[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: 40CFR264.1089]

[Page 439-443]
 
                   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 CC_Air Emission Standards for Tanks, Surface Impoundments, and 
                               Containers
 
Sec. 264.1089  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to requirements of 
this subpart shall record and maintain the information specified in 
paragraphs (b) through (j) of this section, as applicable to the 
facility. Except for air emission control equipment design documentation 
and information required by paragraphs (i) and (j) of this section, 
records required by this section shall be maintained in the operating 
record for a minimum of 3 years. Air emission control equipment design 
documentation shall be maintained in the operating record until the air 
emission control equipment is replaced or otherwise no longer in 
service. Information required by paragraphs (i) and (j) of this section 
shall be maintained in the operating record for as long as the waste 
management unit is not using air emission controls specified in 
Sec. Sec. 264.1084 through 264.1087 of this subpart in accordance with 
the conditions specified in Sec. 264.1080(d) or Sec. 264.1080(b)(7) of 
this subpart, respectively.
    (b) The owner or operator of a tank using air emission controls in 
accordance with the requirements of Sec. 264.1084 of this subpart shall 
prepare and maintain records for the tank that include the following 
information:

[[Page 440]]

    (1) For each tank using air emission controls in accordance with the 
requirements of Sec. 264.1084 of this subpart, the owner or operator 
shall record:
    (i) A tank identification number (or other unique identification 
description as selected by the owner or operator).
    (ii) A record for each inspection required by Sec. 264.1084 of this 
subpart that includes the following information:
    (A) Date inspection was conducted.
    (B) For each defect detected during the inspection: The location of 
the defect, a description of the defect, the date of detection, and 
corrective action taken to repair the defect. In the event that repair 
of the defect is delayed in accordance with the requirements of Sec. 
264.1084 of this subpart, the owner or operator shall also record the 
reason for the delay and the date that completion of repair of the 
defect is expected.
    (2) In addition to the information required by paragraph (b)(1) of 
this section, the owner or operator shall record the following 
information, as applicable to the tank:
    (i) The owner or operator using a fixed roof to comply with the Tank 
Level 1 control requirements specified in Sec. 264.1084(c) of this 
subpart shall prepare and maintain records for each determination for 
the maximum organic vapor pressure of the hazardous waste in the tank 
performed in accordance with the requirements of Sec. 264.1084(c) of 
this subpart. The records shall include the date and time the samples 
were collected, the analysis method used, and the analysis results.
    (ii) The owner or operator using an internal floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
264.1084(e) of this subpart shall prepare and maintain documentation 
describing the floating roof design.
    (iii) Owners and operators using an external floating roof to comply 
with the Tank Level 2 control requirements specified in Sec. 
264.1084(f) of this subpart shall prepare and maintain the following 
records:
    (A) Documentation describing the floating roof design and the 
dimensions of the tank.
    (B) Records for each seal gap inspection required by Sec. 
264.1084(f)(3) of this subpart describing the results of the seal gap 
measurements. The records shall include the date that the measurements 
were performed, the raw data obtained for the measurements, and the 
calculations of the total gap surface area. In the event that the seal 
gap measurements do not conform to the specifications in Sec. 
264.1084(f)(1) of this subpart, the records shall include a description 
of the repairs that were made, the date the repairs were made, and the 
date the tank was emptied, if necessary.
    (iv) Each owner or operator using an enclosure to comply with the 
Tank Level 2 control requirements specified in Sec. 264.1084(i) of this 
subpart shall prepare and maintain the following records:
    (A) Records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (B) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (c) The owner or operator of a surface impoundment using air 
emission controls in accordance with the requirements of Sec. 264.1085 
of this subpart shall prepare and maintain records for the surface 
impoundment that include the following information:
    (1) A surface impoundment identification number (or other unique 
identification description as selected by the owner or operator).
    (2) Documentation describing the floating membrane cover or cover 
design, as applicable to the surface impoundment, that includes 
information prepared by the owner or operator or provided by the cover 
manufacturer or vendor describing the cover design, and certification by 
the owner or operator that the cover meets the specifications listed in 
Sec. 264.1085(c) of this subpart.
    (3) A record for each inspection required by Sec. 264.1085 of this 
subpart that includes the following information:
    (i) Date inspection was conducted.

