[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.1035]

[Page 384-388]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
           Subpart AA_Air Emission Standards for Process Vents
 
Sec. 264.1035  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one hazardous waste management 
unit subject to the provisions of this subpart may comply with the 
recordkeeping requirements for these hazardous waste management units in 
one recordkeeping system if the system identifies each record by each 
hazardous waste management unit.
    (b) Owners and operators must record the following information in 
the facility operating record:
    (1) For facilities that comply with the provisions of Sec. 
264.1033(a)(2), an implementation schedule that includes dates by which 
the closed-vent system and control device will be installed and in 
operation. The schedule must also include a rationale of why the 
installation cannot be completed at an earlier date. The implementation 
schedule must be in the facility operating record by the effective date 
that the facility becomes subject to the provisions of this subpart.
    (2) Up-to-date documentation of compliance with the process vent 
standards in Sec. 264.1032, including:
    (i) Information and data identifying all affected process vents, 
annual throughput and operating hours of each affected unit, estimated 
emission rates for each affected vent and for the overall facility 
(i.e., the total emissions for all affected vents at the facility), and 
the approximate location within the facility of each affected unit 
(e.g., identify the hazardous waste management units on a facility plot 
plan).
    (ii) Information and data supporting determinations of vent 
emissions and emission reductions achieved by add-on control devices 
based on engineering calculations or source tests. For the purpose of 
determining compliance, determinations of vent emissions and emission 
reductions must be made using operating parameter values (e.g., 
temperatures, flow rates, or vent stream organic compounds and 
concentrations) that represent the conditions that result in maximum 
organic emissions, such as when the waste management unit is operating 
at the highest load or capacity level reasonably expected to occur. If 
the owner or operator takes any action (e.g., managing a waste of 
different composition or increasing operating hours of affected waste 
management units) that would result in an increase in total organic 
emissions from affected process vents at the facility, then a new 
determination is required.
    (3) Where an owner or operator chooses to use test data to determine 
the organic removal efficiency or total organic compound concentration 
achieved by the control device, a performance test plan. The test plan 
must include:
    (i) A description of how it is determined that the planned test is 
going to be conducted when the hazardous waste management unit is 
operating at the highest load or capacity level reasonably expected to 
occur. This shall include the estimated or design flow rate and organic 
content of each vent stream and define the acceptable operating ranges 
of key process and control device parameters during the test program.
    (ii) A detailed engineering de scrip tion of the closed-vent system 
and control device including:
    (A) Manufacturer's name and model number of control device.
    (B) Type of control device.
    (C) Dimensions of the control device.
    (D) Capacity.
    (E) Construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to

[[Page 385]]

be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (4) Documentation of compliance with Sec. 264.1033 shall include 
the following information:
    (i) A list of all information re fer ences and sources used in 
preparing the documentation.
    (ii) Records, including the dates, of each compliance test required 
by Sec. 264.1033(k).
    (iii) If engineering calculations are used, a design analysis, 
specifications, drawings, schematics, and piping and instrumentation 
diagrams based on the appropriate sections of ``APTI Course 415: Control 
of Gaseous Emissions'' (incorporated by reference as specified in Sec. 
260.11) or other engineering texts acceptable to the Regional Ad mini 
stra tor that present basic control device design information. 
Documentation provided by the control device manufacturer or vendor that 
describes the control device design in accordance with paragraphs 
(b)(4)(iii)(A) through (b)(4)(iii)(G) of this section may be used to 
comply with this requirement. The design analysis shall address the vent 
stream characteristics and control device operation parameters as 
specified below.
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the combustion zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in Sec. 
264.1033(d).
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentrations, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level, design average 
temperature of the condenser exhaust vent stream, and design average 
temperatures of the coolant fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system such as a fixed-bed adsorber that 
regenerates the carbon bed directly onsite in the control device, the 
design analysis shall consider the vent stream composition, constituent 
concentrations, flow rate, relative humidity, and temperature. The 
design analysis shall also establish the design exhaust vent stream 
organic compound concentration level, number and capacity of carbon 
beds, type and working capacity of activated carbon used for carbon 
beds, design total steam flow over the period of each complete carbon 
bed regeneration cycle, duration of the carbon bed steaming and cooling/
drying cycles, design carbon bed temperature after regeneration, design 
carbon bed regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system such as a carbon canister that 
does not regenerate the carbon bed directly onsite in the control 
device, the design analysis shall consider the vent stream composition, 
constituent concentrations, flow rate, relative humidity, and 
temperature. The design analysis shall also establish the design outlet 
organic concentration level, capacity of carbon bed, type and working 
capacity of activated carbon used for carbon bed, and design carbon 
replacement interval based on the total carbon working capacity of the 
control device and source operating schedule.
    (iv) A statement signed and dated by the owner or operator 
certifying that the operating parameters used in the design analysis 
reasonably represent

