Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.7746 What other requirements must I meet to demonstrate continuous compliance?

(a) Deviations. You must report each instance in which you did not meet each emissions limitation in Sec. 63.7690 (including each operating limit) that applies to you. This requirement includes periods of startup, shutdown, and malfunction. You also must report each instance in which you did not meet each work practice standard in Sec. 63.7700 and each operation and maintenance requirement of Sec. 63.7710 that applies to you. These instances are deviations from the emissions limitations, work practice standards, and operation and maintenance requirements in this subpart. These deviations must be reported according to the requirements of Sec. 63.7751.

(b) Startups, shutdowns, and malfunctions. (1) Consistent with the requirements of Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with Sec. 63.6(e)(1).

(1) Consistent with the requirements of Sec. Sec. 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with Sec. 63.6(e)(1).

(2) The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations according to the provisions in Sec. 63.6(e). [69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]