[[Page 441]]

    (ii) For each defect detected during the inspection the following 
information: The location of the defect, a description of the defect, 
the date of detection, and corrective action taken to repair the defect. 
In the event that repair of the defect is delayed in accordance with the 
provisions of Sec. 264.1085(f) of this subpart, the owner or operator 
shall also record the reason for the delay and the date that completion 
of repair of the defect is expected.
    (4) For a surface impoundment equipped with a cover and vented 
through a closed-vent system to a control device, the owner or operator 
shall prepare and maintain the records specified in paragraph (e) of 
this section.
    (d) The owner or operator of containers using Container Level 3 air 
emission controls in accordance with the requirements of Sec. 264.1086 
of this subpart shall prepare and maintain records that include the 
following information:
    (1) Records for the most recent set of calculations and measurements 
performed by the owner or operator to verify that the enclosure meets 
the criteria of a permanent total enclosure as specified in ``Procedure 
T--Criteria for and Verification of a Permanent or Temporary Total 
Enclosure'' under 40 CFR 52.741, appendix B.
    (2) Records required for the closed-vent system and control device 
in accordance with the requirements of paragraph (e) of this section.
    (e) The owner or operator using a closed-vent system and control 
device in accordance with the requirements of Sec. 264.1087 of this 
subpart shall prepare and maintain records that include the following 
information:
    (1) Documentation for the closed-vent system and control device that 
includes:
    (i) Certification that is signed and dated by the owner or operator 
stating that the control device is designed to operate at the 
performance level documented by a design analysis as specified in 
paragraph (e)(1)(ii) of this section or by performance tests as 
specified in paragraph (e)(1)(iii) of this section when the tank, 
surface impoundment, or container is or would be operating at capacity 
or the highest level reasonably expected to occur.
    (ii) If a design analysis is used, then design documentation as 
specified in 40 CFR 264.1035(b)(4). The documentation shall include 
information prepared by the owner or operator or provided by the control 
device manufacturer or vendor that describes the control device design 
in accordance with 40 CFR 264.1035(b)(4)(iii) and certification by the 
owner or operator that the control equipment meets the applicable 
specifications.
    (iii) If performance tests are used, then a performance test plan as 
specified in 40 CFR 264.1035(b)(3) and all test results.
    (iv) Information as required by 40 CFR 264.1035(c)(1) and 40 CFR 
264.1035(c)(2), as applicable.
    (v) An owner or operator shall record, on a semiannual basis, the 
information specified in paragraphs (e)(1)(v)(A) and (e)(1)(v)(B) of 
this section for those planned routine maintenance operations that would 
require the control device not to meet the requirements of Sec. 
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as 
applicable.
    (A) A description of the planned routine maintenance that is 
anticipated to be performed for the control device during the next 6-
month period. This description shall include the type of maintenance 
necessary, planned frequency of maintenance, and lengths of maintenance 
periods.
    (B) A description of the planned routine maintenance that was 
performed for the control device during the previous 6-month period. 
This description shall include the type of maintenance performed and the 
total number of hours during those 6 months that the control device did 
not meet the requirements of Sec. 264.1087 (c)(1)(i), (c)(1)(ii), or 
(c)(1)(iii) of this subpart, as applicable, due to planned routine 
maintenance.
    (vi) An owner or operator shall record the information specified in 
paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this section for those 
unexpected control device system malfunctions that would require the 
control device not to meet the requirements of Sec. 264.1087 (c)(1)(i), 
(c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.

[[Page 442]]

