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e-CFR data is current as of August 6, 2020

Title 40Chapter ISubchapter CPart 63Subpart UUUU → Appendix


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing


Table 10 to Subpart UUUU of Part 63—Applicability of General Provisions to Subpart UUUU

As required in §§63.5515(h) and 63.5600, you must comply with the appropriate General Provisions requirements specified in the following table:

CitationSubjectBrief descriptionApplies to
Subpart UUUU
§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; compliance date; circumvention, severabilityYes.
§63.5Preconstruction Review and Notification RequirementsPreconstruction review requirements of section 112(i)(1)Yes.
§63.6(a)ApplicabilityGeneral provisions apply unless compliance extension; general provisions apply to area sources that become majorYes.
§63.6(b)(1) through (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 CAA section 112(f)Yes.
§63.6(b)(5)NotificationMust notify if commenced construction or reconstruction after proposalYes.
§63.6(b)(6)[Reserved]
§63.6(b)(7)Compliance Dates for New and Reconstructed Area Sources That Become MajorArea sources that become major must comply with major source and standards immediately upon becoming major, regardless of whether required to comply when they were an area sourceYes.
§63.6(c)(1) and (2)Compliance Dates for Existing SourcesComply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extensionYes.
§63.6(c)(3) and (4)[Reserved]
§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 subpart or by equivalent time period (e.g., 3 years)Yes.
§63.6(d)[Reserved]
§63.6(e)(1)(i)General Duty to Minimize EmissionsYou must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissionsNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b) for general duty requirement.
§63.6(e)(1)(ii)Requirement to Correct Malfunctions ASAPYou must correct malfunctions as soon as practicable after their occurrenceNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter.
§63.6(e)(1)(iii)Operation and Maintenance RequirementsOperation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standardsYes.
§63.6(e)(2)[Reserved]
§63.6(e)(3)SSM PlanRequirement for SSM and SSM plan; content of SSM planNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c).
§63.6(f)(1)SSM ExemptionYou must comply with emission standards at all times except during SSMNo, see 40 CFR 63.5515(a).
§63.6(f)(2) and (3)Methods for Determining Compliance/Finding of ComplianceCompliance based on performance test, operation and maintenance plans, records, inspectionYes.
§63.6(g)(1) through (3)Alternative StandardProcedures for getting an alternative standardYes.
§63.6(h)(1)SSM ExemptionYou must comply with opacity and visible emission standards at all times except during SSMNo, see CFR 63.5515(a).
§63.6(h)(2) through (9)Opacity and Visible Emission (VE) StandardsRequirements for opacity and visible emission limitsYes, but only for flares for which EPA Method 22 observations are required under §63.11(b).
§63.6(i)(1) through (16)Compliance ExtensionProcedures and criteria for Administrator to grant compliance extensionYes.
§63.6(j)Presidential Compliance ExemptionPresident may exempt source category from requirement to comply with subpartYes.
§63.7(a)(1) and (2)Performance Test DatesDates for conducting initial performance test; testing and other compliance demonstrations; must conduct 180 days after first subject to subpartYes.
§63.7(a)(3)Section 114 AuthorityAdministrator 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 rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled testYes.
§63.7(c)Quality Assurance and 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 testingNo.
§63.7(d)Testing FacilitiesRequirements for testing facilitiesYes.
§63.7(e)(1)Performance TestingPerformance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSMNo, see §63.5535 and Table 4.
§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.
§63.7(f)Alternative Test MethodProcedures by which Administrator can grant approval to use an alternative 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 Report; keep data for 5 yearsYes.
§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)(3)[Reserved]
§63.8(a)(4)Monitoring with FlaresUnless your subpart says otherwise, the requirements for flares in §63.11 applyYes.
§63.8(b)(1)MonitoringMust conduct monitoring according to standard unless Administrator approves alternativeYes.
§63.8(b)(2) and (3)Multiple Effluents and Multiple Monitoring SystemsSpecific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; 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) and (c)(1)(i)General Duty to Minimize Emissions and CMS OperationMaintain monitoring system in a manner consistent with good air pollution control practicesNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b).
§63.8(c)(1)(ii)Parts for Routine RepairsKeep parts for routine repairs readily availableYes.
§63.8(c)(1)(iii)Requirements to develop SSM Plan for CMSDevelop a written SSM plan for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c).
§63.8(c)(2) and (3)Monitoring System InstallationMust install to get representative emission of 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 driftsNo. Replaced with language in §63.5560.
§63.8(c)(4)(i) and (ii)CMS RequirementsContinuous opacity monitoring systems (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, except that §63.8(c)(4)(i) does not apply because subpart UUUU does not require COMS.
§63.8(c)(5)COMS Minimum ProceduresCOMS minimum proceduresNo. Subpart UUUU does not require COMS.
§63.8(c)(6)CMS RequirementsZero and high level calibration check requirements; out-of-control periodsNo. Replaced with language in §63.5545.
§63.8(c)(7) and (8)CMS RequirementsOut-of-control periods, including reportingNo. Replaced with language in §63.5580(c)(6).
§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 revisions; program of correction action to be included in plan required under §63.8(d)(2)No, except for requirements in §63.8(d)(2).
§63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsYes, except that §63.8(e)(5)(ii) does not apply because subpart UUUU does not require COMS.
§63.8(f)(1) through (5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringYes, except that no site-specific test plan is required. The request to use an alternative monitoring method must be submitted with the notification of performance test or CEMS performance evaluation or 60 days prior to any initial compliance demonstration.
§63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for CEMSYes.
