[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: 40CFR61.356]

[Page 218-224]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
   Subpart FF_National Emission Standard for Benzene Waste Operations
 
Sec. 61.356  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to the provisions 
of this subpart shall comply with the recordkeeping requirements of this 
section. Each record shall be maintained in a readily accessible 
location at the facility site for a period not less than two years from 
the date the information is recorded unless otherwise specified.
    (b) Each owner or operator shall maintain records that identify each 
waste stream at the facility subject to this subpart, and indicate 
whether or

[[Page 219]]

not the waste stream is controlled for benzene emissions in accordance 
with this subpart. In addition the owner or operator shall maintain the 
following records:
    (1) For each waste stream not controlled for benzene emissions in 
accordance with this subpart, the records shall include all test 
results, measurements, calculations, and other documentation used to 
determine the following information for the waste stream: waste stream 
identification, water content, whether or not the waste stream is a 
process wastewater stream, annual waste quantity, range of benzene 
concentrations, annual average flow-weighted benzene concentration, and 
annual benzene quantity.
    (2) For each waste stream exempt from Sec. 61.342(c)(1) in 
accordance with Sec. 61.342(c)(3), the records shall include:
    (i) All measurements, calculations, and other documentation used to 
determine that the continuous flow of process wastewater is less than 
0.02 liters (0.005 gallons) per minute or the annual waste quantity of 
process wastewater is less than 10 Mg/yr (11 ton/yr) in accordance with 
Sec. 61.342(c)(3)(i), or
    (ii) All measurements, calculations, and other documentation used to 
determine that the sum of the total annual benzene quantity in all 
exempt waste streams does not exceed 2.0 Mg/yr (2.2 ton/yr) in 
accordance with Sec. 61.342(c)(3)(ii).
    (3) For each facility where process wastewater streams are 
controlled for benzene emissions in accordance with Sec. 61.342(d) of 
this subpart, the records shall include for each treated process 
wastewater stream all measurements, calculations, and other 
documentation used to determine the annual benzene quantity in the 
process wastewater stream exiting the treatment process.
    (4) For each facility where waste streams are controlled for benzene 
emissions in accordance with Sec. 61.342(e), the records shall include 
for each waste stream all measurements, including the locations of the 
measurements, calculations, and other documentation used to determine 
that the total benzene quantity does not exceed 6.0 Mg/yr (6.6 ton/yr).
    (5) For each facility where the annual waste quantity for process 
unit turnaround waste is determined in accordance with Sec. 
61.355(b)(5), the records shall include all test results, measurements, 
calculations, and other documentation used to determine the following 
information: identification of each process unit at the facility that 
undergoes turnarounds, the date of the most recent turnaround for each 
process unit, identification of each process unit turnaround waste, the 
water content of each process unit turnaround waste, the annual waste 
quantity determined in accordance with Sec. 61.355(b)(5), the range of 
benzene concentrations in the waste, the annual average flow-weighted 
benzene concentration of the waste, and the annual benzene quantity 
calculated in accordance with Sec. 61.355(a)(1)(iii) of this section.
    (6) For each facility where wastewater streams are controlled for 
benzene emissions in accordance with Sec. 61.348(b)(2), the records 
shall include all measurements, calculations, and other documentation 
used to determine the annual benzene content of the waste streams and 
the total annual benzene quantity contained in all waste streams managed 
or treated in exempt waste management units.
    (c) An owner or operator transferring waste off-site to another 
facility for treatment in accordance with Sec. 61.342(f) shall maintain 
documentation for each offsite waste shipment that includes the 
following information: Date waste is shipped offsite, quantity of waste 
shipped offsite, name and address of the facility receiving the waste, 
and a copy of the notice sent with the waste shipment.
    (d) An owner or operator using control equipment in accordance with 
Sec. Sec. 61.343 through 61.347 shall maintain engineering design 
documentation for all control equipment that is installed on the waste 
management unit. The documentation shall be retained for the life of the 
control equipment. If a control device is used, then the owner or 
operator shall maintain the control device records required by paragraph 
(f) of this section.