[[Page 386]]

the conditions that exist when the hazardous waste management unit is or 
would be operating at the highest load or capacity level reasonably 
expected to occur.
    (v) A statement signed and dated by the owner or operator certifying 
that the control device is designed to operate at an efficiency of 95 
percent or greater unless the total organic concentration limit of Sec. 
264.1032(a) is achieved at an efficiency less than 95 weight percent or 
the total organic emission limits of Sec. 264.1032(a) for affected 
process vents at the facility can be attained by a control device 
involving vapor recovery at an efficiency less than 95 weight percent. A 
statement provided by the control device manufacturer or vendor 
certifying that the control equipment meets the design specifications 
may be used to comply with this requirement.
    (vi) If performance tests are used to demonstrate compliance, all 
test results.
    (c) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of this part shall be recorded and kept up-
to-date in the facility operating record. The information shall include:
    (1) Description and date of each modification that is made to the 
closed-vent system or control device design.
    (2) Identification of operating parameter, description of monitoring 
device, and diagram of monitoring sensor location or locations used to 
comply with Sec. 264.1033 (f)(1) and (f)(2).
    (3) Monitoring, operating, and inspection information required by 
paragraphs (f) through (k) of Sec. 264.1033.
    (4) Date, time, and duration of each period that occurs while the 
control device is operating when any monitored parameter exceeds the 
value established in the control device design analysis as specified 
below:
    (i) For a thermal vapor incinerator designed to operate with a 
minimum residence time of 0.50 second at a minimum temperature of 760 
[deg]C. period when the combustion temperature is below 760 [deg]C.
    (ii) For a thermal vapor incinerator designed to operate with an 
organic emission reduction efficiency of 95 weight percent or greater 
period when the combustion zone temperature is more than 28 [deg]C below 
the design average combustion zone temperature established as a 
requirement of paragraph (b)(4)(iii)(A) of this section.
    (iii) For a catalytic vapor incinerator, period when:
    (A) Temperature of the vent stream at the catalyst bed inlet is more 
than 28 [deg]C below the average temperature of the inlet vent stream 
established as a requirement of paragraph (b)(4)(iii)(B) of this 
section, or
    (B) Temperature difference across the catalyst bed is less than 80 
percent of the design average temperature difference established as a 
requirement of paragraph (b)(4)(iii)(B) of this section.
    (iv) For a boiler or process heater, period when:
    (A) Flame zone temperature is more than 28 [deg]C below the design 
average flame zone temperature established as a requirement of paragraph 
(b)(4)(iii)(C) of this section, or
    (B) Position changes where the vent stream is introduced to the 
combustion zone from the location established as a requirement of 
paragraph (b)(4)(iii)(C) of this section.
    (v) For a flare, period when the pilot flame is not ignited.
    (vi) For a condenser that complies with Sec. 264.1033(f)(2)(vi)(A), 
period when the organic compound concentration level or readings of 
organic compounds in the exhaust vent stream from the condenser are more 
than 20 percent greater than the design outlet organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(E) of this section.
    (vii) For a condenser that complies with Sec. 
264.1033(f)(2)(vi)(B), period when:
    (A) Temperature of the exhaust vent stream from the condenser is 
more than 6 [deg]C above the design average exhaust vent stream 
temperature established as a requirement of paragraph (b)(4)(iii)(E) of 
this section; or
    (B) Temperature of the coolant fluid exiting the condenser is more 
than 6 [deg]C above the design average coolant fluid temperature at the 
condenser outlet

