General Provisions: Overview
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The General
Provisions for Part 63 National Emission Standards for Hazardous
Air Pollutants (NESHAP) (40 CFR 63) were
originally published on March 16, 1994.
The intent of the General Provisions was to put into
one subpart (Subpart A) many of the requirements
common to all Part 63 standards. The General Provisions have
been amended several times since then.
Some individual Part 63 standards may have requirements
that differ from General Provisions Subpart A. In such cases, the
requirements within the specific standard should be followed.
A table in the back of each standard will indicate which
General Provisions sections apply and which do not, as illustrated below.
Table 8 to Subpart VVVV of Part 63 – Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart VVVV (Boat Manufacturing)
As specified in §63.5773, you must comply with the applicable requirements of the General Provisions according to the following table: |
Citation |
Requirement |
Applies to Subpart VVVV |
Explanation |
§63.1(a) |
General Applicability |
Yes |
|
§63.1(b) |
Initial Applicability Determination |
Yes |
|
§63.1(c)(1) |
Applicability After Standard Established |
Yes |
|
§63.1(c)(2) |
|
Yes |
Area sources are not regulated by Subpart VVVV |
§63.1(c)(3) |
|
No |
[Reserved] |
The General Provisions apply to a source if it is regulated by any standard or other requirement that falls under a source category listed undersection
112(c) [List of Source Categories] of
the Clean Air Act. Also the source would be subject to any
of the following:
- Part 63 National Emission Standards for Hazardous
Air Pollutants NESHAP) also referred
to as MACT standard;
- Residual risk standards;
- NESHAP work practice standards; and
- Equivalent emission limitations by permit
MACT determinations.
If the source is existing, new or “reconstructed” but
has the potential
to emit [PDF] hazardous
air pollutants (HAP) at a rate of at least 10 tons
per year of a single pollutant or at least 25 tons per year
of a combination of pollutants, they are considered a major
sources and must comply with the General Provisions. Also
smaller sources, known as area
sources, may come under the same requirements.
The Clean Air Act as amended in 1990
requires owners or operators of major sources to apply for a
Title V permit. The
Title V permit that is issued must require the owner or operator
to meet a maximum achievable control technology (MACT) emission
limitation for all hazardous air pollutant (HAP) emissions within
the source category.
The term "control technology" means measures, processes, methods, systems or techniques that are used to limit the emissions of hazardous air pollutants. A control technology may encompass any combination of the following:
- Reduction in quantity or elimination of emissions through process changes, substitution of materials or other modifications;
- Enclosure of systems or processes to eliminate emissions;
- Collection, capture or treatment of pollutants released from a process, stack, storage or fugitive emission point;
- Implementation of design, equipment, work practice or operational standards (including requirements for operator training or certification).
Subpart
B has requirements for control technology determinations
for major sources.
What types of requirements are in the
General Provisions Subpart A?
The General Provisions Subpart A include requirements for both new
and existing sources. The requirements provide procedures and criteria for implementing all section 112 standards and are grouped into 16 sections:
- Applicability
- Definitions
- Units and Abbreviations
- Prohibited Activities and Circumvention
- Preconstruction Review and Notification Requirements
- Compliance With Standards and Maintenance Requirements
- Performance Testing Requirements
- Monitoring Requirements
- Notification Requirements
- Recordkeeping and Reporting Requirements
- Control Device Requirements (Flares)
- State Authority and Delegations
- Addresses of State Air Pollution Control Agencies and
EPA Regional Offices
- Incorporations by Reference
- Availability of Information and Confidentiality
- Performance Track Provisions
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