40 CFR § 63.3173 - How do I demonstrate continuous compliance with the emission limitations?

---
identifier: "/us/cfr/t40/s63.3173"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 63.3173 - How do I demonstrate continuous compliance with the emission limitations?"
title_number: 40
title_name: "Protection of Environment"
section_number: "63.3173"
section_name: "How do I demonstrate continuous compliance with the emission limitations?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "63"
part_name: "NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "57 FR 61992, Dec. 29, 1992, unless otherwise noted."
cfr_part: "63"
---


# 63.3173 How do I demonstrate continuous compliance with the emission limitations?

(a) To demonstrate continuous compliance with the applicable emission limit in § 63.3090(b) or § 63.3091(b), the organic HAP emission rate for each compliance period determined according to the procedures in § 63.3171 must be equal to or less than the applicable emission limit in § 63.3090(b) or § 63.3091(b). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in § 63.3170 is a compliance period consisting of that month. You must perform the calculations in § 63.3171 on a monthly basis.

(b) If the organic HAP emission rate for any 1 month compliance period exceeded the applicable emission limit in § 63.3090(b) or § 63.3091(b), this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6).

(c) You must meet the requirements of § 63.3163(c) through (j).