[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: 40CFR264.1064]

[Page 396-398]
 
                   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 BB_Air Emission Standards for Equipment Leaks
 
Sec. 264.1064  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 each piece of equipment to which subpart BB of part 264 
applies:
    (i) Equipment identification number and hazardous waste management 
unit identification.
    (ii) Approximate locations within the facility (e.g., identify the 
hazardous waste management unit on a facility plot plan).
    (iii) Type of equipment (e.g.. a pump or pipeline valve).
    (iv) Percent-by-weight total organics in the hazardous waste stream 
at the equipment.
    (v) Hazardous waste state at the equipment (e.g., gas/vapor or 
liquid).
    (vi) Method of compliance with the standard (e.g., ``monthly leak 
detection and repair'' or ``equipped with dual mechanical seals'').
    (2) For facilities that comply with the provisions of Sec. 
264.1033(a)(2), an implementation schedule as specified in Sec. 
264.1033(a)(2).
    (3) Where an owner or operator chooses to use test data to 
demonstrate the organic removal efficiency or total organic compound 
concentration achieved by the control device, a performance test plan as 
specified in Sec. 264.1035(b)(3).
    (4) Documentation of compliance with Sec. 264.1060, including the 
detailed design documentation or performance test results specified in 
Sec. 264.1035(b)(4).
    (c) When each leak is detected as specified in Sec. Sec. 264.1052, 
264.1053, 264.1057, and 264.1058, the following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, the date evidence of a potential 
leak was found in accordance with Sec. 264.1058(a), and the date the 
leak was detected, shall be attached to the leaking equipment.
    (2) The identification on equipment, except on a valve, may be 
removed after it has been repaired.
    (3) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec. Sec. 264.1057(c) 
and no leak has been detected during those 2 months.
    (d) When each leak is detected as specified in Sec. Sec. 264.1052, 
264.1053, 264.1057, and 264.1058, the following information shall be 
recorded in an inspection log and shall be kept in the facility 
operating record:
    (1) The instrument and operator identification numbers and the 
equipment identification number.
    (2) The date evidence of a potential leak was found in accordance 
with Sec. 264.1058(a).
    (3) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (4) Repair methods applied in each attempt to repair the leak.
    (5) ``Above 10,000'' if the maximum instrument reading measured by 
the methods specified in Sec. 264.1063(b) after each repair attempt is 
equal to or greater than 10,000 ppm.
    (6) ``Repair delayed'' and the reason for the delay if a leak is not 
repaired within 15 calendar days after discovery of the leak.
    (7) Documentation supporting the delay of repair of a valve in 
compliance with Sec. 264.1059(c).
    (8) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a hazardous 
waste management unit shutdown.

[[Page 397]]

    (9) The expected date of successful repair of the leak if a leak is 
not repaired within 15 calendar days.
    (10) The date of successful repair of the leak.
    (e) Design documentation and monitoring, operating, and inspection 
information for each closed-vent system and control device required to 
comply with the provisions of Sec. 264.1060 shall be recorded and kept 
up-to-date in the facility operating record as specified in Sec. 
264.1035(c). Design documentation is specified in Sec. 264.1035 (c)(1) 
and (c)(2) and monitoring, operating, and in spection information in 
Sec. 264.1035 (c)(3)-(c)(8).
    (f) 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.
    (g) The following information pertaining to all equipment subject to 
the requirements in Sec. Sec. 264.1052 through 264.1060 shall be 
recorded in a log that is kept in the facility operating record:
    (1) A list of identification numbers for equipment (except welded 
fittings) subject to the requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that the owner 
or operator elects to designate for no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, under the provisions of Sec. Sec. 264.1052(e), 264.1053(i), 
and 264.1057(f).
    (ii) The designation of this equipment as subject to the 
requirements of Sec. Sec. 264.1052(e), 264.1053(i), or 264.1057(f) 
shall be signed by the owner or operator.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec. 264.1054(a).
    (4)(i) The dates of each compliance test required in Sec. Sec. 
264.1052(e), 264.1053(i), 264.1054, and 264.1057(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) Identification, either by list or location (area or group) of 
equipment that contains or contacts hazardous waste with an organic 
concentration of at least 10 percent by weight for less than 300 hours 
per calendar year.
    (h) The following information pertaining to all valves subject to 
the requirements of Sec. 264.1057 (g) and (h) shall be recorded in a 
log that is kept in the facility operating record:
    (1) A list of identification numbers for valves that are designated 
as unsafe to monitor, an explanation for each valve stating why the 
valve is unsafe to monitor, and the plan for monitoring each valve.
    (2) A list of identification numbers for valves that are designated 
as difficult to monitor, an explanation for each valve stating why the 
valve is difficult to monitor, and the planned schedule for monitoring 
each valve.
    (i) The following information shall be recorded in the facility 
operating record for valves complying with Sec. 264.1062:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (j) The following information shall be recorded in a log that is 
kept in the facility operating record:
    (1) Criteria required in Sec. 264.1052(d)(5)(ii) and Sec. 
264.1053(e)(2) and an explanation of the design criteria.
    (2) Any changes to these criteria and the reasons for the changes.
    (k) The following information shall be recorded in a log that is 
kept in the facility operating record for use in determining exemptions 
as provided in the applicability section of this subpart and other 
specific subparts:
    (1) An analysis determining the design capacity of the hazardous 
waste management unit.
    (2) A statement listing the hazardous waste influent to and effluent 
from each hazardous waste management unit subject to the requirements in 
Sec. Sec. 264.1052 through 264.1060 and an analysis determining whether 
these hazardous wastes are heavy liquids.
    (3) An up-to-date analysis and the supporting information and data 
used to determine whether or not equipment is subject to the 
requirements in Sec. Sec. 264.1052 through 264.1060. The record

[[Page 398]]

shall include supporting documentation as required by Sec. 
264.1063(d)(3) when application of the knowledge of the nature of the 
hazardous waste stream or the process by which it was produced is used. 
If the owner or operator takes any action (e.g., changing the process 
that produced the waste) that could result in an increase in the total 
organic content of the waste contained in or contacted by equipment 
determined not to be subject to the requirements in Sec. Sec. 264.1052 
through 264.1060, then a new determination is required.
    (l) Records of the equipment leak information required by paragraph 
(d) of this section and the operating information required by paragraph 
(e) of this section need be kept only 3 years.
    (m) The owner or operator of a facility with equipment that is 
subject to this subpart and to regulations at 40 CFR part 60, part 61, 
or part 63 may elect to determine compliance with this subpart either by 
documentation pursuant to Sec. 264.1064 of this subpart, or by 
documentation of compliance with the regulations at 40 CFR part 60, part 
61, or part 63 pursuant to the relevant provisions of the regulations at 
40 part 60, part 61, or part 63. The documentation of compliance under 
regulations at 40 CFR part 60, part 61, or part 63 shall be kept with or 
made readily available with the facility operating record.

[55 FR 25501, June 21, 1990, as amended at 61 FR 59952, Nov. 25, 1996; 
62 FR 64658, Dec. 8, 1997]