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Electronic Code of Federal Regulations

e-CFR data is current as of January 16, 2020

Title 40Chapter ISubchapter CPart 63Subpart VVV → Appendix


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works


Table 1 to Subpart VVV of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart VVV

General provisions referenceApplicable to subpart VVVExplanation
§63.1Applicability.
§63.1(a)(1)YesTerms defined in the Clean Air Act.
§63.1(a)(2)YesGeneral applicability explanation.
§63.1(a)(3)YesCannot diminish a stricter NESHAP.
§63.1(a)(4)YesNot repetitive. Doesn't apply to section 112(r).
§63.1(a)(5)YesSection reserved.
§63.1(a)(6)-(8)YesContacts and authorities.
§63.1(a)(9)YesSection reserved.
§63.1(a)(10)YesTime period definition.
§63.1(a)(11)YesPostmark explanation.
§63.1(a)(12)-(14)YesTime period changes. Regulation conflict. Force and effect of subpart A.
§63.1(b)(1)YesInitial applicability determination of subpart A.
§63.1(b)(2)YesSection reserved.
§63.1(b)(3)NoSubpart VVV specifies recordkeeping of records of applicability determination.
§63.1(c)(1)YesRequires compliance with both subparts A and subpart VVV.
§63.1(c)(2)(i)NoState options regarding title V permit. Unless required by the State, area sources subject to subpart VVV are exempted from permitting requirements.
§63.1(c)(2)(ii)-(iii)NoState options regarding title V permit.
§63.1(c)(3)YesSection reserved.
§63.1(c)(4)YesExtension of compliance.
§63.1(c)(5)NoSubpart VVV addresses area sources becoming major due to increase in emissions.
§63.1(d)YesSection reserved.
§63.1(e)YesTitle V permit before a relevant standard is established.
§63.2YesDefinitions.
§63.3YesUnits and abbreviations.
§63.4Prohibited activities and circumvention.
§63.4(a)(1)-(3)YesProhibits operation in violation of subpart A.
§63.4(a)(4)YesSection reserved.
§63.4(a)(5)YesCompliance dates.
§63.4(b)YesCircumvention.
§63.4(c)YesSeverability.
§63.5Preconstruction review and notification requirements.
§63.5(a)(1)YesConstruction and reconstruction.
§63.5(a)(2)YesNew source—effective dates.
§63.5(b)(1)YesNew sources subject to relevant standards.
§63.5(b)(2)YesSection reserved.
§63.5(b)(3)YesNo new major sources without Administrator approval.
§63.5(b)(4)YesNew major source notification.
§63.5(b)(5)YesNew major sources must comply.
§63.5(b)(6)YesNew equipment added considered part of major source.
§63.5(c)YesSection reserved.
§63.5(d)(1)YesImplementation of section 112(I)(2)—application of approval of new source construction.
§63.5(d)(2)YesApplication for approval of construction for new sources listing and describing planned air pollution control system.
§63.5(d)(3)YesApplication for reconstruction.
§63.5(d)(4)YesAdministrator may request additional information.
§63.5(e)YesApproval of reconstruction.
§63.5(f)(1)YesApproval based on State review.
§63.5(f)(2)YesApplication deadline.
§63.6Compliance with standards and maintenance requirements.
§63.6(a)YesApplicability of compliance with standards and maintenance requirements.
§63.6(b)YesCompliance dates for new and reconstructed sources.
§63.6(c)YesCompliance dates for existing sources apply to existing Group 1 POTW treatment plants.
§63.6(d)YesSection reserved.
§63.6(e)Yes, except as noted belowOperation and maintenance requirements apply to new sources.
§63.6(e)(1)(i)NoGeneral duty; See §63.1583(d) and §63.1586(d) for general duty requirements.
§63.6(e)(1)(ii)NoRequirement to correct malfunctions.
§63.6(e)(3)NoSSM plans are not required for POTW.
§63.6(f)Yes, except as noted belowCompliance with non-opacity emission standards applies to new sources.
§63.6(f)(1)NoThe POTW standards apply at all times.
§63.6(g)YesUse of alternative non-opacity emission standards applies to new sources.
§63.6(h)NoPOTW treatment plants do not typically have visible emissions.
§63.6(i)YesExtension of compliance with emission standards applies to new sources.
§63.6(j)YesPresidential exemption from compliance with emission standards.
§63.7Performance testing requirements.
§63.7(a)YesPerformance testing is required for new sources.
§63.7(b)YesNew sources must notify the Administrator of intention to conduct performance testing.
§63.7(c)YesNew sources must comply with quality assurance program requirements.
§63.7(d)YesNew sources must provide performance testing facilities at the request of the Administrator.
