--- kind: "section" citation: "40 C.F.R. § 63.8090" title: "40" number: "63.8090" heading: "What compliance options do I have if part of my plant is subject to both this subpart and another subpart?" url: "https://uscodex.org/cfr/40/63.8090" --- # §63.8090. What compliance options do I have if part of my plant is subject to both this subpart and another subpart? - (a) **Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/or CC.** - (1) After the compliance dates specified in [§ 63.7995](/cfr/40/63.7995.md), if a control device that you use to comply with this subpart is also subject to monitoring, recordkeeping, and reporting requirements in [40 CFR part 264](/cfr/40/part264.md), subpart [AA](/cfr/40/subpartAA.md), [BB](/cfr/40/subpartBB.md), or CC; or the monitoring and recordkeeping requirements in [40 CFR part 265](/cfr/40/part265.md), subpart [AA](/cfr/40/subpartAA.md), [BB](/cfr/40/subpartBB.md), or CC; and you comply with the periodic reporting requirements under [40 CFR part 264](/cfr/40/part264.md), subpart [AA](/cfr/40/subpartAA.md), [BB](/cfr/40/subpartBB.md), or CC that would apply to the device if your facility had final-permitted status, you may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart; or with the monitoring and recordkeeping requirements in 40 CFR part [264](/cfr/40/part264.md) or [265](/cfr/40/part265.md) and the reporting requirements in [40 CFR part 264](/cfr/40/part264.md), as described in this [paragraph (a)](#a), which constitute compliance with the monitoring, recordkeeping, and reporting requirements of this subpart. If you elect to comply with the monitoring, recordkeeping, and reporting requirements in [40 CFR parts 264](/cfr/40/part264.md) and/or 265, you must report the information required for the compliance report in [§ 63.8075(e)](/cfr/40/63.8075.md?p=e), and you must identify in the notification of compliance status report required by [§ 63.8075(d)](/cfr/40/63.8075.md?p=d) the monitoring, recordkeeping, and reporting authority under which you will comply. - (2) After the compliance dates specified in this section, if any equipment at an affected source that is subject to this subpart is also subject to [40 CFR part 264](/cfr/40/part264.md), [subpart BB](/cfr/40/subpartBB.md) or to [40 CFR part 265](/cfr/40/part265.md), [subpart BB](/cfr/40/subpartBB.md), then compliance with the recordkeeping and reporting requirements of [40 CFR part 264](/cfr/40/part264.md) and/or 265 may be used to comply with the recordkeeping and reporting requirements of [§ 63.1255](/cfr/40/63.1255.md), to the extent that the requirements of [40 CFR part 264](/cfr/40/part264.md) and/or 265 duplicate the requirements of this subpart. You must identify in the notification of compliance status report required by [§ 63.8075(d)](/cfr/40/63.8075.md?p=d) if you will comply with the recordkeeping and reporting authority under [40 CFR part 264](/cfr/40/part264.md) and/or 265. - (b) **Compliance with 40 CFR part 60, subpart Kb.** After the compliance dates specified in [§ 63.7995](/cfr/40/63.7995.md), you are in compliance with this subpart for any storage tank that is assigned to miscellaneous coating manufacturing operations and that is both controlled with a floating roof and in compliance with the provisions of [40 CFR part 60](/cfr/40/part60.md), subpart Kb. You are in compliance with this subpart if you have a storage tank with a fixed roof, closed-vent system, and control device in compliance with [40 CFR part 60](/cfr/40/part60.md), [subpart Kb](/cfr/40/subpartKb.md), and you are in compliance with the monitoring, recordkeeping, and reporting requirements in this subpart. You must also identify in your notification of compliance status report required by [§ 63.8075(d)](/cfr/40/63.8075.md?p=d) which storage tanks are in compliance with [40 CFR part 60](/cfr/40/part60.md), subpart Kb. - (c) **Compliance with 40 CFR part 63, subpart FFFF.** After the compliance dates specified in [§ 63.7995](/cfr/40/63.7995.md), an affected source under this subpart HHHHH that includes equipment that is also part of an affected source under [40 CFR part 63](/cfr/40/part63.md), [subpart FFFF](/cfr/40/subpartFFFF.md) is deemed in compliance with this subpart HHHHH if all of the conditions specified in [paragraphs (c)(1) through (5)](#c-1..c-5) of this section are met. - (1) Equipment used for both miscellaneous coating manufacturing operations and as part of a miscellaneous organic chemical manufacturing process unit (MCPU), as defined in [§ 63.2435](/cfr/40/63.2435.md), must be part of a process unit group developed in accordance with the provisions in [§ 63.2535(l)](/cfr/40/63.2535.md?p=l). - (2) For the purposes of complying with [§ 63.2535(l)](/cfr/40/63.2535.md?p=l), a miscellaneous coating manufacturing “process unit” consists of all coating manufacturing equipment that is also part of an MCPU in the process unit group. All miscellaneous coating manufacturing operations that are not part of a process unit group must comply with the requirements of this subpart HHHHH. - (3) The primary product for a process unit group that includes miscellaneous coating manufacturing equipment must be organic chemicals as described in [§ 63.2435(b)(1)](/cfr/40/63.2435.md?p=b-1). - (4) The process unit group must be in compliance with the requirements in [40 CFR part 63](/cfr/40/part63.md), [subpart FFFF](/cfr/40/subpartFFFF.md) as specified in [§ 63.2535(l)(3)(i)](/cfr/40/63.2535.md?p=l-3-i) no later than the applicable compliance dates specified in [§ 63.2445](/cfr/40/63.2445.md). - (5) You must include in the notification of compliance status report required in [§ 63.8070(d)](/cfr/40/63.8070.md?p=d) the records as specified in [§ 63.2535(l)(1) through (3)](/cfr/40/63.2535.md?p=l-1..l-3). ## Notes ### Amendments [68 FR 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006; 85 FR 49747, Aug. 14, 2020] ### Source Source: 68 FR 69185, Dec. 11, 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 69185, Dec. 11, 2003, as amended at 71 FR 58503, Oct. 4, 2006; 85 FR 49747, Aug. 14, 2020]