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

Title 40Chapter ISubchapter CPart 63Subpart EEEE → Appendix

Title 40: Protection of Environment
Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline)

Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE

As stated in §§63.2382 and 63.2398, you must comply with the applicable General Provisions requirements as follows:

Citation Subject Brief description Applies to subpart EEEE
§63.1ApplicabilityInitial applicability determination; Applicability after standard established; Permit requirements; Extensions, NotificationsYes.
§63.2DefinitionsDefinitions for part 63 standardsYes.
§63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§63.4Prohibited Activities and CircumventionProhibited activities; Circumvention, SeverabilityYes.
§63.5Construction/ReconstructionApplicability; Applications; ApprovalsYes.
§63.6(a)Compliance with Standards/O&M ApplicabilityGP apply unless compliance extension; GP apply to area sources that become majorYes.
§63.6(b)(1)-(4)Compliance Dates for New and Reconstructed SourcesStandards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f)Yes.
§63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceYes.
§63.6(c)(1)-(2)Compliance Dates for Existing SourcesComply according to date in this subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extensionYes.
§63.6(c)(5)Compliance Dates for Existing Area Sources That Become MajorArea sources that become major must comply with major source standards by date indicated in this subpart or by equivalent time period (e.g., 3 years)Yes.
§63.6(e)(1)Operation & MaintenanceOperate to minimize emissions at all times; correct malfunctions as soon as practicable; and operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were metYes.
§63.6(e)(3)SSM PlanRequirement for SSM plan; content of SSM plan; actions during SSMYes; however, (1) the 2-day reporting requirement in paragraph §63.6(e)(3)(iv) does not apply and (2) §63.6(e)(3) does not apply to emissions sources not requiring control.
§63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMYes.
§63.6(f)(2)-(3)Methods for Determining ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§63.6(g)(1)-(3)Alternative StandardProcedures for getting an alternative standardYes.
§63.6(h)Opacity/Visible Emission StandardsRequirements for compliance with opacity and visible emission standardsNo; except as it applies to flares for which Method 22 observations are required as part of a flare compliance assessment.
§63.6(i)(1)-(14)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§63.6(j)Presidential Compliance ExemptionPresident may exempt any source from requirement to comply with this subpartYes.
§63.7(a)(2)Performance Test DatesDates for conducting initial performance testing; must conduct 180 days after compliance dateYes.
§63.7(a)(3)Section 114 AuthorityAdminsitrator may require a performance test under CAA section 114 at any timeYes.
§63.7(b)(1)Notification of Performance TestMust notify Administrator 60 days before the testYes.
§63.7(b)(2)Notification of ReschedulingIf you have to reschedule performance test, must notify Administrator of rescheduled date as soon as practicable and without delayYes.
§63.7(c)Quality Assurance (QA)/Test PlanRequirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testingYes.
§63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
§63.7(e)(1)Conditions for Conducting Performance TestsPerformance tests must be conducted under representative conditions; cannot conduct performance tests during SSMYes.
§63.7(e)(2)Conditions for Conducting Performance TestsMust conduct according to this subpart and EPA test methods unless Administrator approves alternativeYes.
§63.7(e)(3)Test Run DurationMust have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be usedYes; however, for transfer racks per §§63.987(b)(3)(i)(A)-(B) and 63.997(e)(1)(v)(A)-(B) provide exceptions to the requirement for test runs to be at least 1 hour each.
§63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an intermediate or major change, or alternative to a test methodYes.
§63.7(g)Performance Test Data AnalysisMust include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status; keep data for 5 yearsYes; however, performance test data is to be submitted with the Notification of Compliance Status according to the schedule specified in §63.9(h)(1)-(6) below.
§63.7(h)Waiver of TestsProcedures for Administrator to waive performance testYes.
§63.8(a)(1)Applicability of Monitoring RequirementsSubject to all monitoring requirements in standardYes.
§63.8(a)(2)Performance SpecificationsPerformance Specifications in appendix B of 40 CFR part 60 applyYes.
§63.8(a)(4)Monitoring of FlaresMonitoring requirements for flares in §63.11Yes; however, monitoring requirements in §63.987(c) also apply.
§63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§63.8(b)(2)-(3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing monitoring systems; must install on each affected source or after combined with another affected source before it is released to the atmosphere provided the monitoring is sufficient to demonstrate compliance with the standard; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backupYes.
§63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with good air pollution control practicesYes.
§63.8(c)(1)(i)-(iii)Routine and Predictable SSMKeep parts for routine repairs readily available; reporting requirements for SSM when action is described in SSM plan.Yes.
§63.8(c)(2)-(3)Monitoring System InstallationMust install to get representative emission or parameter measurements; must verify operational status before or at performance testYes.
§63.8(c)(4)CMS RequirementsCMS must be operating except during breakdown, out-of control, repair, maintenance, and high-level calibration drifts; COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute periodYes; however, COMS are not applicable.
