---
kind: "section"
citation: "40 C.F.R. § 63.8248"
title: "40"
number: "63.8248"
heading: "What other requirements must I meet?"
url: "https://uscodex.org/cfr/40/63.8248"
---

# §63.8248. What other requirements must I meet?

- (a) **Deviations.** The instances specified in [paragraphs (a)(1) through (4)](#a-1..a-4) of this section are deviations and must be reported according to the requirements in [§ 63.8254](/cfr/40/63.8254.md) and recorded according to the requirements in [§ 63.8256(a)(2)](/cfr/40/63.8256.md?p=a-2).
  - (1) You must report each instance in which you did not meet each emission limitation in [§ 63.8190](/cfr/40/63.8190.md) that applies to you.
  - (2) You must report each instance in which you did not meet each work practice standard in [§ 63.8192](/cfr/40/63.8192.md) that applies to you.
  - (3) You must report each instance in which the corrective actions taken according to [§ 63.8244(b)(2)(iv)](/cfr/40/63.8244.md?p=b-2-iv) did not result in average monitoring values being within range within 48 hours of the period that the monitoring value is out of range.
  - (4) You must report each instance in which the corrective action taken according to [§ 63.8244(b)(2)(v)](/cfr/40/63.8244.md?p=b-2-v) did not result in the maximum hourly temperature being above the reference temperature during the first regeneration cycle following the period that the monitoring value was out of range.
- (b) **Startups, shutdowns, and malfunctions.** The provisions of [paragraphs (b)(1) through (3)](#b-1..b-3) of this section apply until November 7, 2022. On and after November 7, 2022, the provisions of [paragraphs (b)(1) through (3)](#b-1..b-3) of this section no longer apply. (1) Consistent with §§ [63.6(e)](/cfr/40/63.6.md?p=e) and [63.7(e)(1)](/cfr/40/63.7.md?p=e-1), deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with [§ 63.6(e)(1)](/cfr/40/63.6.md?p=e-1).
  - (2) The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations, according to the provisions in [§ 63.6(e)](/cfr/40/63.6.md?p=e).
  - (3) By-passing the control device for maintenance activities is not considered a startup, shutdown, or malfunction event.

## Notes

### Amendments

[68 FR 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 87 FR 27021, May 6, 2022]

### Source

Source: 68 FR 70928, Dec. 19, 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 70928, Dec. 19, 2003, as amended at 71 FR 20469, Apr. 20, 2006; 87 FR 27021, May 6, 2022]