40 CFR 63.9340 - How do I demonstrate continuous compliance with the emission limitations?
(b) You must report each instance in paragraphs (b)(1) and (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.
(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) Consistent with §§ 63.6(e) and 63.7(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).
(2) The Administrator will determine whether deviations that occur during a period of SSM of control devices and associated monitoring equipment are violations, according to the provisions in § 63.6(e).