§63.8(c)(5)COMS Minimum ProceduresCOMS minimum proceduresNo.
§63.8(c)(6)-(8)CMS RequirementsZero and high level calibration check requirements. Out-of-control periodsYes, but only applies for CEMS. 40 CFR part 63, subpart SS provides requirements for CPMS.
§63.8(d)CMS Quality ControlRequirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisionsYes, but only applies for CEMS. 40 CFR part 63, subpart SS provides requirements for CPMS.
§63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsYes, but only applies for CEMS.
§63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes, but 40 CFR part 63, subpart SS also provides procedures for approval of CPMS.
§63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes.
§63.8(g)Data ReductionCOMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that cannot be used in averageYes; however, COMS are not applicable.
§63.9(a)Notification RequirementsApplicability and State delegationYes.
§63.9(b)(1)-(2), (4)-(5)Initial NotificationsSubmit notification within 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construction/reconstruction, notification of startup; contents of eachYes.
§63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed best available control technology or lowest achievable emission rate (BACT/LAER)Yes.
§63.9(d)Notification of Special Compliance Requirements for New SourcesFor sources that commence construction between proposal and promulgation and want to comply 3 years after effective dateYes.
§63.9(e)Notification of Performance TestNotify Administrator 60 days priorYes.
§63.9(f)Notification of VE/Opacity TestNotify Administrator 30 days priorNo.
§63.9(g)Additional Notifications When Using CMSNotification of performance evaluation; notification about use of COMS data; notification that exceeded criterion for relative accuracy alternativeYes; however, there are no opacity standards.
§63.9(h)(1)-(6)Notification of Compliance StatusContents due 60 days after end of performance test or other compliance demonstration, except for opacity/visible emissions, which are due 30 days after; when to submit to Federal vs. State authorityYes; however, (1) there are no opacity standards and (2) all initial Notification of Compliance Status, including all performance test data, are to be submitted at the same time, either within 240 days after the compliance date or within 60 days after the last performance test demonstrating compliance has been completed, whichever occurs first.
§63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change in when notifications must be submittedYes.
§63.9(j)Change in Previous InformationMust submit within 15 days after the changeNo. These changes will be reported in the first and subsequent compliance reports.
§63.10(a)Recordkeeping/ReportingApplies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one sourceYes.
§63.10(b)(1)Recordkeeping/ReportingGeneral requirements; keep all records readily available; keep for 5 yearsYes.
§63.10(b)(2)(i)-(iv)Records Related to Startup, Shutdown, and MalfunctionOccurrence of each for operations (process equipment); occurrence of each malfunction of air pollution control equipment; maintenance on air pollution control equipment; actions during SSMYes.
§63.10(b)(2)(vi)-(xi)CMS RecordsMalfunctions, inoperative, out-of-control periodsYes.
§63.10(b)(2)(xii)RecordsRecords when under waiverYes.
§63.10(b)(2)(xiii)RecordsRecords when using alternative to relative accuracy testYes.
§63.10(b)(2)(xiv)RecordsAll documentation supporting initial notification and notification of compliance statusYes.
§63.10(b)(3)RecordsApplicability determinationsYes.
§63.10(c)RecordsAdditional records for CMSYes.
§63.10(d)(1)General Reporting RequirementsRequirement to reportYes.
§63.10(d)(2)Report of Performance Test ResultsWhen to submit to Federal or State authorityYes.
§63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenYes.
§63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§63.10(d)(5)SSM ReportsContents and submissionYes.
§63.10(e)(1)-(2)Additional CMS ReportsMust report results for each CEMS on a unit; written copy of CMS performance evaluation; 2-3 copies of COMS performance evaluationYes; however, COMS are not applicable.
§63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations)Yes; however, note that the title of the report is the compliance report; deviations include excess emissions and parameter exceedances.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions or parameter monitoring exceedance (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emissions (now defined as deviations), report contents in a statement that there have been no deviations; must submit report containing all of the information in §§63.8(c)(7)-(8) and 63.10(c)(5)-(13)Yes.
§63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportRequirements for reporting excess emissions for CMS (now called deviations); requires all of the information in §§63.10(c)(5)-(13) and 63.8(c)(7)-(8)Yes.
§63.10(e)(4)Reporting COMS DataMust submit COMS data with performance test dataNo.
§63.10(f)Waiver for Recordkeeping/ReportingProcedures for Administrator to waiveYes.
§63.11(b)FlaresRequirements for flaresYes; §63.987 requirements apply, and the section references §63.11(b).
§63.11(c), (d), and (e)Control and work practice requirementsAlternative work practice for equipment leaksYes.
§63.12DelegationState authority to enforce standardsYes.
§63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§63.14Incorporation by ReferenceTest methods incorporated by referenceYes.
§63.15Availability of InformationPublic and confidential informationYes.

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 20463, Apr. 20, 2006; 71 FR 42924, July 28, 2006; 73 FR 78215, Dec. 22, 2008]

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