---
kind: "section"
citation: "40 C.F.R. § 63.9340"
title: "40"
number: "63.9340"
heading: "How do I demonstrate continuous compliance with the emission limitations?"
url: "https://uscodex.org/cfr/40/63.9340"
---

# §63.9340. How do I demonstrate continuous compliance with the emission limitations?

- (a) You must demonstrate continuous compliance with the emission limitation in Table 1 to this subpart that applies to you according to methods specified in Table 5 to this subpart.
- (b) You must report each instance in paragraphs [(b)(1)](#b-1) and [(2)](#b-2) of this section. These instances are deviations from the emission limitation in this subpart and must be reported according to the requirements in [§ 63.9350](/cfr/40/63.9350.md).
  - (1) You must report each instance in which you did not meet the emission limitation that applies to you.
  - (2) You must report each instance in which you did not meet the requirements in Table 7 to this subpart that apply to you.
- (c) **Startups, shutdowns, and malfunctions—**
  - (1) For affected sources prior to December 1, 2020, 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 SSM of control devices and associated monitoring equipment 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 you identify as an SSM of control devices and associated monitoring equipment are violations, according to the provisions in [§ 63.6(e)](/cfr/40/63.6.md?p=e).

## Notes

### Amendments

[68 FR 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 34346, June 3, 2020]

### Source

Source: 68 FR 28785, May 27, 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 28785, May 27, 2003, as amended at 71 FR 20470, Apr. 20, 2006; 85 FR 34346, June 3, 2020]