40 C.F.R. § 63.1662-63 app Table 1 to Subpart AAAA of Part 63

Current through May 31, 2024
Appendix Table 1 to Subpart AAAA of Part 63 - Applicability of NESHAP General Provisions to Subpart AAAA

As specified in this subpart, you must meet each requirement in the following table that applies to you. The owner or operator may begin complying with the provisions that apply no later than September 27, 2021, any time before that date.

Table 1 to Subpart AAAA of Part 63-Applicability of NESHAP General Provisions to Subpart AAAA

Part 63 citation Description Applicable to subpart AAAA
before
September
28, 2021
Applicable to subpart AAAA
no later than
September 27, 2021
Explanation
§ 63.1(a) Applicability: General applicability of NESHAP in this partYesYes
§ 63.1(b) Applicability determination for stationary sourcesYesYes
§ 63.1(c) Applicability after a standard has been setNo1Yes
§ 63.1(e) Applicability of permit program before relevant standard is setYesYes
§ 63.2 DefinitionsYesYes
§ 63.3 Units and abbreviationsNo1Yes
§ 63.4 Prohibited activities and circumventionYesYes
§ 63.5(a) Construction/reconstructionNo1Yes
§ 63.5(b) Requirements for existing, newly constructed, and reconstructed sourcesYesYes
§ 63.5(d) Application for approval of construction or reconstructionNo1Yes
§ 63.5(e) and (f) Approval of construction and reconstructionNo1Yes
§ 63.6(a) Compliance with standards and maintenance requirements-applicabilityNo1Yes
§ 63.6(b) and (c) Compliance dates for new, reconstructed, and existing sourcesNo1Yes
§ 63.6(e)(1)(i)-(ii) Operation and maintenance requirementsYesNoSee § 63.1955(c) for general duty requirements.
§ 63.6(e)(3)(i)-(ix) SSM planYesNo
§ 63.6(f)(1) Exemption of nonopacity emission standards during SSMNoNo
§ 63.6(f)(2) and (3) Compliance with nonopacity emission standardsYesYes
§ 63.6(g) Use of an alternative nonopacity standardNo1Yes
§ 63.6(h) Compliance with opacity and visible emission standardsNo1NoSubpart AAAA does not prescribe opacity or visible emission standards.
§ 63.6(i) Extension of compliance with emission standardsNo1Yes
§ 63.6(j) Exemption from compliance with emission standardsNo1Yes
§ 63.7 Performance testingNo1Yes
§ 63.7(e)(1) Conditions for performing performance testsNo1No40 CFR 63.1959(f) specifies the conditions for performing performance tests.
§ 63.8(a) and (b) Monitoring requirements-Applicability and conduct of monitoringNo1Yes
§ 63.8(c)(1) Operation and Maintenance of continuous emissions monitoring systemNo1Yes
§ 63.8(c)(1)(i) Operation and Maintenance RequirementsNo1NoUnnecessary due to the requirements of § 63.8(c)(1) and the requirements for a quality control plan for monitoring equipment in § 63.8(d)(2) .
§ 63.8(c)(1)(ii) Operation and Maintenance RequirementsNo1No
§ 63.8(c)(1)(iii) SSM plan for monitorsNo1No
§ 63.8(c)(2)-(8) Monitoring requirementsNo1Yes
§ 63.8(d)(1) Quality control for monitorsNo1Yes
§ 63.8(d)(2) Quality control for monitorsNo1Yes
§ 63.8(d)(3) Quality control recordsNo1NoSee § 63.1983(c)(8) .
§ 63.9(a), (c), and (d) NotificationsNo1Yes
§ 63.9(b) Initial notificationsNo1Yes2
§ 63.9(e) Notification of performance testNo1Yes2
§ 63.9(f) Notification of visible emissions/opacity testNo1NoSubpart AAAA does not prescribe opacity or visible emission standards.
§ 63.9(g) Notification when using CMSNo1Yes2
§ 63.9(h) Notification of compliance statusNo1Yes2
§ 63.9(i) Adjustment of submittal deadlinesNo1Yes
§ 63.9(j) Change in information already providedNo1Yes
§ 63.10(a) Recordkeeping and reporting-generalNo1Yes
§ 63.10(b)(1) General recordkeepingNo1Yes
§ 63.10(b)(2)(i) Startup and shutdown recordsYesNoSee § 63.1983(c)(6) for recordkeeping for periods of startup and shutdown.
§ 63.10(b)(2)(ii) Recordkeeping of failures to meet a standardYesNoSee § 63.1983(c)(6)-(7) for recordkeeping for any exceedance of a standard.
§ 63.10(b)(2)(iii) Recordkeeping of maintenance on air pollution control equipmentYesYes
§ 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSMYesNoSee § 63.1983(c)(7) for recordkeeping of corrective actions to restore compliance.
§ 63.10(b)(2)(vi) Recordkeeping for CMS malfunctionsNo1Yes
§ 63.10(b)(2)(vii)-(xiv) Other Recordkeeping of compliance measurementsNo1Yes
§ 63.10(c) Additional recordkeeping for sources with CMSNo1NoSee § 63.1983 for required CMS recordkeeping.
§ 63.10(d)(1) General reportingNo1Yes
§ 63.10(d)(2) Reporting of performance test resultsNo1Yes
§ 63.10(d)(3) Reporting of visible emission observationsNo1No
§ 63.10(d)(4) Progress reports for compliance date extensionsNo1Yes
§ 63.10(d)(5) SSM reportingYesNoAll exceedances must be reported in the semi-annual report required by § 63.1981(h) .
§ 63.10(e) Additional reporting for CMS systemsNo1Yes
§ 63.10(f) Recordkeeping/reporting waiverNo1Yes
§ 63.11 Control device requirements/flaresNo1Yes§ 60.18 is required before September 27, 2021. However, § 60.18 and 63.11 are equivalent.
§ 63.12(a) State authorityYesYes
§ 63.12(b)-(c) State delegationsNo1Yes
§ 63.13 AddressesNo1Yes
§ 63.14 Incorporation by referenceNo1Yes
§ 63.15 Availability of information and confidentialityYesYes

1 Before September 28, 2021, this subpart requires affected facilities to follow 40 CFR part 60, subpart WWW, which incorporates the General Provisions of 40 CFR part 60.

2 If an owner or operator has complied with requirements that are parallel to the requirements of the part 63 citation of this table under 40 CFR part 60, subpart WWW or subpart XXX, or a state or federal plan that implements 40 CFR part 60, subpart Cc or Cf, then additional notification for that requirement is not required.

40 C.F.R. 63.1662-63 app Table 1 to Subpart AAAA of Part 63

85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8204, Feb. 14, 2022
85 FR 17281, 3/26/2020; 85 FR 64401, 11/12/2020; 87 FR 8204, 2/14/2022