[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: 40CFR61.305]

[Page 188-190]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart BB_National Emission Standard for Benzene Emissions From Benzene 
                           Transfer Operations
 
Sec. 61.305  Reporting and recordkeeping.

    (a) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep an up-to-date, readily accessible 
record of the following data measured during each performance test, and 
also include the following data in the report of the initial performance 
test required under Sec. 61.13. Where a steam generating unit or 
process heater with a design heat input capacity of 44 MW (150 x 10\6\ 
BTU/hr) or greater is used to comply with Sec. 61.302(b), a report 
containing performance test data need not be submitted, but a report 
containing the information in Sec. 61.305(a)(3)(i) is required.
    (1) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through use of an incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed), 
measured at least every 2 minutes during a loading cycle if the total 
time period of the loading cycle is less than 3 hours and every 15 
minutes if the total time period of the loading cycle is equal to or 
greater than 3 hours. The measured temperature shall be averaged over 
the loading cycle.
    (ii) The percent reduction of benzene determined as specified in 
Sec. 61.304(a) achieved by the incinerator.
    (iii) The duration of the loading cycle.
    (2) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302 (b) and (c) through use of a 
smokeless flare or other flare design (i.e., steam-assisted, air-
assisted or nonassisted), all visible emission readings, heat content 
determination, flow rate measurements, maximum permitted velocity 
calculations, and exit velocity determinations made during the 
performance test, continuous records of the flare pilot flame monitoring 
measured continuously during the loading cycle, duration of all loading 
cycles and records of all loading cycles during which the pilot flame is 
absent for each vent stream.
    (3) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through the use of a steam 
generating unit or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the steam generating unit or process heater.
    (ii) The average combustion temperature of the steam generating unit 
or process heater with a design heat input capacity of less than 44 MW 
(150 x 10\6\ BTU/hr), measured with the following frequency: at least 
every 2 minutes during a loading cycle if the total time period of the 
loading cycle is less than 3 hours, and every 15 minutes if the total 
time period of the loading cycle is equal to or greater than 3 hours. 
The measured temperature shall be averaged over the loading cycle.
    (iii) The duration of the loading cycle.
    (4) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec. 61.302(b) through the use of a carbon 
adsorption system, the control efficiency, R, of the carbon adsorption 
system, and all supporting performance test data and calculations used 
to determine that value.
    (5) Each owner or operator subject to the provisions of this subpart 
shall submit with the initial performance test an engineering report 
describing in detail the vent system used to vent each affected vent 
stream to a control device. This report shall include all valves and 
vent pipes that could vent

[[Page 189]]

