- 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 setNo 1Yes § 63.1(e)Applicability of permit program before relevant standard is setYesYes § 63.2DefinitionsYesYes § 63.3Units and abbreviationsNo 1Yes § 63.4Prohibited activities and circumventionYesYes § 63.5(a)Construction/reconstructionNo 1Yes § 63.5(b)Requirements for existing, newly constructed, and reconstructed sourcesYesYes § 63.5(d)Application for approval of construction or reconstructionNo 1Yes § 63.5(e) and (f)Approval of construction and reconstructionNo 1Yes § 63.6(a)Compliance with standards and maintenance requirements—applicabilityNo 1Yes § 63.6(b) and (c)Compliance dates for new, reconstructed, and existing sourcesNo 1Yes § 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 standardNo 1Yes § 63.6(h)Compliance with opacity and visible emission standardsNo 1NoSubpart AAAA does not prescribe opacity or visible emission standards. § 63.6(i)Extension of compliance with emission standardsNo 1Yes § 63.6(j)Exemption from compliance with emission standardsNo 1Yes § 63.7Performance testingNo 1Yes § 63.7(e)(1)Conditions for performing performance testsNo 1No40 CFR 63.1959(f) specifies the conditions for performing performance tests. § 63.8(a) and (b)Monitoring requirements—Applicability and conduct of monitoringNo 1Yes § 63.8(c)(1)Operation and Maintenance of continuous emissions monitoring systemNo 1Yes § 63.8(c)(1)(i)Operation and Maintenance RequirementsNo 1NoUnnecessary 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 RequirementsNo 1No § 63.8(c)(1)(iii)SSM plan for monitorsNo 1No § 63.8(c)(2)-(8)Monitoring requirementsNo 1Yes § 63.8(d)(1)Quality control for monitorsNo 1Yes § 63.8(d)(2)Quality control for monitorsNo 1Yes § 63.8(d)(3)Quality control recordsNo 1NoSee § 63.1983(c)(8). § 63.9(a), (c), and (d)NotificationsNo 1Yes § 63.9(b)Initial notificationsNo 1Yes 2§ 63.9(e)Notification of performance testNo 1Yes 2§ 63.9(f)Notification of visible emissions/opacity testNo 1NoSubpart AAAA does not prescribe opacity or visible emission standards. § 63.9(g)Notification when using CMSNo 1Yes 2§ 63.9(h)Notification of compliance statusNo 1Yes 2§ 63.9(i)Adjustment of submittal deadlinesNo 1Yes § 63.9(j)Change in information already providedNo 1Yes § 63.10(a)Recordkeeping and reporting—generalNo 1Yes § 63.10(b)(1)General recordkeepingNo 1Yes § 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 malfunctionsNo 1Yes § 63.10(b)(2)(vii)-(xiv)Other Recordkeeping of compliance measurementsNo 1Yes § 63.10(c)Additional recordkeeping for sources with CMSNo 1NoSee § 63.1983 for required CMS recordkeeping. § 63.10(d)(1)General reportingNo 1Yes § 63.10(d)(2)Reporting of performance test resultsNo 1Yes § 63.10(d)(3)Reporting of visible emission observationsNo 1No § 63.10(d)(4)Progress reports for compliance date extensionsNo 1Yes § 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 systemsNo 1Yes § 63.10(f)Recordkeeping/reporting waiverNo 1Yes § 63.11Control device requirements/flaresNo 1Yes§ 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 delegationsNo 1Yes § 63.13AddressesNo 1Yes § 63.14Incorporation by referenceNo 1Yes § 63.15Availability 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.

[85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8204, Feb. 14, 2022]