---
kind: "section"
citation: "40 C.F.R. § 63.7906"
title: "40"
number: "63.7906"
heading: "How do I demonstrate initial compliance with the emissions limitations or work practice standards for surface impoundments?"
url: "https://uscodex.org/cfr/40/63.7906"
---

# §63.7906. How do I demonstrate initial compliance with the emissions limitations or work practice standards for surface impoundments?

- (a) You must demonstrate initial compliance with the emissions limitations and work practice standards in [§ 63.7905](/cfr/40/63.7905.md) that apply to your affected surface impoundments by meeting the requirements in paragraphs [(b)](#b) and [(c)](#c) of this section, as applicable to your surface impoundments.
- (b) You must demonstrate initial compliance of each surface impoundment using a floating membrane cover according to [§ 63.7905(b)(1)](/cfr/40/63.7905.md?p=b-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 (b)(1) through (3)](#b-1..b-3) of this section.
  - (1) You have installed a floating membrane cover and closure devices that meet the requirements in [§ 63.942(b)](/cfr/40/63.942.md?p=b), and you have records documenting the design and installation.
  - (2) You will operate the cover and closure devices according to the requirements in [§ 63.942(c)](/cfr/40/63.942.md?p=c), with the exceptions specified in [§ 63.7905(b)(1)](/cfr/40/63.7905.md?p=b-1).
  - (3) You have performed an initial visual inspection of each surface impoundment and closure devices according to the requirements in [§ 63.946(a)](/cfr/40/63.946.md?p=a), and you have records documenting the inspection results.
- (c) You must demonstrate initial compliance of each surface impoundment using a cover vented to a control device according to [§ 63.7905(b)(2)](/cfr/40/63.7905.md?p=b-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 (c)(1) through (4)](#c-1..c-4) of this section.
  - (1) You have installed a cover and closure devices that meet the requirements in [§ 63.943(b)](/cfr/40/63.943.md?p=b), and have records documenting the design and installation.
  - (2) You will operate the cover and closure devices according to the requirements in [§ 63.943(c)](/cfr/40/63.943.md?p=c), with the exceptions specified in [§ 63.7905(b)(2)](/cfr/40/63.7905.md?p=b-2).
  - (3) You have performed an initial visual inspection of each cover and closure devices according to the requirements in [§ 63.946(b)](/cfr/40/63.946.md?p=b), and have records documenting the inspection results.
  - (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).

## Notes

### Amendments

[68 FR 58190, Oct. 8, 2003, as amended at 85 FR 41704, 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 85 FR 41704, July 10, 2020]