Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.3163 How do I demonstrate continuous compliance with the

(a) To demonstrate continuous compliance with the applicable emission limit in Sec. 63.3090(a) or Sec. 63.3091(a), the organic HAP emission rate for each compliance period, determined according to the procedures in Sec. 63.3161, must be equal to or less than the applicable emission limit in Sec. 63.3090(a) or Sec. 63.3091(a). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in Sec. 63.3160 is a compliance period consisting of that month. You must perform the calculations in Sec. 63.3161 on a monthly basis.

(b) If the organic HAP emission rate for any 1 month compliance period exceeded the applicable emission limit in Sec. 63.3090(a) or Sec. 63.3091(a), this is a deviation from the emission limitation for that compliance period and must be reported as specified in Sec. Sec. 63.3110(c)(6) and 63.3120(a)(6).

(c) You must demonstrate continuous compliance with each operating limit required by Sec. 63.3093 that applies to you, as specified in Table 1 to this subpart.

(1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in Sec. Sec. 63.3110(c)(6) and 63.3120(a)(6).

(2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation except as provided in Sec. 63.3161(p).

(d) You must meet the requirements for bypass lines in Sec. 63.3168(b) for control devices other than solvent recovery systems for which you conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in Sec. 63.3110(c)(6) and 63.3120(a)(6). For the purposes of completing the compliance calculations specified in Sec. 63.3161(k), you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation.

(e) You must demonstrate continuous compliance with the work practice standards in Sec. 63.3094. If you did not develop a work practice plan, if you did not implement the plan, or if you did not keep the records required by Sec. 63.3130(n), this is a deviation from the work practice standards that must be reported as specified in Sec. Sec. 63.3110(c)(6) and 63.3120(a)(6).

(f) If there were no deviations from the emission limitations, submit a statement as part of the semiannual compliance report that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in Sec. 63.3090(a) or Sec. 63.3091(a), and you achieved the operating limits required by Sec. 63.3093 and the work practice standards required by Sec. 63.3094 during each compliance period.

(g) [Reserved]

(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with Sec. 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a startup, shutdown, or malfunction are violations according to the provisions in Sec. 63.6(e).

(i) [Reserved]

(j) You must maintain records as specified in Sec. Sec. 63.3130 and 63.3131. [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006]