§63.7(e)Yes, except as noted belowRequirements for conducting performance tests apply to new sources.
§63.7(e)(1)NoThe performance testing provisions of §63.694 for control devices are incorporated by reference into subpart DD of this part.
§63.7(f)YesNew sources may use an alternative test method.
§63.7(g)YesRequirements for data analysis, recordkeeping, and reporting associated with performance testing apply to new sources.
§63.7(h)YesNew sources may request a waiver of performance tests.
§63.8Monitoring requirements.
§63.8(a)YesApplicability of monitoring requirements.
§63.8(b)YesMonitoring shall be conducted by new sources.
§63.8(c)Yes, except as noted belowNew sources shall operate and maintain continuous monitoring systems (CMS).
§63.8(c)(1)(i)NoSee §63.1583(d) for general duty requirement with respect to minimizing emissions and continuous monitoring requirements.
§63.8(c)(1)(iii)NoSee the applicable CMS quality control requirements under §63.8(c) and (d).
§63.8(d)Yes, except as noted belowNew sources must develop and implement a CMS quality control program.
§63.8(d)(3)NoThe owner or operator must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, and make them available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator must keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision of the plan. The program of corrective action should be included in the plan required under §63.8(d)(2).
§63.8(e)YesNew sources may be required to conduct a performance evaluation of CMS.
§63.8(f)YesNew sources may use an alternative monitoring method.
§63.8(g)YesRequirements for reduction of monitoring data.
§63.9Notification requirements.
§63.9(a)YesApplicability of notification requirements.
§63.9(b)Yes, except as noted belowInitial notification due February 23, 2000 or 60 days after becoming subject to this subpart.
§63.9(c)YesRequest for extension of compliance with subpart VVV.
§63.9(d)YesNotification that source is subject to special compliance requirements as specified in §63.6(b)(3) and (4).
§63.9(e)YesNotification of performance test.
§63.9(f)NoPOTW treatment plants do not typically have visible emissions.
§63.9(g)YesAdditional notification requirements for sources with continuous emission monitoring systems.
§63.9(h)Yes, except as notedNotification of compliance status when the source becomes subject to subpart VVV. See exceptions in §63.1591(b).
§63.9(i)YesAdjustments to time periods or postmark deadlines or submittal and review of required communications.
§63.9(j)YesChange of information already provided to the Administrator.
§63.10Recordkeeping and reporting requirements.
§63.10(a)YesApplicability of notification and reporting requirements.
§63.10(b)(1)-(2)Yes, except as noted belowGeneral recordkeeping requirements.
§63.10(b)(2)(i)NoRecordkeeping for occurrence and duration of startup and shutdown.
§63.10(b)(2)(ii)NoRecordkeeping for failure to meet a standard, see §63.696.
§63.10(b)(2)(iii)YesMaintenance records.
§63.10(b)(2)(iv)NoActions taken to minimize emissions during SSM.
§63.10(b)(2)(v)NoAction taken to minimize emissions during SSM.
§63.10(b)(2)(vi)YesRecordkeeping for CMS malfunctions.
§63.10(b)(2)(vii)-(ix)YesOther CMS requirements.
§63.10(b)(3)NoRecording requirement for applicability determination.
§63.10(c)Yes, except as noted belowAdditional recordkeeping requirements for sources with continuous monitoring systems.
§63.10(c)(7)NoSee §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(c)(8)NoSee §63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(c)(15)NoUse of SSM plan.
§63.10(d)Yes, except as noted belowGeneral reporting requirements.
§63.10(d)(5)NoSee §63.697(b) for malfunction reporting requirements.
§63.10(e)YesAdditional reporting requirements for sources with continuous monitoring systems.
§63.10(f)Yes, except as notedWaiver of recordkeeping and reporting requirements. Electronic reporting to the EPA cannot be waived.
§63.11YesControl device and equipment leak work practice requirements.
§63.11(a) and (b)YesIf a new source uses flares to comply with the requirements of subpart VVV, the requirements of §63.11 apply.
§63.11(c), (d) and (e)YesAlternative work practice for equipment leaks.
§63.12YesState authority and designation.
§63.13YesAddresses of State air pollution control agencies and EPA Regional Offices.
§63.14YesIncorporation by reference.
§63.15YesAvailability of information and confidentiality.

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