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    (e) An owner or operator using a treatment process or wastewater 
treatment system unit in accordance with Sec. 61.348 of this subpart 
shall maintain the following records. The documentation shall be 
retained for the life of the unit.
    (1) A statement signed and dated by the owner or operator certifying 
that the unit is designed to operate at the documented performance level 
when the waste stream entering the unit is at the highest waste stream 
flow rate and benzene content expected to occur.
    (2) If engineering calculations are used to determine treatment 
process or wastewater treatment system unit performance, then the owner 
or operator shall maintain the complete design analysis for the unit. 
The design analysis shall include for example the following information: 
Design specifications, drawings, schematics, piping and instrumentation 
diagrams, and other documentation necessary to demonstrate the unit 
performance.
    (3) If performance tests are used to determine treatment process or 
wastewater treatment system unit performance, then the owner or operator 
shall maintain all test information necessary to demonstrate the unit 
performance.
    (i) A description of the unit including the following information: 
type of treatment process; manufacturer name and model number; and for 
each waste stream entering and exiting the unit, the waste stream type 
(e.g., process wastewater, sludge, slurry, etc.), and the design flow 
rate and benzene content.
    (ii) Documentation describing the test protocol and the means by 
which sampling variability and analytical variability were accounted for 
in the determination of the unit performance. The description of the 
test protocol shall include the following information: sampling 
locations, sampling method, sampling frequency, and analytical 
procedures used for sample analysis.
    (iii) Records of unit operating conditions during each test run 
including all key process parameters.
    (iv) All test results.
    (4) If a control device is used, then the owner or operator shall 
maintain the control device records required by paragraph (f) of this 
section.
    (f) An owner or operator using a closed-vent system and control 
device in accordance with Sec. 61.349 of this subpart shall maintain 
the following records. The documentation shall be retained for the life 
of the control device.
    (1) A statement signed and dated by the owner or operator certifying 
that the closed-vent system and control device is designed to operate at 
the documented performance level when the waste management unit vented 
to the control device is or would be operating at the highest load or 
capacity expected to occur.
    (2) If engineering calculations are used to determine control device 
performance in accordance with Sec. 61.349(c), then a design analysis 
for the control device that includes for example:
    (i) Specifications, drawings, schematics, and piping and 
instrumentation diagrams prepared by the owner or operator, or the 
control device manufacturer or vendor that describe the control device 
design based on acceptable engineering texts. The design analysis shall 
address the following vent stream characteristics and control device 
operating parameters:
    (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 flame zone.

[[Page 221]]

    (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 40 CFR 60.18.
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentration, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level or the design outlet 
benzene concentration level, design average temperature of the condenser 
exhaust vent stream, and the design average temperatures of the coolant 
fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design analysis shall consider the vent stream composition, constituent 
concentration, flow rate, relative humidity, and temperature. The design 
analysis shall also establish the design exhaust vent stream organic 
compound concentration level or the design exhaust vent stream benzene 
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 that does not regenerate the 
carbon bed directly on-site in the control device, such as a carbon 
canister, the design analysis shall consider the vent stream 
composition, constituent concentration, flow rate, relative humidity, 
and temperature. The design analysis shall also establish the design 
exhaust vent stream organic compound concentration level or the design 
exhaust vent stream benzene 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.
    (H) For a control device subject to the requirements of Sec. 
61.349(a)(2)(iv), the design analysis shall consider the vent stream 
composition, constituent concentration, and flow rate. The design 
analysis shall also include all of the information submitted under Sec. 
61.349 (a)(2)(iv).
    (ii) [Reserved]
    (3) If performance tests are used to determine control device 
performance in accordance with Sec. 61.349(c) of this subpart:
    (i) A description of how it is determined that the test is conducted 
when the waste management unit or treatment process is operating at the 
highest load or capacity level. This description shall include the 
estimated or design flow rate and organic content of each vent stream 
and definition of the acceptable operating ranges of key process and 
control parameters during the test program.
    (ii) A description of the control device including the type of 
control device, control device manufacturer's name and model number, 
control device dimensions, capacity, and construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (iv) All test results.
    (g) An owner or operator shall maintain a record for each visual 
inspection required by Sec. Sec. 61.343 through 61.347 of this subpart 
that identifies a problem (such as a broken seal, gap or other problem) 
which could result in benzene emissions. The record shall include the 
date of the inspection, waste management unit and control equipment 
location where the problem is identified, a description of the problem, 
a description of the corrective action taken, and the date the 
corrective action was completed.
    (h) An owner or operator shall maintain a record for each test of no 
detectable emissions required by Sec. Sec. 61.343

