--- kind: "section" citation: "40 C.F.R. § 63.7898" title: "40" number: "63.7898" heading: "How do I demonstrate continuous compliance with the emissions limitations and work practice standards for tanks?" url: "https://uscodex.org/cfr/40/63.7898" --- # §63.7898. How do I demonstrate continuous compliance with the emissions limitations and work practice standards for tanks? - (a) You must demonstrate continuous compliance with the emissions limitations and work practice standards in [§ 63.7895](/cfr/40/63.7895.md) applicable to your affected tanks by meeting the requirements in [paragraphs (b) through (d)](#b..d) of this section. - (b) You must demonstrate continuous compliance with the requirement to determine the applicable tank control level specified in [§ 63.7895(b)](/cfr/40/63.7895.md?p=b) for each affected tank by meeting the requirements in [paragraphs (b)(1) through (3)](#b-1..b-3) of this section. - (1) Keeping records of the tank design capacity according to the requirements in [§ 63.1065(a)](/cfr/40/63.1065.md?p=a). - (2) For tanks subject to [§ 63.7886(b)(1)(ii)](/cfr/40/63.7886.md?p=b-1-ii) and not using Tank Level 2 controls, meeting the requirements in paragraphs [(b)(2)(i)](#b-2-i) and [(ii)](#b-2-ii) of this section. - (i) Keeping records of the maximum HAP vapor pressure determined according to the procedures in [§ 63.7944](/cfr/40/63.7944.md) for the remediation material placed in each affected tank. - (ii) Performing a new determination of the maximum HAP vapor pressure whenever changes to the remediation material managed in the tank could potentially cause the maximum HAP vapor pressure to increase to a level that is equal to or greater than the maximum HAP vapor pressure for the tank design capacity specified in Table 2. You must keep records of each determination. - (3) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (c) You must demonstrate continuous compliance for each tank determined to require Tank Level 1 controls by meeting the requirements in [paragraphs (c)(1) through (5)](#c-1..c-5) of this section. - (1) Operating and maintaining the fixed roof and closure devices according to the requirements in [§ 63.902(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). - (2) Visually inspecting the fixed roof and closure devices for defects at least annually according to the requirements in [§ 63.906(a)](/cfr/40/63.906.md?p=a). - (3) Repairing defects according to the requirements in [§ 63.63.906(b)](/cfr/40/63.63.906.md?p=b). - (4) Recording the information specified in § [63.907(a)(3)](/cfr/40/63.907.md?p=a-3) and [(b)](/cfr/40/63.907.md?p=a-b). - (5) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (d) You must demonstrate continuous compliance for each tank determined 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) by meeting the requirements in [paragraphs (d)(1) through (5)](#d-1..d-5) of this section. - (1) Operating and maintaining the internal floating roof according to the requirements in [§ 63.1063(b)](/cfr/40/63.1063.md?p=b). - (2) Visually inspecting the internal floating roof according to the requirements in § [63.1063(d)(1)](/cfr/40/63.1063.md?p=d-1) and [(2)](/cfr/40/63.1063.md?p=d-2). - (3) Repairing defects according to the requirements in [§ 63.1063(e)](/cfr/40/63.1063.md?p=e). - (4) Recording the information specified in [§ 63.1065(b) through (d)](/cfr/40/63.1065.md?p=b..d). - (5) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (e) You must demonstrate continuous compliance for each tank determined 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) by meeting the requirements in [paragraphs (e)(1) through (5)](#e-1..e-5) of this section. - (1) Operating and maintaining the external floating roof according to the requirements in [§ 63.1063(b)](/cfr/40/63.1063.md?p=b). - (2) Visually inspecting the external floating roof according to the requirements in [§ 63.1063(d)(1)](/cfr/40/63.1063.md?p=d-1) and inspecting the seals according to the requirements in § [63.1063(d)(2)](/cfr/40/63.1063.md?p=d-2) and [(3)](/cfr/40/63.1063.md?p=d-3). - (3) Repairing defects according to the requirements in [§ 63.1063(e)](/cfr/40/63.1063.md?p=e). - (4) Recording the information specified in [§ 63.1065(b) through (d)](/cfr/40/63.1065.md?p=b..d). - (5) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (f) You must demonstrate continuous compliance for each tank determined 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) by meeting the requirements in [paragraphs (f)(1) through (6)](#f-1..f-6) of this section. - (1) Operating and maintaining the fixed roof and closure devices according to the requirements in [§ 63.685(g)](/cfr/40/63.685.md?p=g). - (2) Visually inspecting the fixed roof and closure devices for defects at least annually according to the requirements in [§ 63.695(b)(3)(i)](/cfr/40/63.695.md?p=b-3-i). - (3) Repairing defects according to the requirements in [§ 63.695(b)(4)](/cfr/40/63.695.md?p=b-4). - (4) Recording the information specified in [§ 63.696(e)](/cfr/40/63.696.md?p=e). - (5) Meeting each applicable requirement for demonstrating continuous compliance with the emission limitations and work practice standards for a closed vent system and control device in [§ 63.7928](/cfr/40/63.7928.md). - (6) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (g) You must demonstrate continuous compliance for each tank determined to require Tank Level 2 controls and operated as a pressure tank according to [§ 63.7895(d)(4)](/cfr/40/63.7895.md?p=d-4) by meeting the requirements in [paragraphs (g)(1) through (3)](#g-1..g-3) of this section. - (1) Operating and maintaining the pressure tank and closure devices according to the requirements in [§ 63.685(h)](/cfr/40/63.685.md?p=h). - (2) Visually inspecting each pressurized tank and closure devices for defects at least annually to ensure they are operating according to the design requirements in [§ 63.685(h)](/cfr/40/63.685.md?p=h), and recording the results of each inspection. - (3) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.md). - (h) You must demonstrate continuous compliance for each tank determined 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) by meeting the requirements in [paragraphs (h)(1) through (4)](#h-1..h-4) of this section. - (1) Performing the verification procedure for the enclosure annually according to the requirements in [§ 63.685(i)](/cfr/40/63.685.md?p=i). - (2) Recording the information specified in [§ 63.696(f)](/cfr/40/63.696.md?p=f). - (3) Meeting each applicable requirement for demonstrating continuous compliance with the emissions limitations and work practice standards for a closed vent system and control device in [§ 63.7928](/cfr/40/63.7928.md). - (4) Keeping records to document compliance with the requirements of this subpart according to the requirements in [§ 63.7952](/cfr/40/63.7952.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]