---
kind: "section"
citation: "40 C.F.R. § 63.7326"
title: "40"
number: "63.7326"
heading: "How do I demonstrate initial compliance with the emission limitations that apply to me?"
url: "https://uscodex.org/cfr/40/63.7326"
---

# §63.7326. How do I demonstrate initial compliance with the emission limitations that apply to me?

- (a) For each coke oven battery subject to the emission limits from a control device applied to pushing emissions, you have demonstrated initial compliance if you meet the requirements in [paragraphs (a)(1) through (9)](#a-1..a-9) of this section that apply to you.
  - (1) The concentration of particulate matter, measured in accordance with the performance test procedures in § [63.7322(b)(1)](/cfr/40/63.7322.md?p=b-1) and [(2)](/cfr/40/63.7322.md?p=b-2), did not exceed 0.01 gr/dscf for a control device where a cokeside shed is used to capture pushing emissions or the process-weighted mass rate of particulate matter (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(b)(1) through (4)](/cfr/40/63.7322.md?p=b-1..b-4), did not exceed:
    - (i) 0.02 lb/ton of coke if a moveable hood vented to a stationary control device is used to capture emissions;
    - (ii) If a mobile scrubber car that does not capture emissions during travel is used, 0.03 lb/ton of coke from a control device applied to pushing emissions from a short coke oven battery or 0.01 lb/ton of coke from a control device applied to pushing emissions from a tall coke oven battery; and
    - (iii) 0.04 lb/ton of coke if a mobile control device that captures emissions during travel is used.
  - (2) The process-weighted mass rate of mercury (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(c)(1) through (4)](/cfr/40/63.7322.md?p=c-1..c-4), did not exceed 3.4E-07 lb/ton coke for pushing emissions from a new coke oven battery or 8.9E-07 lb/ton coke for pushing emissions from an existing coke oven battery.
  - (3) The process-weighted mass rate of total acid gases, the sum of hydrochloric acid and hydrofluoric acid (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(d)(1) through (4)](/cfr/40/63.7322.md?p=d-1..d-4), did not exceed 5.1E-04 lb/ton coke for pushing emissions from a new coke oven battery or 0.0052 lb/ton coke for pushing emissions from an existing coke oven battery.
  - (4) The process-weighted mass rate of hydrogen cyanide (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(e)(1) through (4)](/cfr/40/63.7322.md?p=e-1..e-4), did not exceed 3.8E-05 lb/ton coke for pushing emissions from a new coke oven battery or 0.0011 lb/ton coke for pushing emissions from an existing coke oven battery.
  - (5) The process-weighted mass rate of total PAH (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(f)(1) through (4)](/cfr/40/63.7322.md?p=f-1..f-4), did not exceed 1.4E-05 lb/ton coke for pushing emissions from a new coke oven battery or 3.4E-04 lb/ton coke for pushing emissions from an existing coke oven battery.
  - (6) For each venturi scrubber applied to pushing emissions, you have established appropriate site-specific operating limits and have a record of the pressure drop and scrubber water flow rate measured during the performance test in accordance with [§ 63.7323(a)](/cfr/40/63.7323.md?p=a).
  - (7) For each hot water scrubber applied to pushing emissions, you have established appropriate site-specific operating limits and have a record of the water pressure and temperature measured during the performance test in accordance with [§ 63.7323(b)](/cfr/40/63.7323.md?p=b).
  - (8) For each capture system applied to pushing emissions, you have established an appropriate site-specific operating limit, and:
    - (i) If you elect the operating limit in [§ 63.7290(f)(3)](/cfr/40/63.7290.md?p=f-3) for volumetric flow rate, you have a record of the total volumetric flow rate at the inlet of the control device measured during the performance test in accordance with [§ 63.7323(c)(1)](/cfr/40/63.7323.md?p=c-1); or
    - (ii) If you elect the operating limit in [§ 63.7290(f)(3)(i)](/cfr/40/63.7290.md?p=f-3-i) for fan motor amperes, you have a record of the fan motor amperes during the performance test in accordance with [§ 63.7323(c)(2)](/cfr/40/63.7323.md?p=c-2); or