    (A) The occurrence and duration of each malfunction of the control 
device system.
    (B) The duration of each period during a malfunction when gases, 
vapors, or fumes are vented from the waste management unit through the 
closed-vent system to the control device while the control device is not 
properly functioning.
    (C) Actions taken during periods of malfunction to restore a 
malfunctioning control device to its normal or usual manner of 
operation.
    (vii) Records of the management of carbon removed from a carbon 
adsorption system conducted in accordance with Sec. 264.1087(c)(3)(ii) 
of this subpart.
    (f) The owner or operator of a tank, surface impoundment, or 
container exempted from standards in accordance with the provisions of 
Sec. 264.1082(c) of this subpart shall prepare and maintain the 
following records, as applicable:
    (1) For tanks, surface impoundments, and containers exempted under 
the hazardous waste organic concentration conditions specified in Sec. 
264.1082(c)(1) or Sec. Sec. 264.1082(c)(2)(i) through (c)(2)(vi) of 
this subpart, the owner or operator shall record the information used 
for each waste determination (e.g., test results, measurements, 
calculations, and other documentation) in the facility operating log. If 
analysis results for waste samples are used for the waste determination, 
then the owner or operator shall record the date, time, and location 
that each waste sample is collected in accordance with applicable 
requirements of Sec. 264.1083 of this subpart.
    (2) For tanks, surface impoundments, or containers exempted under 
the provisions of Sec. 264.1082(c)(2)(vii) or Sec. 
264.1082(c)(2)(viii) of this subpart, the owner or operator shall record 
the identification number for the incinerator, boiler, or industrial 
furnace in which the hazardous waste is treated.
    (g) An owner or operator designating a cover as ``unsafe to inspect 
and monitor'' pursuant to Sec. 264.1084(l) or Sec. 264.1085(g) of this 
subpart shall record in a log that is kept in the facility operating 
record the following information: The identification numbers for waste 
management units with covers that are designated as ``unsafe to inspect 
and monitor,'' the explanation for each cover stating why the cover is 
unsafe to inspect and monitor, and the plan and schedule for inspecting 
and monitoring each cover.
    (h) The owner or operator of a facility that is subject to this 
subpart and to the control device standards in 40 CFR part 60, subpart 
VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance 
with the applicable sections of this subpart by documentation either 
pursuant to this subpart, or pursuant to the provisions of 40 CFR part 
60, subpart VV or 40 CFR part 61, subpart V, to the extent that the 
documentation required by 40 CFR parts 60 or 61 duplicates the 
documentation required by this section.
    (i) For each tank or container not using air emission controls 
specified in Sec. Sec. 264.1084 through 264.1087 of this subpart in 
accordance with the conditions specified in Sec. 264.1080(d) of this 
subpart, the owner or operator shall record and maintain the following 
information:
    (1) A list of the individual organic peroxide compounds manufactured 
at the facility that meet the conditions specified in Sec. 
264.1080(d)(1).
    (2) A description of how the hazardous waste containing the organic 
peroxide compounds identified in paragraph (i)(1) of this section are 
managed at the facility in tanks and containers. This description shall 
include:
    (i) For the tanks used at the facility to manage this hazardous 
waste, sufficient information shall be provided to describe for each 
tank: A facility identification number for the tank; the purpose and 
placement of this tank in the management train of this hazardous waste; 
and the procedures used to ultimately dispose of the hazardous waste 
managed in the tanks.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to describe: A facility 
identification number for the container or group of containers; the 
purpose and placement of this container, or group of containers, in the 
management train of this hazardous waste; and the procedures used to 
ultimately dispose of the hazardous waste handled in the containers.

[[Page 443]]

    (3) An explanation of why managing the hazardous waste containing 
the organic peroxide compounds identified in paragraph (i)(1) of this 
section in the tanks and containers as described in paragraph (i)(2) of 
this section would create an undue safety hazard if the air emission 
controls, as required under Sec. Sec. 264.1084 through 264.1087 of this 
subpart, are installed and operated on these waste management units. 
This explanation shall include the following information:
    (i) For tanks used at the facility to manage these hazardous wastes, 
sufficient information shall be provided to explain: How use of the 
required air emission controls on the tanks would affect the tank design 
features and facility operating procedures currently used to prevent an 
undue safety hazard during the management of this hazardous waste in the 
tanks; and why installation of safety devices on the required air 
emission controls, as allowed under this subpart, will not address those 
situations in which evacuation of tanks equipped with these air emission 
controls is necessary and consistent with good engineering and safety 
practices for handling organic peroxides.
    (ii) For containers used at the facility to manage these hazardous 
wastes, sufficient information shall be provided to explain: How use of 
the required air emission controls on the containers would affect the 
container design features and handling procedures currently used to 
prevent an undue safety hazard during the management of this hazardous 
waste in the containers; and why installation of safety devices on the 
required air emission controls, as allowed under this subpart, will not 
address those situations in which evacuation of containers equipped with 
these air emission controls is necessary and consistent with good 
engineering and safety practices for handling organic peroxides.
    (j) For each hazardous waste management unit not using air emission 
controls specified in Sec. Sec. 264.1084 through 264.1087 of this 
subpart in accordance with the requirements of Sec. 264.1080(b)(7) of 
this subpart, the owner and operator shall record and maintain the 
following information:
    (1) Certification that the waste management unit is equipped with 
and operating air emission controls in accordance with the requirements 
of an applicable Clean Air Act regulation codified under 40 CFR part 60, 
part 61, or part 63.
    (2) Identification of the specific requirements codified under 40 
CFR part 60, part 61, or part 63 with which the waste management unit is 
in compliance.

[61 FR 59966, Nov. 25, 1996, as amended at 62 FR 64660, Dec. 8, 1997]