40 C.F.R. § 63.1662-63 app Table 5 to Subpart KKKK of Part 63

Current through September 30, 2024
Appendix Table 5 to Subpart KKKK of Part 63 - Applicability of General Provisions to Subpart KKKK

You must comply with the applicable General Provisions requirements according to the following table:

Citation Subject Applicable to subpart KKKK Explanation
§ 63.1(a)(1)-(4) General ApplicabilityYes
§ 63.1(a)(6) Source Category ListingYes
§ 63.1(a)(10)-(12) Timing and Overlap ClarificationsYes
§ 63.1(b)(1) Initial Applicability DeterminationYesApplicability to subpart KKKK is also specified in § 63.3481 .
§ 63.1(b)(3) Applicability Determination RecordkeepingYes
§ 63.1(c)(1) Applicability after Standard EstablishedYes
§ 63.1(c)(2) Applicability of Permit Program for Area SourcesNoArea sources are not subject to subpart KKKK.
§ 63.1(c)(5) Extensions and NotificationsYes
§ 63.1(c)(6) ReclassificationYes
§ 63.1(e) Applicability of Permit Program before Relevant Standard is SetYes
§ 63.2 DefinitionsYesAdditional definitions are specified in § 63.3561 .
§ 63.3 Units and AbbreviationsYes
§ 63.4(a)(1)-(2) Prohibited ActivitiesYes
§ 63.4(b)-(c) Circumvention/FragmentationYes
§ 63.5(a) Construction/ReconstructionYes
§ 63.5(b)(1), (3), (4), (6) Requirements for Existing, Newly Constructed, and Reconstructed SourcesYes
§ 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) Application for Approval of Construction/ReconstructionYes
§ 63.5(e) Approval of Construction/ReconstructionYes
§ 63.5(f) Approval of Construction/Reconstruction Based on Prior State ReviewYes
§ 63.6(a) Compliance with Standards and Maintenance Requirements-ApplicabilityYes
§ 63.6(b)(1)-(5), (b)(7) Compliance Dates for New and Reconstructed SourcesYesSection 63.3483 specifies the compliance dates.
§ 63.6(c)(1), (2), (5) Compliance Dates for Existing SourcesYesSection 63.3483 specifies the compliance dates.
§ 63.6(e)(1)(i)-(ii) Operation and MaintenanceYes before August 24, 2020, No on and after August 24, 2020See § 63.3500(b) for general duty requirement.
§ 63.6(e)(1)(iii) Operation and MaintenanceYes
§ 63.6(e)(3)(i), (e)(3)(iii)-(ix) SSMPYes before August 24, 2020, No on and after August 24, 2020
§ 63.6(f)(1) Compliance Except during Startup, Shutdown, and MalfunctionYes before August 24, 2020, No on and after August 24, 2020
§ 63.6(f)(2)-(3) Methods for Determining ComplianceYes
§ 63.6(g) Use of an Alternative StandardYes
§ 63.6(h) Compliance with Opacity/Visible Emission StandardsNoSubpart KKKK does not establish opacity standards and does not require continuous opacity monitoring systems (COMS).
§ 63.6(i)(1)-(14) Extension of ComplianceYes
§ 63.6(i)(16) Compliance Extensions and Administrator's AuthorityYes
§ 63.6(j) Presidential Compliance ExemptionYes
§ 63.7(a)(1) Performance Test Requirements-ApplicabilityYesApplies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3543 , 63.3544 , 63.3545 , 63.3554 , and 63.3555 .
§ 63.7(a)(2) except (a)(2)(i)-(viii)Performance Test Requirements-DatesYesApplies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Sections 63.3540 and 63.3550 specify the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2) .
§ 63.7(a)(3) Performance Tests Required by the AdministratorYes
§ 63.7(b)-(d) Performance Test Requirements-Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During TestYesApplies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards.
§ 63.7(e)(1) Conduct of Performance TestsYes before August 24, 2020, No on and after August 24, 2020See §§ 63.3543 and 63.3553 .
§ 63.7(e)(2)-(4) Conduct of Performance TestsYes
§ 63.7(f) Performance Test Requirements-Use of Alternative Test MethodYesApplies to all test methods except those used to determine capture system efficiency.
§ 63.7(g)-(h) Performance Test Requirements-Data Analysis, Recordkeeping, Reporting, Waiver of TestYesApplies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards.
§ 63.8(a)(1)-(2) Monitoring Requirements-ApplicabilityYesApplies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in §§ 63.3547 and 63.3557 .
§ 63.8(a)(4) Additional Monitoring RequirementsNoSubpart KKKK does not have monitoring requirements for flares.
§ 63.8(b) Conduct of MonitoringYes
§ 63.8(c)(1) Continuous Monitoring System (CMS) Operation and MaintenanceYes before August 24, 2020, No on and after August 24, 2020Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply.
§ 63.8(c)(2)-(3) CMS Operation and MaintenanceYesApplies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in §§ 63.3547 and 63.3557 .
§ 63.8(c)(4) CMSNoSections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply.
