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e-CFR data is current as of August 5, 2020

Title 40Chapter ISubchapter CPart 63Subpart IIII → §63.3163


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES (CONTINUED)
Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks


§63.3163   How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations?

(a) To demonstrate continuous compliance with the applicable emission limit in §63.3090(a) or §63.3091(a), the organic HAP emission rate for each compliance period, determined according to the procedures in §63.3161, must be equal to or less than the applicable emission limit in §63.3090(a) or §63.3091(a). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in §63.3160 is a compliance period consisting of that month. You must perform the calculations in §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 §63.3090(a) or §63.3091(a), this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§63.3110(c)(6) and 63.3120(a)(6).

(c) You must demonstrate continuous compliance with each operating limit required by §63.3093 that applies to you, as specified in table 1 to this subpart, and you must conduct performance tests as specified in paragraph (c)(3) of this section.

(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 §§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 §63.3161(p).

(3) Except for solvent recovery systems for which you conduct liquid-liquid material balances according to §63.3161(k) for controlled coating operations, you must conduct periodic performance tests of add-on controls and establish the operating limits required by §63.3093 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2022. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at §63.3167(b) and following the catalyst maintenance procedures in §63.3167(b)(6), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. The requirements of this paragraph do not apply to measuring emission capture system efficiency.

(d) You must meet the requirements for bypass lines in §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 §§63.3110(c)(6) and 63.3120(a)(6). For the purposes of completing the compliance calculations specified in §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 §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 §63.3130(n), this is a deviation from the work practice standards that must be reported as specified in §§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 §63.3090(a) or §63.3091(a), §63.3090(b) or §63.3091(b), or §63.3092(a) or §63.3092(b), you achieved the operating limits required by §63.3093, and you achieved the work practice standards required by §63.3094 during each compliance period.

(g) [Reserved]

(h) Before January 5, 2021, consistent with §§63.6(e) and 63.7(e)(1), deviations that occur during a period of SSM 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 §63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a SSM are violations according to the provisions in §63.6(e). On and after January 5, 2021, the provisions of this paragraph no longer apply.

(i) [Reserved]

(j) You must maintain records as specified in §§63.3130 and 63.3131.

[69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 41130, July 8, 2020]

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