    - (iii) If you elect the operating limit in [§ 63.7290(f)(3)(ii)](/cfr/40/63.7290.md?p=f-3-ii) for static pressure or fan RPM, you have a record of the static pressure at the inlet of the control device or fan RPM measured during the performance test in accordance with [§ 63.7323(c)(3)](/cfr/40/63.7323.md?p=c-3).
  - (9) For each multicyclone applied to pushing emissions, you have established an appropriate site-specific operating limit and have a record of the pressure drop measured during the performance test in accordance with [§ 63.7323(d)](/cfr/40/63.7323.md?p=d).
- (b) For each new or existing by-product coke oven battery subject to the emission limits in [§ 63.7296](/cfr/40/63.7296.md), you have demonstrated initial compliance if you meet the requirements in [paragraphs (b)(1) through (5)](#b-1..b-5) of this section.
  - (1) The opacity limit for stacks in [§ 63.7296(a)](/cfr/40/63.7296.md?p=a), you have demonstrated initial compliance if the daily average opacity, as measured according to the performance test procedures in [§ 63.7324(b)](/cfr/40/63.7324.md?p=b), is no more than 15 percent for a battery on a normal coking cycle or 20 percent for a battery on batterywide extended coking.
  - (2) The concentration of particulate matter, measured in accordance with the performance test procedures in § [63.7322(b)(1)](/cfr/40/63.7322.md?p=b-1) and [(2)](/cfr/40/63.7322.md?p=b-2), did not exceed 0.013 gr/dscf at 10 percent oxygen from a battery stack at a new by-product coke oven battery or 0.13 gr/dscf at 10 percent oxygen from a battery stack at an existing by-product coke oven battery.
  - (3) The process-weighted mass rate of mercury (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(c)(1) through (4)](/cfr/40/63.7322.md?p=c-1..c-4), did not exceed 7.1E-06 lb/ton coke from a battery stack at a new by-product coke oven battery or 4.5E-05 lb/ton coke from a battery stack at an existing by-product coke oven battery.
  - (4) The process-weighted mass rate of total acid gases (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(d)(1) through (4)](/cfr/40/63.7322.md?p=d-1..d-4), did not exceed 0.013 lb/ton coke from a battery stack at a new by-product coke oven battery or 0.16 lb/ton coke from a battery stack at an existing by-product coke oven battery.
  - (5) The process-weighted mass rate of hydrogen cyanide (lb/ton of coke), measured in accordance with the performance test procedures in [§ 63.7322(e)(1) through (4)](/cfr/40/63.7322.md?p=e-1..e-4), did not exceed 7.4E-04 lb/ton coke from a battery stack at a new by-product coke oven battery or 0.032 lb/ton coke from a battery stack at an existing by-product coke oven battery.
- (c) For each new or existing by-product coke oven battery subject to the TDS limit or constituent limits for quench water in [§ 63.7295(a)(1)](/cfr/40/63.7295.md?p=a-1),
  - (1) You have demonstrated initial compliance with the TDS limit in [§ 63.7295(a)(1)(i)](/cfr/40/63.7295.md?p=a-1-i) if the TDS concentration, as measured according to the performance test procedures in [§ 63.7325(a)](/cfr/40/63.7325.md?p=a), does not exceed 1,100 mg/L.
  - (2) You have demonstrated initial compliance with the constituent limit in [§ 63.7295(a)(1)(ii)](/cfr/40/63.7295.md?p=a-1-ii) if:
    - (i) You have established a site-specific constituent limit according to the procedures in [§ 63.7325(b)](/cfr/40/63.7325.md?p=b); and
    - (ii) The sum of the constituent concentrations, as measured according to the performance test procedures in [§ 63.7325(c)](/cfr/40/63.7325.md?p=c), is less than or equal to the site-specific limit.
- (d) For each new or existing HNR HRSG main stack subject to the emission limits in [§ 63.7297](/cfr/40/63.7297.md), you have demonstrated initial compliance if you meet the requirements in [paragraphs (d)(1) through (4)](#d-1..d-4) of this section.
  - (1) The concentration of particulate matter, measured in accordance with the performance test procedures in § [63.7322(b)(1)](/cfr/40/63.7322.md?p=b-1) and [(2)](/cfr/40/63.7322.md?p=b-2), did not exceed 8.8E-04 gr/dscf at 10 percent oxygen from a HNR HRSG main stack at a new HNR coke battery or 0.0049 gr/dscf at 10 percent oxygen at a HNR HRSG main stack at an existing HNR coke oven battery.
