§63.4940. By what date must I conduct the initial compliance demonstration? — Inbound Citations
40 C.F.R. § 63.4940
Statutory Authority
Cited by 5 regulations in release Current.
Citations to 40 U.S.C. § 63.4940 as a whole
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The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4940, 63.4950, and 63.4960.
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(a) Demonstrate that the organic HAP content of each coating used in the coating operation or group of coating operations is less than or equal to the applicable emission rate limit in § 63.4890 and that each thinner and each cleaning material used contains no organic HAP. You must meet all the requirements of §§ 63.4940, 63.4941, and 63.4942 to demonstrate compliance with the emission limit using this option.
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(c) You must submit the Notification of Compliance Status required by § 63.9(h) no later than 30 calendar days following the end of the initial compliance period described in § 63.4940, § 63.4950, or § 63.4960 that applies to your affected source. The Notification of Compliance Status must contain the information specified in paragraphs (c)(1) through (9) of this section and the applicable information specified in § 63.9(h).(2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the report. Such certifications must also comply with the requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d).(3) The reporting period is the initial compliance period described in § 63.4940, § 63.4950, or § 63.4960 that applies to your affected source.(4) Identification of the compliance option or options specified in § 63.4891 that you used on each coating operation in the affected source during the initial compliance period and that you will use for demonstrating continuous compliance.(5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period.(6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section.(ii) If you failed to meet the applicable emission limit in § 63.4890, include all the calculations you used to determine compliance. You do not need to submit information provided by material suppliers or manufacturers or test reports.(7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material or a summary of the results of testing conducted according to § 63.4941(a), (b), or (c). You do not need to submit copies of any test reports.(iii) Density for one coating, one thinner, and one cleaning material, except that if you use the compliant material option, only the example coating density is required.(iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4951.(8) The calculation of the organic HAP emission rate for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section.(i) For the compliant materials option, provide an example calculation of the organic HAP content for one coating, using Equation 2 of § 63.4941.(ii) For the emission rate without add-on controls option, provide the information specified in paragraphs (c)(8)(ii)(A) through (C) of this section.(A) The calculation of the total mass of organic HAP emissions during the initial compliance period, using Equation 1 of § 63.4951.(B) The calculation of the total volume of coating solids used during the initial compliance period, using Equation 2 of § 63.4951.(C) The calculation of the organic HAP emission rate for the initial compliance period, using Equation 3 of § 63.4951.(iii) For the emission rate with add-on controls option, provide the information specified in paragraphs (c)(8)(iii)(A) through (D) of this section.(A) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during the initial compliance period, using Equation 1 of § 63.4951.(B) The calculation of the total volume of coating solids used during the initial compliance period, using Equation 2 of § 63.4951.(C) The calculation of the mass of organic HAP emission reduction during the initial compliance period by emission capture systems and add-on control devices, using Equation 1 of § 63.4961, and the calculation of the mass of organic HAP emission reduction for the coating operations controlled by solvent recovery systems during each compliance period, using Equation 3 of § 63.4961 as applicable.(D) The calculation of the organic HAP emission rate for the initial compliance period, using Equation 4 of § 63.4961.(9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (c)(9)(i) through (v) of this section. However, the requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4961(j).(i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports.(ii) You do not need to submit complete test reports.(iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits.(iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4893.(v) Before September 12, 2019, a statement of whether or not you developed and implemented the startup, shutdown, and malfunction plan required by § 63.4900. This statement is not required on and after September 12, 2019.
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(i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4940, § 63.4950, or § 63.4960 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period.
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(a) Following the initial compliance period, you must complete a compliance demonstration according to the requirements in § 63.4941(e) for each subsequent compliance period. Each month following the initial compliance period described in § 63.4940 is a compliance period.