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e-CFR data is current as of August 7, 2020

Title 40Chapter ISubchapter CPart 63Subpart NNNNN → Appendix


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart NNNNN—National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production


Table 7 to Subpart NNNNN of Part 63—Applicability of General Provisions to Subpart NNNNN

As stated in §63.9065, you must comply with the applicable General Provisions requirements according to the following:

Citation Requirement Applies to subpart NNNNN Explanation
§63.1Initial applicability determination; applicability after standard established; permit requirements; extensions; notificationsYes.
§63.2DefinitionsYesAdditional definitions are found in §63.9075.
§63.3Units and abbreviationsYes.
§63.4Prohibited activities; compliance date; circumvention, severabilityYes.
§63.5Construction/reconstruction applicability; applications; approvalsYes.
§63.6(a)Compliance with standards and maintenance requirements-applicabilityYes.
§63.6(b)(1)-(4)Compliance dates for new or reconstructed sourcesYes§63.8995 specifies compliance dates.
§63.6(b)(5)Notification if commenced construction or reconstruction after proposalYes.
§63.6(b)(6)[Reserved]Yes.
§63.6(b)(7)Compliance dates for new or reconstructed area sources that become majorYes§63.8995 specifies compliance dates.
§63.6(c)(1)-(2)Compliance dates for existing sourcesYes§63.8995 specifies compliance dates.
§63.6(c)(3)-(4)[Reserved]Yes.
§63.6(c)(5)Compliance dates for existing area sources that become majorYes§63.8995 specifies compliance dates.
§63.6(d)[Reserved]Yes.
§63.6(e)(1)(i)General Duty to minimize emissionsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSubpart NNNNN requires affected units to meet emissions standards at all times. See §63.9005(b) for general duty requirement.
§63.6(e)(1)(ii)Requirement to correct malfunctions ASAPNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.6(e)(1)(iii)-(e)(2)Operation and maintenance requirementsYes
§63.6(e)(3)Startup, Shutdown, and Malfunction PlansNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.6(f)(1)Compliance except during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.6(f)(2)-(3)Methods for determining complianceYes.
§63.6(g)Use of an alternative non-opacity emission standardYes.
§63.6(h)Compliance with opacity/visible emission standardsNoSubpart NNNNN does not specify opacity or visible emission standards.
§63.6(i)Extension of compliance with emission standardsYes.
§63.6(j)Presidential compliance exemptionYes.
§63.7(a)(1)-(2)Performance test datesYesExcept for existing affected sources as specified in §63.9010(b).
§63.7(a)(3)Administrator's Clean Air Act section 114 authority to require a performance testYes.
§63.7(b)Notification of performance test and reschedulingYes.
§63.7(c)Quality assurance program and site-specific test plansYes.
§63.7(d)Performance testing facilitiesYes.
§63.7(e)(1)Conditions for conducting performance testsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee §63.9020(a) for performance testing requirements.
§63.7(f)Use of an alternative test methodYes.
§63.7(g)Performance test data analysis, recordkeeping, and reportingYes.
§63.7(h)Waiver of performance testsYes.
§63.8(a)(1)-(3)Applicability of monitoring requirementsYesAdditional monitoring requirements are found in §63.9005(d) and 63.9035.
63.8(a)(4)Monitoring with flaresNoSubpart NNNNN does not refer directly or indirectly to §63.11.
§63.8(b)Conduct of monitoring and procedures when there are multiple effluents and multiple monitoring systemsYes.
§63.8(c)(1)(i)General duty to minimize emissions and CMS operationNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.8(c)(1)(ii)Continuous monitoring system O&MYesApplies as modified by §63.9005(d).
§63.8(c)(1)(iii)Requirement to develop Startup, Shutdown, and Malfunction Plan for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.8(c)(2)-(3)Continuous monitoring system O&MYesApplies as modified by §63.9005(d)
§63.8(c)(4)Continuous monitoring system requirements during breakdown, out-of-control, repair, maintenance, and high-level calibration driftsYesApplies as modified by §63.9005(d).
§63.8(c)(5)Continuous opacity monitoring system (COMS) minimum proceduresNoSubpart NNNNN does not have opacity or visible emission standards.
§63.8(c)(6)Zero and high level calibration checksYesApplies as modified by §63.9005(d).
§63.8(c)(7)-(8)Out-of-control periods, including reportingYes.