[[Page 387]]

established as a requirement of paragraph (b)(4)(iii)(E) of this 
section.
    (viii) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 264.1033(f)(2)(vii)(A), period when the 
organic compound concentration level or readings of organic compounds in 
the exhaust vent stream from the carbon bed are more than 20 percent 
greater than the design exhaust vent stream organic compound 
concentration level established as a requirement of paragraph 
(b)(4)(iii)(F) of this section.
    (ix) For a carbon adsorption system such as a fixed-bed carbon 
adsorber that regenerates the carbon bed directly onsite in the control 
device and complies with Sec. 264.1033(f)(2)(vii)(B), period when the 
vent stream continues to flow through the control device beyond the 
predetermined carbon bed regeneration time established as a requirement 
of paragraph (b)(4)(iii)(F) of this section.
    (5) Explanation for each period recorded under paragraph (4) of the 
cause for control device operating parameter exceeding the design value 
and the measures implemented to correct the control device operation.
    (6) For a carbon adsorption system operated subject to requirements 
specified in Sec. 264.1033(g) or Sec. 264.1033(h)(2), date when 
existing carbon in the control device is replaced with fresh carbon.
    (7) For a carbon adsorption system operated subject to requirements 
specified in Sec. 264.1033(h)(1), a log that records:
    (i) Date and time when control device is monitored for carbon 
breakthrough and the monitoring device reading.
    (ii) Date when existing carbon in the control device is replaced 
with fresh carbon.
    (8) Date of each control device startup and shutdown.
    (9) An owner or operator designating any components of a closed-vent 
system as unsafe to monitor pursuant to Sec. 264.1033(o) of this 
subpart shall record in a log that is kept in the facility operating 
record the identification of closed-vent system components that are 
designated as unsafe to monitor in accordance with the requirements of 
Sec. 264.1033(o) of this subpart, an explanation for each closed-vent 
system component stating why the closed-vent system component is unsafe 
to monitor, and the plan for monitoring each closed-vent system 
component.
    (10) When each leak is detected as specified in Sec. 264.1033(l) of 
this subpart, the following information shall be recorded:
    (i) The instrument identification number, the closed-vent system 
component identification number, and the operator name, initials, or 
identification number.
    (ii) The date the leak was detected and the date of first attempt to 
repair the leak.
    (iii) The date of successful repair of the leak.
    (iv) Maximum instrument reading measured by Method 21 of 40 CFR part 
60, appendix A after it is successfully repaired or determined to be 
nonrepairable.
    (v) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (A) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. In such cases, 
reasons for delay of repair may be documented by citing the relevant 
sections of the written procedure.
    (B) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked on-site before depletion and the reason for depletion.
    (d) Records of the monitoring, operating, and inspection information 
required by paragraphs (c)(3) through (c)(10) of this section shall be 
maintained by the owner or operator for at least 3 years following the 
date of each occurrence, measurement, maintenance, corrective action, or 
record.
    (e) For a control device other than a thermal vapor incinerator, 
catalytic vapor incinerator, flare, boiler, process heater, condenser, 
or carbon adsorption system, the Regional Administrator will specify the 
appropriate recordkeeping requirements.
    (f) Up-to-date information and data used to determine whether or not 
a

[[Page 388]]

process vent is subject to the requirements in Sec. 264.1032 including 
supporting documentation as required by Sec. 264.1034(d)(2) when 
application of the knowledge of the nature of the hazardous waste stream 
or the process by which it was produced is used, shall be recorded in a 
log that is kept in the facility operating record.

[55 FR 25494, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 
61 FR 59952, Nov. 25, 1996]