--- kind: "section" citation: "40 C.F.R. § 63.7938" title: "40" number: "63.7938" heading: "How do I demonstrate continuous compliance with the general standards?" url: "https://uscodex.org/cfr/40/63.7938" --- # §63.7938. How do I demonstrate continuous compliance with the general standards? - (a) You must demonstrate continuous compliance with the general standards in [§§ 63.7884 through 63.7887](/cfr/40/63.7884..63.7887.md) that apply to your affected sources by meeting the requirements in [paragraphs (b) through (d)](#b..d) of this section, as applicable to you. - (b) You have demonstrated continuous compliance with the general standards in [§ 63.7885](/cfr/40/63.7885.md) that apply to your affected process vents by meeting the requirements in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section, as applicable to your process vents. - (1) If HAP emissions are controlled from the affected process vents according to the emission limitations and work practice standards specified in [§ 63.7885(b)(1)](/cfr/40/63.7885.md?p=b-1), you must demonstrate continuous compliance by meeting the requirements in [§ 63.7893](/cfr/40/63.7893.md). - (2) If the remediation material treated or managed by the process vented through the affected process vents has an average total VOHAP less than 10 ppmw according to [§ 63.7885(c)(1)](/cfr/40/63.7885.md?p=c-1), you must demonstrate continuous compliance by performing a new determination and preparing new documentation as required in [§ 63.7885(c)(2)](/cfr/40/63.7885.md?p=c-2) to show that the total VOHAP concentration of the remediation material remains less than 10 ppmw. - (3) If HAP emissions are controlled from the affected process vents to meet standards in another subpart under 40 CFR part [61](/cfr/40/part61.md) or [40](/cfr/40/part40.md) CFR [part 63](/cfr/40/part63.md) according to [§ 63.7885(b)(3)](/cfr/40/63.7885.md?p=b-3), you must demonstrate continuous compliance by complying with all applicable emissions limitations and work practice standards specified by the applicable subpart. - (4) For each process vent exempted according to [§ 63.7885(c)](/cfr/40/63.7885.md?p=c), you must demonstrate continuous compliance by performing new measurements and preparing new documentation as required in [§ 63.7885(c)(2)](/cfr/40/63.7885.md?p=c-2) that demonstrates that each exempted process vent stream meets the applicable exemption conditions in [§ 63.7885(c)(1)](/cfr/40/63.7885.md?p=c-1). - (c) You must demonstrate continuous compliance with the general standards in [§ 63.7886](/cfr/40/63.7886.md) that apply to your affected remediation material management units by meeting the requirements in [paragraphs (c)(1) through (6)](#c-1..c-6) of this section, as applicable to your remediation material management units. - (1) If the remediation material management unit uses air pollution controls according to the standards specified in [§ 63.7886(b)(1)](/cfr/40/63.7886.md?p=b-1), you must demonstrate continuous compliance by meeting the requirements applicable to the remediation material management unit in §§ [63.7898](/cfr/40/63.7898.md), [63.7903](/cfr/40/63.7903.md), [63.7908](/cfr/40/63.7908.md), [63.7913](/cfr/40/63.7913.md), or [63.7818](/cfr/40/63.7818.md). - (2) If the remediation material managed in the affected remediation material managements has an average total VOHAP concentration less than 500 ppmw according to [§ 63.7886(b)(2)](/cfr/40/63.7886.md?p=b-2), you must demonstrate continuous compliance by performing a new determination and preparing new documentation as required in [§ 63.7886(c)(2)](/cfr/40/63.7886.md?p=c-2) to show that the total VOHAP concentration of the remediation material remains less than 500 ppmw. - (3) If HAP emissions are controlled from the affected remediation material management units to meet standards in another subpart under 40 CFR part [61](/cfr/40/part61.md) or [40](/cfr/40/part40.md) CFR [part 63](/cfr/40/part63.md) according to [§ 63.7886(b)(3)](/cfr/40/63.7886.md?p=b-3), you must demonstrate continuous compliance by meeting all applicable emissions limitations and work practice standards specified by the applicable subpart. - (4) If HAP emissions are controlled from the affected remediation material management unit that is an open tank or surface impoundment used for a biological treatment process according to [§ 63.7886(b)(4)](/cfr/40/63.7886.md?p=b-4), you must demonstrate continuous compliance by meeting the requirements in paragraphs [(c)(4)(i)](#c-4-i) and [(ii)](#c-4-ii) of this section. - (i) Performing new measurements and preparing new documentation as required in [§ 63.7886(4)(i)](/cfr/40/63.7886.md?p=4-i) that demonstrates that each unit meets the applicable performance levels. - (ii) Monitoring the biological treatment process conducted in each unit according to the requirements in [§ 63.7886(4)(i)](/cfr/40/63.7886.md?p=4-i). - (5) For each remediation material management unit used for cleanup of radioactive mixed waste and exempted according to [§ 63.7886(c)](/cfr/40/63.7886.md?p=c), you must demonstrate continuous compliance by meeting all requirements that apply to the remediation material management units under the applicable regulations or directives. - (6) For each remediation material management unit exempted according to [§ 63.7886(d)](/cfr/40/63.7886.md?p=d), you must demonstrate continuous compliance by performing new measurements and preparing new documentation as required in [§ 63.7886(d)(2)](/cfr/40/63.7886.md?p=d-2) to show that the total annual HAP quantity (based on the HAP listed in Table 1 of this subpart) in the remediation material placed in all of the designated exempted remediation material management units remains less than 1 Mg/yr. - (d) You have demonstrated continuous compliance with the general standards in [§ 63.7887](/cfr/40/63.7887.md) that apply to your affected equipment leak sources by meeting the requirements in [§ 63.7923](/cfr/40/63.7923.md). ## Notes ### Amendments [68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69018, Nov. 29, 2006] ### 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 69018, Nov. 29, 2006]