§63.8(d)(1)-(2)Quality control program and CMS performance evaluationYesApplies as modified by §63.9005(d).
§63.8(d)(3)Written procedures for CMSNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee §63.9005(d)(5) for written procedures for CMS.
§63.8(e)Performance evaluation of CMSYesApplies as modified by §63.9005(d).
§63.8(f)(1)-(5)Use of an alternative monitoring methodYes.
§63.8(f)(6)Alternative to relative accuracy testNoOnly applies to sources that use continuous emissions monitoring systems (CEMS).
§63.8(g)Data reductionYesApplies as modified by §63.9005(d).
§63.9(a)Notification requirements—applicabilityYes.
§63.9(b)Initial notificationsYesExcept §63.9045(c) requires new or reconstructed affected sources to submit the application for construction or reconstruction required by §63.9(b)(1)(iii) in lieu of the initial notification.
§63.9(c)Request for compliance extensionYes.
§63.9(d)Notification that a new source is subject to special compliance requirementsYes.
§63.9(e)Notification of performance testYes.
§63.9(f)Notification of visible emissions/opacity testNoSubpart NNNNN does not have opacity or visible emission standards.
§63.9(g)(1)Additional CMS notifications—date of CMS performance evaluationYes.
§63.9(g)(2)Use of COMS dataNoSubpart NNNNN does not require the use of COMS.
§63.9(g)(3)Alternative to relative accuracy testingNoApplies only to sources with CEMS.
§63.9(h)Notification of compliance statusYesExcept the submission date specified in §63.9(h)(2)(ii) is superseded by the date specified in §63.9045(f).
§63.9(i)Adjustment of submittal deadlinesYes.
§63.9(j)Change in previous informationYes.
§63.10(a)Recordkeeping/reporting applicabilityYes.
§63.10(b)(1)General recordkeeping requirementsYes§§63.9055 and 63.9060 specify additional recordkeeping requirements.
§63.10(b)(2)(i)-(ii)Records related to startup, shutdown, and malfunction periodsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee 63.9055 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 RecordsYes
§63.10(b)(2)(iv)Actions taken to minimize emissions during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.10(b)(2)(v)Actions taken to minimize emissions during startup, shutdown, and malfunctionNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafter
§63.10(b)(2)(vi)Recordkeeping for CMS malfunctionsYes
§63.10(b)(2)(vii)-(xi)Records for performance tests and CMSYes
§63.10(b)(2)(xii)Records when under waiverYes.
§63.10(b)(2)(xiii)Records when using alternative to relative accuracy testNoApplies only to sources with CEMS.
§63.10(b)(2)(xiv)All documentation supporting initial notification and notification of compliance statusYes.
§63.10(b)(3)Recordkeeping requirements for applicability determinationsYes.   
§63.10(c)Additional recordkeeping requirements for sources with CMSYesApplies as modified by §63.9005 (d).
§63.10(d)(1)General reporting requirementsYes§63.9050 specifies additional reporting requirements.
§63.10(d)(2)Performance test resultsYes§63.9045(f) specifies submission date.
§63.10(d)(3)Opacity or visible emissions observationsNoSubpart NNNNN does not specify opacity or visible emission standards.
§63.10(d)(4)Progress reports for sources with compliance extensionsYes.
§63.10(d)(5)Startup, shutdown, and malfunction reportsNo, for new or reconstructed sources which commenced construction or reconstruction after February 4, 2019. Yes, for all other affected sources before October 13, 2020, and No thereafterSee §63.9050(c)(5) for malfunction reporting requirements.
§63.10(e)(1)Additional CMS reports—generalYesApplies as modified by §63.9005(d).
§63.10(e)(2)(i)Results of CMS performance evaluationsYesApplies as modified by §63.9005(d).
§63.10(e)(2)Results of COMS performance evaluationsNoSubpart NNNNN does not require the use of COMS.
§63.10(e)(3)Excess emissions/CMS performance reportsYes.
§63.10(e)(4)Continuous opacity monitoring system data reportsNoSubpart NNNNN does not require the use of COMS.
§63.10(f)Recordkeeping/reporting waiverYes.
§63.11Control device requirements—applicabilityNoFacilities subject to subpart NNNNN do not use flares as control devices.
§63.12State authority and delegationsYes§63.9070 lists those sections of subparts NNNNN and A that are not delegated.
§63.13AddressesYes.
§63.14Incorporation by referenceYesSubpart NNNNN does not incorporate any material by reference.
§63.15Availability of information/confidentialityYes.

[68 FR 19090, Apr. 17, 2003, as amended at 71 FR 17748, Apr. 7, 2006; 85 FR 20871, Apr. 15, 2020]

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