--- kind: "section" citation: "40 C.F.R. § 63.7896" title: "40" number: "63.7896" heading: "How do I demonstrate initial compliance with the emissions limitations and work practice standards for tanks?" url: "https://uscodex.org/cfr/40/63.7896" --- # §63.7896. How do I demonstrate initial compliance with the emissions limitations and work practice standards for tanks? - (a) You must demonstrate initial compliance with the emissions limitations and work practice standards in [§ 63.7895](/cfr/40/63.7895.md) that apply to your affected tanks by meeting the requirements in [paragraphs (b) through (h)](#b..h) of this section, as applicable to your containers. - (b) You have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(b)(1)](#b-1) and [(2)](#b-2) of this section. - (1) You have determined the applicable tank control levels specified in [§ 63.7895(b)](/cfr/40/63.7895.md?p=b) for the tanks to be used for your site remediation. - (2) You have determined, according to the procedures in [§ 63.7944](/cfr/40/63.7944.md), and recorded the maximum HAP vapor pressure of the remediation material placed in each affected tank subject to [§ 63.7886(b)(1)(i)](/cfr/40/63.7886.md?p=b-1-i) that does not use Tank Level 2 controls. - (c) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 1 controls if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in [paragraphs (c)(1) through (3)](#c-1..c-3) of this section. - (1) Each tank using Tank Level 1 controls is equipped with a fixed roof and closure devices according to the requirements in § [63.902(b)](/cfr/40/63.902.md?p=b) and [(c)](/cfr/40/63.902.md?p=c), with the exceptions specified in § [63.7895(c)(1)](/cfr/40/63.7895.md?p=c-1) and [(2)](/cfr/40/63.7895.md?p=c-2), and you have records documenting the design. - (2) You have performed an initial visual inspection of the fixed roof and closure devices for defects according to the requirements in [§ 63.906(a)](/cfr/40/63.906.md?p=a) and you have records documenting the inspection results. - (3) You will operate the fixed roof and closure devices according to the requirements in [§ 63.902](/cfr/40/63.902.md), with the exceptions specified in § [63.7895(c)(1)](/cfr/40/63.7895.md?p=c-1) and [(2)](/cfr/40/63.7895.md?p=c-2). - (d) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 2 controls and using a fixed roof with an internal floating roof according to [§ 63.7895(d)(1)](/cfr/40/63.7895.md?p=d-1) if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in [paragraphs (d)(1) through (3)](#d-1..d-3) of this section. - (1) Each tank is equipped with an internal floating roof that meets the requirements in [§ 63.1063(a)](/cfr/40/63.1063.md?p=a) and you have records documenting the design. - (2) You will operate the internal floating roof according to the requirements in [§ 63.1063(b)](/cfr/40/63.1063.md?p=b). - (3) You have performed an initial visual inspection according to the requirements in [§ 63.1063(d)(1)](/cfr/40/63.1063.md?p=d-1) and you have a record of the inspection results. - (e) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 2 controls and using an external floating roof according to [§ 63.7895(d)(2)](/cfr/40/63.7895.md?p=d-2) if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in [paragraphs (e)(1) through (3)](#e-1..e-3) of this section. - (1) Each tank is equipped with an external floating roof that meets the requirements in [§ 63.1063(a)](/cfr/40/63.1063.md?p=a) and you have records documenting the design. - (2) You will operate the external floating roof according to the requirements in [§ 63.1063(b)](/cfr/40/63.1063.md?p=b). - (3) You have performed an initial seal gap measurement inspection according to the requirements in [§ 63.1063(d)(3)](/cfr/40/63.1063.md?p=d-3) and you have records of the measurement results. - (f) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 2 controls and using a fixed roof vented to a control device according to [§ 63.7895(d)(3)](/cfr/40/63.7895.md?p=d-3) if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in [paragraphs (f)(1) through (4)](#f-1..f-4) of this section. - (1) Each tank is equipped with a fixed roof and closure devices according to the requirements in [§ 63.685(g)](/cfr/40/63.685.md?p=g), with the exceptions specified in § [63.7895(c)(1)](/cfr/40/63.7895.md?p=c-1) and [(2)](/cfr/40/63.7895.md?p=c-2), and you have records documenting the design. - (2) You have performed an initial visual inspection of fixed roof and closure devices for defects according to the requirements in [§ 63.695(b)(3)](/cfr/40/63.695.md?p=b-3) and you have records documenting the inspection results. - (3) You will operate the fixed roof and closure devices according to the requirements in [§ 63.685(g)](/cfr/40/63.685.md?p=g). - (4) You have met each applicable requirement for demonstrating initial compliance with the emission limitations and work practice standards for a closed vent system and control device in [§ 63.7926](/cfr/40/63.7926.md). - (g) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 2 controls and operates as a pressure tank according to [§ 63.7895(d)(4)](/cfr/40/63.7895.md?p=d-4) if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(g)(1)](#g-1) and [(2)](#g-2) of this section. - (1) Each tank is designed to operate as a pressure tank according to the requirements in [§ 63.685(h)](/cfr/40/63.685.md?p=h), and you have records documenting the design. - (2) You will operate the pressure tank and according to the requirements in [§ 63.685(h)](/cfr/40/63.685.md?p=h). - (h) You must demonstrate initial compliance of each tank determined under [paragraph (b)](#b) of this section to require Tank Level 2 controls and using a permanent total enclosure vented to an enclosed combustion device according to [§ 63.7895(d)(5)](/cfr/40/63.7895.md?p=d-5) if you have submitted as part of your notification of compliance status, specified in [§ 63.7950](/cfr/40/63.7950.md), a signed statement that you have met the requirements in paragraphs [(h)(1)](#h-1) and [(2)](#h-2) of this section. - (1) You have submitted as part of your notification of compliance status a signed statement that you have performed the verification procedure according to the requirements in [§ 63.685(i)](/cfr/40/63.685.md?p=i), and you have records of the supporting calculations and measurements. - (2) You have met each applicable requirement for demonstrating initial compliance with the emission limitations and work practice standards for a closed vent system and control device in [§ 63.7926](/cfr/40/63.7926.md). ## Notes ### Amendments [68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006; 85 FR 41703, July 10, 2020] ### Source Source: 68 FR 58190, Oct. 8, 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 [68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69017, Nov. 29, 2006; 85 FR 41703, July 10, 2020]