1. Regulations
  2. title 40
  3. chapter I-i15
  4. part 63
  5. subpart EEEEEE
  6. appendix

- Table 1 to Subpart EEEEEE of Part 63—Applicability of General Provisions to This Subpart

As required in § 63.11150(a), you must comply with the requirements of the NESHAP General Provisions (subpart A of this part) as shown in the following table.

Citation Subject Applies to this subpart? Explanation § 63.1(a)(1) through (4), (6), and (10) through (12), (b)(1) and (3), (c)(1), (2), and (5), (e)ApplicabilityYes. § 63.1(a)(5) and (7) through (9), (b)(2), (c)(3) and (4), (d)ReservedNo. § 63.2DefinitionsYes. § 63.3Units and AbbreviationsYes. § 63.4Prohibited Activities and CircumventionYes. § 63.5Preconstruction Review and Notification RequirementsNo. § 63.6(a), (b)(1) through (5) and (7), (c)(1), (2), and (5)Compliance with Standards and Maintenance Requirements—Applicability and Compliance DatesYes. § 63.6(e)(1)(i)Operation and Maintenance Requirements—general duty to minimize emissionsYes before November 12, 2024
No on or after November 12, 2024		See §§ 63.11147(c) and 63.11148(f) for the general duty to minimize emissions at all times at existing sources. See § 63.11149(c)(3) for the general duty to minimize emissions at all times at new sources. § 63.6(e)(1)(ii)Requirement to correct malfunctions as soon as practicable.Yes before November 12, 2024
No on or after November 12, 2024		Malfunctions are no longer exempt. § 63.6(e)(1)(iii)Yes. § 63.6(e)(3)Startup, Shutdown, and Manufacturing PlanYes before November 12, 2024
No on or after November 12, 2024		The requirements for emergency situations for existing sources are contained in §§ 63.11147(c)(5) and 63.11148(f)(5). See § 63.11149(d) for the emergency requirements for new sources. § 63.6(f)(1)Compliance with Nonopacity Emission StandardsYes before November 12, 2024
No on or after November 12, 2024		Emission standards apply at all times. Some requirements of § 63.6(f)(1) are no longer applicable. § 63.6(f)(2) through (3)Yes. § 63.6(g), (i), (j)Compliance with Nonopacity Emission StandardsYes. § 63.6(h)(1)Compliance with Opacity and Visible Emission StandardsYes before November 12, 2024
No on or after November 12, 2024		Requirements apply to new sources but not existing sources. Emission standards apply at all times. Some requirements of § 63.6(h)(1) are no longer applicable. § 63.6(b)(6), (c)(3) and (4), (d), (e)(2), (e)(3)(ii), (h)(2)(ii), (h)(3), (h)(5)(iv), (i)(15)ReservedNo. § 63.6(h)(2) through (4), (h)(5)(i) through (iii), (h)(6) through (9)Yes/No.Requirements apply to new sources but not existing sources. § 63.7(a), (e)(2) through (4), (f), (g), (h)Performance Testing RequirementsYes. § 63.7(e)(1)Performance Testing RequirementsNoSee § 63.11148(e) for performance testing requirements. § 63.7(b), (c)Yes/NoNotification of performance tests and quality assurance program apply to new sources but not existing sources. § 63.8(a)(1) and (2), (b), (c)(1)(ii), (c)(2) through (8), (f), (g)Monitoring RequirementsYes. § 63.8(c)(1)(i) and (iii)General Duty and SSM Plan Requirements for Continuous Monitoring SystemsYes before November 12, 2024.
No on or after November 12, 2024. 		§ 63.8(a)(3)ReservedNo. § 63.8(a)(4)NoThis subpart does not require flares. § 63.8(d)(1) and (2), (e)Quality ControlYes/NoRequirements for quality control program and performance evaluations apply to new sources but not existing sources. § 63.8(d)(3)Written Procedures for Continuous Monitoring SystemsYes before November 12, 2024
No on or after November 12, 2024		Requirements for quality control program and performance evaluations apply to new sources but not existing sources. See § 63.11149(b)(3). § 63.9(a), (b)(1), (2), and (5), (c), (d), (h)(1) through (3), (5), and (6), (i), (j)Notification RequirementsYes. § 63.9(b)(3), (h)(4)ReservedNo. § 63.9(b)(4), (f)No. § 63.9(e), (g)Yes/NoNotification requirements for performance test and use of continuous monitoring systems apply to new sources but not existing sources. § 63.9(k)Electronic submission of notifications or reportsYes. § 63.10(a), (b)(1), (d)(1), (2), and (4), (f)Recordkeeping and Reporting RequirementsYes/NoRecordkeeping requirements apply to new sources but not existing sources. § 63.10(b)(2)(iii) and (vi) through (xiv), (b)(3), (c)(1), (5) through (8), and (10) through (14), (e)(1) and (2)Yes/NoRecordkeeping requirements apply to new sources but not existing sources. § 63.10(b)(2)(i) through (ii) and (iv) through (v)General Recordkeeping Requirements and Actions to Minimize Emissions During Startup, Shutdown, and MalfunctionYes before November 12, 2024
No on or after November 12, 2024		Recordkeeping requirements apply to new sources but not existing sources. See § 63.11149(c)(4).
Startup, Shutdown, and Malfunction are no longer exempt from emission standards. See § 63.11148(g). 		§ 63.10(c)(2) and (4) and (9)ReservedNo. § 63.10(c)(15)Use of Startup, Shutdown, and Malfunction PlanFor new sources, Yes before November 12, 2024
No on or after November 12, 2024		Recordkeeping requirements apply to new sources but not existing sources.
Startup, Shutdown, and Malfunction Plans are no longer required. 		§ 63.10(d)(3), (e)(4)NoReporting requirements apply to new sources but not existing sources. § 63.10(d)(5)Startup, Shutdown, and Malfunction ReportingFor new sources, Yes before November 12, 2024
No on or after November 12, 2024		Reporting requirements apply to new sources but not existing sources. See §§ 63.11147(e), 63.11148(h), 63.11149(e)(2). § 63.10(e)(3)Yes/NoReporting requirements apply to new sources but not existing sources. § 63.11Control Device RequirementsNoThis subpart does not require flares. § 63.12State Authorities and DelegationsYes. § 63.13AddressesYes. § 63.14Incorporations by ReferenceYes. § 63.15Availability of Information and ConfidentialityYes. § 63.16Performance Track ProvisionsYes.
[89 FR 41722, May 13, 2024]

AUTHORITY: 42 U.S.C. 7401

SOURCE: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.