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e-CFR data is current as of July 13, 2020

Title 40Chapter ISubchapter CPart 63Subpart CCCCCC → Appendix

Title 40: Protection of Environment
Subpart CCCCCC—National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities

Table 3 to Subpart CCCCCC of Part 63—Applicability of General Provisions

CitationSubjectBrief descriptionApplies to subpart CCCCCC
§63.1ApplicabilityInitial applicability determination; applicability after standard established; permit requirements; extensions, notificationsYes, specific requirements given in §63.11111.
§63.1(c)(2)Title V PermitRequirements for obtaining a title V permit from the applicable permitting authorityYes, §63.11111(f) of subpart CCCCCC exempts identified area sources from the obligation to obtain title V operating permits.
§63.2DefinitionsDefinitions for part 63 standardsYes, additional definitions in §63.11132.
§63.3Units and AbbreviationsUnits and abbreviations for part 63 standardsYes.
§63.4Prohibited Activities and CircumventionProhibited activities; Circumvention, severabilityYes.
§63.5Construction/ReconstructionApplicability; applications; approvalsYes, except that these notifications are not required for facilities subject to §63.11116
§63.6(a)Compliance with Standards/Operation & Maintenance—ApplicabilityGeneral Provisions apply unless compliance extension; General Provisions 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 CAA 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 sourceNo.
§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 CAA section 112(f) standards, comply within 90 days of effective date unless compliance extensionNo, §63.11113 specifies the compliance dates.
§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)No.
63.6(e)(1)(i)General duty to minimize emissionsOperate to minimize emissions at all times; information Administrator will use to determine if operation and maintenance requirements were met.No. See §63.11115 for general duty requirement.
63.6(e)(1)(ii)Requirement to correct malfunctions ASAPOwner or operator must correct malfunctions as soon as possible.No.
§63.6(e)(3)Startup, Shutdown, and Malfunction (SSM) PlanRequirement for SSM plan; content of SSM plan; actions during SSMNo.
§63.6(f)(1)Compliance Except During SSMYou must comply with emission standards at all times except during SSMNo.
§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)(1)Compliance with Opacity/Visible Emission (VE) StandardsYou must comply with opacity/VE standards at all times except during SSMNo.
§63.6(h)(2)(i)Determining Compliance with Opacity/VE StandardsIf standard does not State test method, use EPA Method 9 for opacity in appendix A of part 60 of this chapter and EPA Method 22 for VE in appendix A of part 60 of this chapterNo.
§63.6(h)(2)(iii)Using Previous Tests To Demonstrate Compliance With Opacity/VE StandardsCriteria for when previous opacity/VE testing can be used to show compliance with this subpartNo.
§63.6(h)(4)Notification of Opacity/VE Observation DateMust notify Administrator of anticipated date of observationNo.
§63.6(h)(5)(i), (iii)-(v)Conducting Opacity/VE ObservationsDates and schedule for conducting opacity/VE observationsNo.
§63.6(h)(5)(ii)Opacity Test Duration and Averaging TimesMust have at least 3 hours of observation with 30 6-minute averagesNo.
§63.6(h)(6)Records of Conditions During Opacity/VE ObservationsMust keep records available and allow Administrator to inspectNo.
§63.6(h)(7)(i)Report Continuous Opacity Monitoring System (COMS) Monitoring Data From Performance TestMust submit COMS data with other performance test dataNo.
§63.6(h)(7)(ii)Using COMS Instead of EPA Method 9Can submit COMS data instead of EPA Method 9 results even if rule requires EPA Method 9 in appendix A of part 60 of this chapter, but must notify Administrator before performance testNo.
§63.6(h)(7)(iii)Averaging Time for COMS During Performance TestTo determine compliance, must reduce COMS data to 6-minute averagesNo.
§63.6(h)(7)(iv)COMS RequirementsOwner/operator must demonstrate that COMS performance evaluations are conducted according to §63.8(e); COMS are properly maintained and operated according to §63.8(c) and data quality as §63.8(d)No.
§63.6(h)(7)(v)Determining Compliance with Opacity/VE StandardsCOMS is probable but not conclusive evidence of compliance with opacity standard, even if EPA Method 9 observation shows otherwise. Requirements for COMS to be probable evidence-proper maintenance, meeting Performance Specification 1 in appendix B of part 60 of this chapter, and data have not been alteredNo.
