance extension	Yes	Yes.	§ 63.10(d)(5)	Startup, Shutdown, and Malfunction Reports		No	No.	§ 63.10(e)	Additional CMS Reports		No	No.	§ 63.10(f)	Waiver for Recordkeeping/Reporting	Procedures for Administrator to waive	Yes	Yes.	§ 63.11	Flares		No	No.	§ 63.12	Delegation	State authority to enforce standards	Yes	Yes.	§ 63.13	Addresses	Addresses where reports, notifications, and requests are sent	Yes	Yes.	§ 63.14	Incorporation by Reference	Test methods incorporated by reference	Yes	Yes.	§ 63.15	Availability of Information	Public and confidential information	Yes	Yes.

[85 FR 44765, July 24, 2020] Editorial Note:At 85 FR 73911, Nov. 19, 2020, table 17 to subpart XXXX of part 63 was amended by adding an entry for § 63.9(k); however, the amendment could not be incorporated because there are two tables within table 17, and the regulatory instruction did not indicate which table should receive the new entry.