  - (2) The concentration of mercury, measured in accordance with the performance test procedures in § [63.7322(c)(1)](/cfr/40/63.7322.md?p=c-1) and [(2)](/cfr/40/63.7322.md?p=c-2), did not exceed 1.5E-06 gr/dscf at 10 percent oxygen from a HNR HRSG main stack at a new HNR coke battery or 3.0E-06 gr/dscf at 10 percent oxygen at a HNR HRSG main stack at an existing HNR HRSG.
  - (3) The concentration of total acid gases, measured in accordance with the performance test procedures in § [63.7322(d)(1)](/cfr/40/63.7322.md?p=d-1) and [(2)](/cfr/40/63.7322.md?p=d-2), did not exceed 3.4E-03 gr/dscf at 10 percent oxygen from a HNR HRSG main stack at a new coke oven battery or 4.9E-02 gr/dscf at 10 percent oxygen at a HNR HRSG main stack at an existing HNR coke oven battery.
  - (4) The concentration of total PAHs, measured in accordance with the performance test procedures in § [63.7322(f)(1)](/cfr/40/63.7322.md?p=f-1) and [(2)](/cfr/40/63.7322.md?p=f-2), did not exceed 4.7E-07 gr/dscf at 10 percent oxygen from a HNR HRSG main stack at a new coke oven battery or 4.8E-07 gr/dscf at 10 percent oxygen at a HNR HRSG main stack at an existing HNR coke oven battery.
- (e) For each HNR HRSG bypass/waste heat stack through which emissions are discharged from a new or existing coke oven battery subject to the emission limits in [§ 63.7298](/cfr/40/63.7298.md), you have demonstrated initial compliance if you meet the requirements in [paragraphs (e)(1) through (5)](#e-1..e-5) of this section.
  - (1) The concentration of particulate matter, measured in accordance with the performance test procedures in § [63.7322(b)(1)](/cfr/40/63.7322.md?p=b-1) and [(2)](/cfr/40/63.7322.md?p=b-2), did not exceed 0.022 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at a new HNR coke oven battery or 0.032 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at an existing HNR coke oven battery.
  - (2) The concentration of mercury, measured in accordance with the performance test procedures in § [63.7322(c)(1)](/cfr/40/63.7322.md?p=c-1) and [(2)](/cfr/40/63.7322.md?p=c-2), did not exceed 8.6E-06 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at a new HNR coke oven battery or 1.2E-05 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at an existing HNR coke battery.
  - (3) The concentration of total acid gases, measured in accordance with the performance test procedures in § [63.7322(d)(1)](/cfr/40/63.7322.md?p=d-1) and [(2)](/cfr/40/63.7322.md?p=d-2), did not exceed 0.12 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at a new HNR coke oven battery or 0.095 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at an existing HNR coke oven battery.
  - (4) The concentration of total PAHs, measured in accordance with the performance test procedures in § [63.7322(f)(1)](/cfr/40/63.7322.md?p=f-1) and [(2)](/cfr/40/63.7322.md?p=f-2), did not exceed 2.7E-06 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at a new coke oven battery or existing HNR coke oven battery.
  - (5) The concentration of formaldehyde, measured in accordance with the performance test procedures in § [63.7322(g)(1)](/cfr/40/63.7322.md?p=g-1) and [(2)](/cfr/40/63.7322.md?p=g-2), did not exceed 1.8E-05 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at a new HNR coke oven battery or 0.0012 gr/dscf at 10 percent oxygen from a HNR HRSG bypass/waste heat stack at an existing HNR coke oven battery.
- (f) For each by-product coke oven battery stack subject to an opacity limit in [§ 63.7296(a)](/cfr/40/63.7296.md?p=a) and each by-product coke oven battery subject to the requirements for quench water in [§ 63.7295(a)(1)](/cfr/40/63.7295.md?p=a-1), you must submit a notification of compliance status containing the results of the COMS performance test for battery stacks and the quench water performance test (TDS or constituent limit) according to [§ 63.7340(e)(1)](/cfr/40/63.7340.md?p=e-1). For each particulate matter, mercury, total acid gases, hydrogen cyanide, total PAHs, or formaldehyde emission limitation that applies to you, you must submit a notification of compliance status containing a summary of the results of the performance test according to [§ 63.7340(e)(2)](/cfr/40/63.7340.md?p=e-2).

## Notes

### Amendments

[89 FR 55749, July 5, 2024]

### Source

Source: 68 FR 18025, Apr. 14, 2003, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

### Amendments

[89 FR 55749, July 5, 2024]