(a) Deviations. You must report each instance in which you did not meet each emissions limitation in §63.7690 (including each operating limit) that applies to you. This requirement includes periods of startup, shutdown, and malfunction. You also must report each instance in which you did not meet each work practice standard in §63.7700 and each operation and maintenance requirement of §63.7710 that applies to you. These instances are deviations from the emissions limitations, work practice standards, and operation and maintenance requirements in this subpart. These deviations must be reported according to the requirements of §63.7751.

(b) Startups, shutdowns, and malfunctions.

(1) Consistent with the requirements of §§63.6(e) and 63.7(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).

(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).

[69 FR 21923, Apr. 22, 2004, as amended at 71 FR 20468, Apr. 20, 2006]