(a) Deviations. Except as provided in §63.7833(g), you must report each instance in which you did not meet each emission limitation in §63.7790 that applies to you. This includes periods of startup, shutdown, and malfunction. You also must report each instance in which you did not meet each operation and maintenance requirement in §63.7800 that applies to you. These instances are deviations from the emission limitations and operation and maintenance requirements in this subpart. These deviations must be reported according to the requirements in §63.7841.

(b) Startups, shutdowns, and malfunctions.

(1) Consistent with §§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).

[68 FR 27663, May 20, 2003, as amended at 71 FR 20468, Apr. 20, 2006; 71 FR 39588, July 13, 2006]