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Title 40

Displaying title 40, up to date as of 6/16/2026. Title 40 was last amended 6/15/2026.
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Table 1 to Subpart NN of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart NN

General provisions
citation
Requirement Applies to subpart NN Explanation
§ 63.1(a)(1)-(5) Applicability Yes
§ 63.1(a)(6) Yes
§ 63.1(a)(7)-(9) No [Reserved].
§ 63.1(a)(10)-(12) Yes
§ 63.1(b)(1) Initial Applicability Determination Yes
§ 63.1(b)(2) No [Reserved].
§ 63.1(b)(3) Yes
§ 63.1(c)(1)-(2) Yes
§ 63.1(c)(3)-(4) No [Reserved].
§ 63.1(c)(5)-(e) Yes
§ 63.2 Definitions Yes Additional definitions in § 63.881.
§ 63.3 Units and Abbreviations Yes
§ 63.4(a)(1)-(2) Prohibited Activities Yes
§ 63.4(a)(3)-(5) No [Reserved].
§ 63.4(b)-(c) Yes
§ 63.5(a)-(b)(2) Construction/Reconstruction Applicability Yes
§ 63.5(b)(3)-(4) Yes
§ 63.5(b)(5) No [Reserved].
§ 63.5(b)(6) Yes
§ 63.5(c) No [Reserved].
§ 63.5(d) Application for Approval of Construction/Reconstruction Yes
§ 63.5(e) Approval of Construction/Reconstruction Yes
§ 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes
§ 63.6(a)-(d) Compliance with Standards and Maintenance Requirements Yes
§ 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.882 for general duty requirements.
§ 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No
§ 63.6(e)(1)(iii) Yes
§ 63.6(e)(2) No [Reserved].
§ 63.6(e)(3) Startup, Shutdown, and Malfunction (SSM) Plan No Startups and shutdowns addressed in § 63.888.
§ 63.6(f)(1) SSM Exemption No
§ 63.6(f)(2)-(3) Methods for Determining Compliance Yes
§ 63.6(g) Use of an Alternative Nonopacity Emission Yes
§ 63.6(h)(1) SSM Exemption No
§ 63.6(h)(2)-(j) Yes
§ 63.7(a)-(d) Yes § 63.884 has specific requirements.
§ 63.7(e)(1) Performance Testing No See § 63.882.
§ 63.7(e)(2)-(4) Yes
§ 63.7(f) Alternative Test Method Yes
§ 63.7(g)(1) Data Analysis Yes
§ 63.7(g)(2) No [Reserved].
§ 63.7(g)(3) Yes
§ 63.7(h) Waiver of Performance Test Yes
§ 63.8(a)-(b) Monitoring Requirements Yes
§ 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.882(b) for general duty requirement.
§ 63.8(c)(1)(ii) Yes
§ 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No
§ 63.8(c)(2)-(d)(2) Yes
§ 63.8(d)(3) Written Procedures for CMS Yes, except for last sentence, which refers to SSM plan. SSM plans are not required
§ 63.8(e)-(g) Yes
§ 63.9(a) Notification Requirements Yes
§ 63.9(b)(1)-(2) Initial Notifications Yes
§ 63.9(b)(3) No [Reserved].
§ 63.9(b)(4)-(5) Yes
§ 63.9(c)-(j) Yes
§ 63.10(a) Recordkeeping and Reporting-Requirements Yes
§ 63.10(b)(1) General Recordkeeping Requirements Yes
§ 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No
§ 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.886 for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction.
§ 63.10(b)(2)(iii) Maintenance Records Yes
§ 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM No
§ 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes
§ 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes
§ 63.10(b)(3) Recordkeeping Requirement for Applicability Determinations Yes
§ 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes
§ 63.10(c)(7)-(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes
§ 63.10(c)(9) No [Reserved].
§ 63.10(c)(10)-(11) No See § 63.886 for recordkeeping of malfunctions.
§ 63.10(c)(12)-(14) Yes
§ 63.10(c)(15) Use of SSM Plan No
§ 63.10(d)(1)-(4) General Reporting Requirements Yes
§ 63.10(d)(5) SSM Reports No See § 63.886(c)(2) for reporting of malfunctions.
§ 63.10(e)-(f) Additional CMS Reports Excess Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Yes
§ 63.11(a)-(b) Control Device Requirements Applicability Flares No Flares will not be used to comply with the emissions limits.
§ 63.11(c) Alternative Work Practice for Monitoring Equipment for Leaks Yes
§ 63.11(d) Alternative Work Practice Standard Yes
§ 63.11(e) Alternative Work Practice Requirements Yes
§ 63.12 State Authority and Delegations Yes
§ 63.13 Addresses Yes
§ 63.14 Incorporation by Reference Yes
§ 63.15 Information Availability/Confidentiality Yes
§ 63.16 Performance Track Provisions Yes