§63.6(h)(8)Determining Compliance with Opacity/VE StandardsAdministrator will use all COMS, EPA Method 9 (in appendix A of part 60 of this chapter), and EPA Method 22 (in appendix A of part 60 of this chapter) results, as well as information about operation and maintenance to determine complianceNo.
§63.6(h)(9)Adjusted Opacity StandardProcedures for Administrator to adjust an opacity standardNo.
§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)CAA 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 Re-schedulingIf 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 test must be conducted under representative conditionsNo, §63.11120(c) specifies conditions for conducting performance tests.
§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 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.
§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 §63.11 applyYes.
§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 backupNo.
§63.8(c)(1)Monitoring System Operation and MaintenanceMaintain monitoring system in a manner consistent with good air pollution control practicesNo.
§63.8(c)(1)(i)-(iii)Operation and Maintenance of Continuous Monitoring Systems (CMS)Must maintain and operate each CMS as specified in §63.6(e)(1); must keep parts for routine repairs readily available; must develop a written SSM plan for CMS, as specified in §63.6(e)(3)No.
§63.8(c)(2)-(8)CMS RequirementsMust install to get representative emission or parameter measurements; must verify operational status before or at performance testNo.
§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 revisionsNo.
§63.8(e)CMS Performance EvaluationNotification, performance evaluation test plan, reportsNo.
§63.8(f)(1)-(5)Alternative Monitoring MethodProcedures for Administrator to approve alternative monitoringNo.
§63.8(f)(6)Alternative to Relative Accuracy TestProcedures for Administrator to approve alternative relative accuracy tests for continuous emissions monitoring system (CEMS)No.
§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 averageNo.
§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 rateYes.
§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/VE, which are due 30 days after; when to submit to Federal vs. State authorityYes, however, there are no opacity standards.
§63.9(i)Adjustment of Submittal DeadlinesProcedures for Administrator to approve change when notifications must be submittedYes.
§63.9(j)Change in Previous InformationMust submit within 15 days after the changeYes.
§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)Records related to SSMRecordkeeping of occurrence and duration of startups and shutdownsNo.
§63.10(b)(2)(ii)Records related to SSMRecordkeeping of malfunctionsNo. See §63.11125(d) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction.
§63.10(b)(2)(iii)Maintenance recordsRecordkeeping of maintenance on air pollution control and monitoring equipmentYes.
§63.10(b)(2)(iv)Records Related to SSMActions taken to minimize emissions during SSMNo.
§63.10(b)(2)(v)Records Related to SSMActions taken to minimize emissions during SSMNo.
§63.10(b)(2)(vi)-(xi)CMS RecordsMalfunctions, inoperative, out-of-control periodsNo.
§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 CMSNo.
§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 whenNo.
§63.10(d)(4)Progress ReportsMust submit progress reports on schedule if under compliance extensionYes.
§63.10(d)(5)SSM ReportsContents and submissionNo. See §63.11126(b) for malfunction reporting requirements.
§63.10(e)(1)-(2)Additional CMS ReportsMust report results for each CEMS on a unit; written copy of CMS performance evaluation; two-three copies of COMS performance evaluationNo.
§63.10(e)(3)(i)-(iii)ReportsSchedule for reporting excess emissionsNo.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (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)No.
§63.10(e)(3)(iv)-(v)Excess Emissions ReportsRequirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedances (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)No, §63.11130(K) specifies excess emission events for this subpart.
§63.10(e)(3)(vi)-(viii)Excess Emissions Report and Summary ReportRequirements for reporting excess emissions for CMS; requires all of the information in §§63.10(c)(5)-(13) and 63.8(c)(7)-(8)No.
§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 flaresNo.
§63.12DelegationState authority to enforce standardsYes.
§63.13AddressesAddresses where reports, notifications, and requests are sentYes.
§63.14Incorporations by ReferenceTest methods incorporated by referenceYes.
§63.15Availability of InformationPublic and confidential informationYes.

[73 FR 1945, Jan. 10, 2008, as amended at 76 FR 4184, Jan. 24, 2011]

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