§63.8(g)(1) through (4)Data ReductionCOMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1-hour averages computed over at least four equally spaced data points; data that cannot be used in averageNo. Replaced with language in §63.5545(e).
§63.8(g)(5)Data ReductionData that cannot be used in computing averages for CEMS and COMSNo. Replaced with language in §63.5560(b).
§63.9(a)Notification RequirementsApplicability and State delegationYes.
§63.9(b)(1) through (5)Initial NotificationsSubmit notification subject 120 days after effective date; notification of intent to construct or reconstruct; notification of commencement of construction or reconstruction; notification of startup; contents of eachYes.
§63.9(c)Request for Compliance ExtensionCan request if cannot comply by date or if installed BACT/LAERYes.
§63.9(d)Notification of Special Compliance Requirements for New SourceFor 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 or Opacity TestNotify Administrator 30 days priorYes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment.
§63.9(g)Additional Notifications When Using CMSNotification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracyYes, except that §63.9(g)(2) does not apply because subpart UUUU does not require COMS.
§63.9(h)(1) through (6)Notification of Compliance Status ReportContents; due 60 days after end of performance test or other compliance demonstration, except for opacity or VE, which are due 30 days after; when to submit to federal vs. state authorityYes, except that Table 7 to this subpart specifies the submittal date for the notification. The contents of the notification will also include the results of EPA Method 22 observations required as part of a flare compliance assessment.
§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 changeYes, except that the notification must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart.
§63.10(a)Recordkeeping and 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 and ReportingGeneral requirements; keep all records readily available; keep for 5 yearsYes.
§63.10(b)(2)(i)Recordkeeping of Occurrence and Duration of Startups and ShutdownsRecords of occurrence and duration of each startup or shutdown that causes source to exceed emission limitationNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019.For all other affected sources, Yes before December 29, 2020, and No thereafter.
§63.10(b)(2)(ii)Recordkeeping of Failures to Meet a StandardRecords of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipmentNo, see Table 9 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure.
§63.10(b)(2)(iii)Maintenance RecordsRecords of maintenance performed on air pollution control and monitoring equipmentYes.
§63.10(b)(2)(iv) and (v)Actions Taken to Minimize Emissions During SSMRecords of actions taken during SSM to minimize emissionsNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter.
§63.10(b)(2)(vi), (x), and (xi)CMS RecordsMalfunctions, inoperative, out-of-control; calibration checks, adjustments, maintenanceYes.
§63.10(b)(2)(vii) through (ix)RecordsMeasurements to demonstrate compliance with emission limits; performance test, performance evaluation, and opacity/VE observation results; measurements to determine conditions of performance tests and performance evaluationsYes, including results of EPA Method 22 observations required as part of a flare compliance assessment.
§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 Status ReportYes.
§63.10(b)(3)RecordsApplicability determinationsYes.
§63.10(c)(1) through (6), (9) through (14)RecordsAdditional records for CMSYes.
§63.10(c)(7) and (8)RecordsRecords of excess emissions and parameter monitoring exceedances for CMSNo. Replaced with language in Table 9 to this subpart.
§63.10(c)(15)Use of SSM PlanUse SSM plan to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMSNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c).
§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, except that Table 7 to this subpart specifies the submittal date for the Notification of Compliance Status Report.
§63.10(d)(3)Reporting Opacity or VE ObservationsWhat to report and whenYes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment.
§63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§63.10(d)(5)(i)Periodic SSM ReportsContents and submission of periodic SSM reportsNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See §63.5580(c)(4) and Table 8 for malfunction reporting requirements.
§63.10(d)(5)(ii)Immediate SSM ReportsContents and submission of immediate SSM reportsNo, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 29, 2020, except that the immediate SSM report must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart, and No thereafter.
§63.10(e)(1) and (2)Additional CMS ReportsMust report results for each CEMS on a unit; written copy of performance evaluation; three copies of COMS performance evaluationYes, except that §63.10(e)(2)(ii) does not apply because subpart UUUU does not require COMS.
§63.10(e)(3)(i) through (iii)ReportsSchedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations)No. Replaced with language in §63.5580.
§63.10(e)(3)(iv)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor 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 emission (now defined as deviations), report contents is a statement that there have been no deviationsNo. Replaced with language in §63.5580.
§63.10(e)(3)(v)Excess Emissions ReportsMust submit report containing all of the information in §63.10(c)(5) through (13), §63.8(c)(7) and (8)No. Replaced with language in §63.5580.
§63.10(e)(3)(vi) through (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) through (13), §63.8(c)(7) and (8)No. Replaced with language in §63.5580.
§63.10(e)(4)Reporting COMS DataMust submit COMS data with performance test dataNo. Subpart UUUU does not require COMS.
§63.10(f)Waiver for Recordkeeping or ReportingProcedures for Administrator to waiveYes.
§63.11Control and Work Practice RequirementsRequirements for flares and alternative work practice for equipment leaksYes.
§63.12State Authority and DelegationsState authority to enforce standardsYes.
§63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§63.14Incorporations by ReferenceTest methods incorporated by referenceYes.
§63.15Availability of Information and ConfidentialityPublic and confidential informationYes.
§63.16Performance Track ProvisionsRequirements for Performance Track member facilitiesYes.

[85 FR 40019, July 2, 2020]

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