§ 63.8(c)(5) COMSNoSubpart KKKK does not have opacity or visible emission standards.
§ 63.8(c)(6) CMS RequirementsNoSections 63.3547 and 63.3557 specify the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply.
§ 63.8(c)(7) CMS Out-of-Control PeriodsYes
§ 63.8(c)(8) CMS Out-of-Control Periods ReportingNoSection 63.3511 requires reporting of CMS out of control periods.
§ 63.8(d)-(e) Quality Control Program and CMS Performance EvaluationNo
§ 63.8(f)(1)-(5) Use of an Alternative Monitoring MethodYes
§ 63.8(f)(6) Alternative to Relative Accuracy TestNoSection 63.8(f)(6) provisions are not applicable because subpart KKKK does not require CEMS.
§ 63.8(g) Data ReductionNoSections 63.3542 , 63.3547 , 63.3552 and 63.3557 specify monitoring data reduction.
§ 63.9(a) Notification ApplicabilityYes
§ 63.9(b)(1)-(2) Initial NotificationsYes
§ 63.9(b)(4)(i), (b)(4)(v), (b)(5) Application for Approval of Construction or ReconstructionYes
§ 63.9(c) Request for Extension of ComplianceYes
§ 63.9(d) Special Compliance Requirement NotificationYes
§ 63.9(e) Notification of Performance TestYesApplies only to capture system and add-on control device performance tests at sources using these to comply with the standards.
§ 63.9(f) Notification of Visible Emissions/Opacity TestNoSubpart KKKK does not have opacity or visible emission standards.
§ 63.9(g) Additional Notifications When Using CMSNo
§ 63.9(h)(1)-(3) Notification of Compliance StatusYesSection 63.3510 specifies the dates for submitting the notification of compliance status.
§ 63.9(h)(5)-(6) ClarificationsYes
§ 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-Applicability and General InformationYes
§ 63.10(b)(1) General Recordkeeping RequirementsYesAdditional requirements are specified in §§ 63.3512 and 63.3513 .
§ 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet StandardsYes before August 24, 2020, No on and after August 24, 2020See § 63.3512(i) .
§ 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring EquipmentYes
§ 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During Startup, Shutdown, and MalfunctionYes before August 24, 2020, No on and after August 24, 2020See § 63.3512(i)(4) for a record of actions taken to minimize emissions duration a deviation from the standard.
§ 63.10(b)(2)(vi) Recordkeeping for CMS MalfunctionsYes before August 24, 2020, No on and after August 24, 2020See § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control.
§ 63.10(b)(2) (vii)-(xii) RecordsYes
§ 63.10(b)(2) (xiii)No
§ 63.10(b)(2) (xiv) Yes
§ 63.10(b)(3) Recordkeeping Requirements for Applicability DeterminationsYes
§ 63.10(c)(1) Additional Recordkeeping Requirements for Sources with CMSYes
§ 63.10(c)(5)-(6) Yes
§ 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMSNoSee § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control.
§ 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMSYes
§ 63.10(c)(15) Records Regarding the Startup, Shutdown, and Malfunction PlanYes before August 24, 2020, No on and after August 24, 2020
§ 63.10(d)(1) General Reporting RequirementsYesAdditional requirements are specified in § 63.3511 .
§ 63.10(d)(2) Report of Performance Test ResultsYesAdditional requirements are specified in § 63.3511(b) .
§ 63.10(d)(3) Reporting Opacity or Visible Emissions ObservationsNoSubpart KKKK does not require opacity or visible emissions observations.
§ 63.10(d)(4) Progress Reports for Sources with Compliance ExtensionsYes
§ 63.10(d)(5) Startup, Shutdown, Malfunction ReportsYes before August 24, 2020, No on and after August 24, 2020See § 63.3511(a)(7) and (8) .
§ 63.10(e)(1)-(2) Additional CMS ReportsNo
§ 63.10(e)(3) Excess Emissions/CMS Performance ReportsNoSection 63.3511(b) specifies the contents of periodic compliance reports.
§ 63.10(e)(4) COMS Data ReportsNoSubpart KKKK does not specify requirements for opacity or COMS.
§ 63.10(f) Recordkeeping/Reporting WaiverYes
§ 63.11 Control Device Requirements/FlaresNoSubpart KKKK does not specify use of flares for compliance.
§ 63.12 State Authority and DelegationsYes
§ 63.13(a) AddressesYes before August 24, 2020, No on and after August 24, 2020
§ 63.13(b) Submittal to State AgenciesYes
§ 63.13(c) Submittal to State AgenciesYes before August 24, 2020, No unless the state requires the submittal via CEDRI, on and after August 24, 2020
§ 63.14 Incorporation by ReferenceYes
§ 63.15 Availability of Information/ConfidentialityYes

40 C.F.R. 63.1662-63 app Table 5 to Subpart KKKK of Part 63

85 FR 10856, Feb. 25, 2020, as amended at 85 FR 73905, Nov. 19, 2020
85 FR 10856, 2/25/2020; 85 FR 73905, 1/19/2021