[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.138]

[Page 87-88]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart L_National Emission Standard for Benzene Emissions from Coke By-
                         Product Recovery Plants
 
Sec. 61.138  Recordkeeping and reporting requirements.

    (a) The following information pertaining to the design of control 
equipment installed to comply with Sec. Sec. 61.132 through 61.134 
shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (b) The following information pertaining to sources subject to Sec. 
61.132 and sources subject to Sec. 61.133 shall be recorded and 
maintained for 2 years following each semiannual (and other) inspection 
and each annual maintenance inspection:
    (1) The date of the inspection and the name of the inspector.
    (2) A brief description of each visible defect in the source or 
control equipment and the method and date of repair of the defect.
    (3) The presence of a leak, as measured using the method described 
in Sec. 61.245(c). The record shall include the date of attempted and 
actual repair and method of repair of the leak.
    (4) A brief description of any system abnormalities found during the 
annual maintenance inspection, the repairs made, the date of attempted 
repair, and the date of actual repair.
    (c) Each owner or operator of a source subject to Sec. 61.135 shall 
comply with Sec. 61.246.
    (d) For foundry coke by-product recovery plants, the annual coke 
production of both furnace and foundry coke shall be recorded and 
maintained for 2 years following each determination.
    (e)(1) An owner or operator of any source to which this subpart 
applies shall submit a statement in writing notifying the Administrator 
that the requirements of this subpart and 40 CFR 61, subpart V, have 
been implemented.
    (2) In the case of an existing source or a new source that has an 
initial startup date preceding the effective date, the statement is to 
be submitted within 90 days of the effective date, unless a waiver of 
compliance is granted under Sec. 61.11, along with the information 
required under Sec. 61.10. If a waiver of compliance is granted, the 
statement is to be submitted on a date scheduled by the Administrator.
    (3) In the case of a new source that did not have an initial startup 
date preceding the effective date, the statement shall be submitted with 
the application for approval of construction, as described under Sec. 
61.07.
    (4) The statement is to contain the following information for each 
source:
    (i) Type of source (e.g., a light-oil sump or pump).
    (ii) For equipment in benzene service, equipment identification 
number and process unit identification: percent by weight benzene in the 
fluid at the equipment; and process fluid state in the equipment (gas/
vapor or liquid).
    (iii) Method of compliance with the standard (e.g., ``gas 
blanketing,'' ``monthly leak detection and repair,'' or ``equipped with 
dual mechanical seals''). This includes whether the plant plans to be a 
furnace or foundry coke by-product recovery plant for the purposes of 
Sec. 61.132(d).
    (f) A report shall be submitted to the Administrator semiannually 
starting 6

[[Page 88]]

months after the initial reports required in Sec. 61.138(e) and Sec. 
61.10, which includes the following information:
    (1) For sources subject to Sec. 61.132 and sources subject to Sec. 
61.133,
    (i) A brief description of any visible defect in the source or 
ductwork,
    (ii) The number of leaks detected and repaired, and
    (iii) A brief description of any system abnormalities found during 
each annual maintenance inspection that occurred in the reporting period 
and the repairs made.
    (2) For equipment in benzene service subject to Sec. 61.135(a), 
information required by Sec. 61.247(b).
    (3) For each exhauster subject to Sec. 61.135 for each quarter 
during the semiannual reporting period,
    (i) The number of exhausters for which leaks were detected as 
described in Sec. 61.135 (d) and (e)(5),
    (ii) The number of exhausters for which leaks were repaired as 
required in Sec. 61.135 (d) and (e)(6),
    (iii) The results of performance tests to determine compliance with 
Sec. 61.135(g) conducted within the semiannual reporting period.
    (4) A statement signed by the owner or operator stating whether all 
provisions of 40 CFR part 61, subpart L, have been fulfilled during the 
semiannual reporting period.
    (5) For foundry coke by-product recovery plants, the annual coke 
production of both furnace and foundry coke, if determined during the 
reporting period.
    (6) Revisions to items reported according to paragraph (e) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.
    Note: Compliance with the requirements of Sec. 61.10(c) is not 
required for revisions documented under this paragraph.
    (g) In the first report submitted as required in Sec. 61.138(e), 
the report shall include a reporting schedule stating the months that 
semiannual reports shall be submitted. Subsequent reports shall be 
submitted according to that schedule unless a revised schedule has been 
submitted in a previous semiannual report.
    (h) An owner or operator electing to comply with the provisions of 
Sec. Sec. 61.243-1 and 61.243-2 shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (i) An application for approval of construction or modification, as 
required under Sec. Sec. 61.05(a) and 61.07, will not be required for 
sources subject to 61.135 if:
    (1) The new source complies with Sec. 61.135, and
    (2) In the next semiannual report required by Sec. 61.138(f), the 
information described in Sec. 61.138(e)(4) is reported.

[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]