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40 CFR § 63.7940 - By what date must I conduct performance tests or other initial compliance demonstrations?

---
identifier: "/us/cfr/t40/s63.7940"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 63.7940 - By what date must I conduct performance tests or other initial compliance demonstrations?"
title_number: 40
title_name: "Protection of Environment"
section_number: "63.7940"
section_name: "By what date must I conduct performance tests or other initial compliance demonstrations?"
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"
---

# 63.7940 By what date must I conduct performance tests or other initial compliance demonstrations?

(a) You must conduct a performance test or design evaluation for each existing affected source within 180 calendar days after the compliance date that is specified in § 63.7883.

(b) For each work practice standard that applies to you where initial compliance is not demonstrated using a performance test or design evaluation, you must demonstrate initial compliance within 30 calendar days after the compliance date that is specified in § 63.7883 for your affected source.

(c) For new sources, you must conduct initial performance tests and other initial compliance demonstrations according to the provisions in § 63.7(a)(2).

[68 FR 58190, Oct. 8, 2003, as amended at 71 FR 69019, Nov. 29, 2006]