the stream to the atmosphere, thereby bypassing the control device, and 
identify which valves are car-sealed opened and which valves are car-
sealed closed.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec. 
61.303 (a), (c), and (d) as well as up-to-date, readily accessible 
records of periods of operation during which the parameter boundaries 
established during the most recent performance test are exceeded. The 
Administrator may at any time require a report of these data. Periods of 
operation during which the parameter boundaries established during the 
most recent performance tests are exceeded are defined as follows:
    (1) For thermal incinerators, all loading cycles during which the 
average combustion temperature was more than 28 [deg]C (50 [deg]F) below 
the average loading cycle combustion temperature during the most recent 
performance test at which compliance with Sec. 61.302(b) was 
determined.
    (2) For catalytic incinerators, all loading cycles during which the 
average temperature of the vent stream immediately before the catalyst 
bed is more than 28 [deg]C (50 [deg]F) below the average temperature of 
the process vent stream during loading cycles during the most recent 
performance test at which compliance with Sec. 61.302(b) was 
determined.
    (3) All loading cycles during which the average combustion 
temperature was more than 28 [deg]C (50 [deg]F) below the average 
combustion temperature during the most recent performance test at which 
compliance with Sec. 61.302(b) was determined for steam generating 
units or process heaters with a design heat input capacity of less than 
44 MW (150 x 10\6\ BTU/hr).
    (4) For steam generating units or process heaters, whenever there is 
a change in the location at which the vent stream is introduced into the 
flame zone as required under Sec. 61.302(b).
    (5) For carbon adsorbers, all 3-hour periods of operation during 
which the average VOC concentration or reading of organics in the 
exhaust gases is more than 20 percent greater than the average exhaust 
gas concentration or reading measured by the organics monitoring device 
during the most recent determination of the recovery efficiency of the 
carbon adsorber that demonstrated that the facility was in compliance.
    (c) If a vent system containing valves that could divert the 
emission stream away from the control device is used, each owner or 
operator subject to the provisions of this subpart shall keep for at 
least 2 years up-to-date, readily accessible continuous records of:
    (1) All periods when flow is indicated if flow indicators are 
installed under Sec. 61.303(g)(1).
    (2) All times when maintenance is performed on car-sealed valves, 
when the car seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device) if valves 
are monitored under Sec. 60.303(g)(2).
    (d) Each owner or operator of an affected facility subject to the 
provisions of this subpart who uses a steam generating unit or process 
heater with a design heat input capacity of 44 MW (150 x 10\6\ BTU/hr) 
or greater to comply with Sec. 61.302(b) shall keep an up-to-date, 
readily accessible record of all periods of operation of the steam 
generating unit or process heater. Examples of such records could 
include records of steam use, fuel use, or monitoring data collected 
pursuant to other State or Federal regulatory requirements.
    (e) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the flare pilot flame monitoring specified under Sec. 
61.303(b), as well as up-to-date, readily accessible records of any 
absence of the pilot flame during a loading cycle.
    (f) Each owner or operator of an affected facility subject to the 
requirements of Sec. 61.302 shall submit to the Administrator quarterly 
reports of the following information. The owner or operator shall submit 
the initial report within 90 days after the effective date of this 
subpart or 90 days after startup

[[Page 190]]

for a source that has an initial startup date after the effective date.
    (1) Periods of operation where there were exceedances of monitored 
parameters recorded under Sec. 61.305(b).
    (2) All periods recorded under Sec. 61.305(c)(1) when the vent 
stream is diverted from the control device.
    (3) All periods recorded under Sec. 61.305(d) when the steam 
generating unit or process heater was not operating.
    (4) All periods recorded under Sec. 61.305(e) in which the pilot 
flame of the flare was absent.
    (5) All times recorded under Sec. 61.305(c)(2) when maintenance is 
performed on car-sealed valves, when the car seal is broken, and when 
the valve position is changed.
    (g) The owner or operator of an affected facility shall keep the 
vapor-tightness documentation required under Sec. 61.302 (d) and (e) on 
file at the affected facility in a permanent form available for 
inspection.
    (h) The owner or operator of an affected facility shall update the 
documentation file required under Sec. 61.302 (d) and (e) for each tank 
truck, railcar, or marine vessel at least once per year to reflect 
current test results as determined by the appropriate method. The owner 
or operator shall include, as a minimum, the following information in 
this documentation:
    (1) Test title;
    (2) Tank truck, railcar, or marine vessel owner and address;
    (3) Tank truck, railcar, or marine vessel identification number;
    (4) Testing location;
    (5) Date of test;
    (6) Tester name and signature;
    (7) Witnessing inspector: name, signature, and affiliation; and
    (8) Test results, including, for railcars and tank trucks, the 
initial pressure up to which the tank was pressured at the start of the 
test.
    (i) Each owner or operator of an affected facility complying with 
Sec. 61.300(b) or Sec. 61.300(d) shall record the following 
information. The first year after promulgation the owner or operator 
shall submit a report containing the requested information to the 
Director of the Emission Standards Division, (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711. After 
the first year, the owner or operator shall continue to record; however, 
no reporting is required. The information shall be made available if 
requested. The information shall include, as a minimum:
    (1) The affected facility's name and address;
    (2) The weight percent of the benzene loaded;
    (3) The type of vessel loaded (i.e., tank truck, railcar, or marine 
vessel); and
    (4) The annual amount of benzene loaded into each type of vessel.

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]