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through 61.347 and Sec. 61.349 of this subpart. The record shall 
include the following information: date the test is performed, 
background level measured during test, and maximum concentration 
indicated by the instrument reading measured for each potential leak 
interface. If detectable emissions are measured at a leak interface, 
then the record shall also include the waste management unit, control 
equipment, and leak interface location where detectable emissions were 
measured, a description of the problem, a description of the corrective 
action taken, and the date the corrective action was completed.
    (i) For each treatment process and wastewater treatment system unit 
operated to comply with Sec. 61.348, the owner or operator shall 
maintain documentation that includes the following information regarding 
the unit operation:
    (1) Dates of startup and shutdown of the unit.
    (2) If measurements of waste stream benzene concentration are 
performed in accordance with Sec. 61.354(a)(1) of this subpart, the 
owner or operator shall maintain records that include date each test is 
performed and all test results.
    (3) If a process parameter is continuously monitored in accordance 
with Sec. 61.354(a)(2) of this subpart, the owner or operator shall 
maintain records that include a description of the operating parameter 
(or parameters ) to be monitored to ensure that the unit will be 
operated in conformance with these standards and the unit's design 
specifications, and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the unit.
    (4) If measurements of waste stream benzene concentration are 
performed in accordance with Sec. 61.354(b), the owner or operator 
shall maintain records that include the date each test is performed and 
all test results.
    (5) Periods when the unit is not operated as designed.
    (j) For each control device, the owner or operator shall maintain 
documentation that includes the following information regarding the 
control device operation:
    (1) Dates of startup and shutdown of the closed-vent system and 
control device.
    (2) A description of the operating parameter (or parameters ) to be 
monitored to ensure that the control device will be operated in 
conformance with these standards and the control device's design 
specifications and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the control device.
    (3) Periods when the closed-vent system and control device are not 
operated as designed including all periods and the duration when:
    (i) Any valve car-seal or closure mechanism required under Sec. 
61.349(a)(1)(ii) is broken or the by-pass line valve position has 
changed.
    (ii) The flow monitoring devices required under Sec. 
61.349(a)(1)(ii) indicate that vapors are not routed to the control 
device as required.
    (4) If a thermal vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream in the combustion zone of the incinerator and records of all 3-
hour periods of operation during which the average temperature of the 
gas stream in the combustion zone is more than 28 [deg]C (50 [deg]F) 
below the design combustion zone temperature.
    (5) If a catalytic vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream both upstream and downstream of the catalyst bed of the 
incinerator, records of all 3-hour periods of operation during which the 
average temperature measured before the catalyst bed is more than 28 
[deg]C (50 [deg]F) below the design gas stream temperature, and records 
of all 3-hour periods of operation during which the average temperature 
difference across the catalyst bed is less than 80 percent of the design 
temperature difference.
    (6) If a boiler or process heater is used, then the owner or 
operator shall maintain records of each occurrence when there is a 
change in the location at which the vent stream is introduced into the 
flame zone as required by

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Sec. 61.349(a)(2)(i)(C). For a boiler or process heater having a design 
heat input capacity less than 44 MW (150 x 106 BTU/hr), the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream in the combustion zone of the boiler or process heater and 
records of all 3-hour periods of operation during which the average 
temperature of the gas stream in the combustion zone is more than 28 
[deg]C (50 [deg]F) below the design combustion zone temperature. For a 
boiler or process heater having a design heat input capacity greater 
than or equal to 44 MW (150 x 106 BTU/hr), the owner or operator shall 
maintain continuous records of the parameter(s) monitored in accordance 
with the requirements of Sec. 61.354(c)(5).
    (7) If a flare is used, then the owner or operator shall maintain 
continuous records of the flare pilot flame monitoring and records of 
all periods during which the pilot flame is absent.
    (8) If a condenser is used, then the owner or operator shall 
maintain records from the monitoring device of the parameters selected 
to be monitored in accordance with Sec. 61.354(c)(6). If concentration 
of organics or concentration of benzene in the control device outlet gas 
stream is monitored, then the owner or operator shall record all 3-hour 
periods of operation during which the concentration of organics or the 
concentration of benzene in the exhaust stream is more than 20 percent 
greater than the design value. If the temperature of the condenser 
exhaust stream and coolant fluid is monitored, then the owner or 
operator shall record all 3-hour periods of operation during which the 
temperature of the condenser exhaust vent stream is more than 6 [deg]C 
(11 [deg]F) above the design average exhaust vent stream temperature, or 
the temperature of the coolant fluid exiting the condenser is more than 
6 [deg]C (11 [deg]F) above the design average coolant fluid temperature 
at the condenser outlet.
    (9) If a carbon adsorber is used, then the owner or operator shall 
maintain records from the monitoring device of the concentration of 
organics or the concentration of benzene in the control device outlet 
gas stream. If the concentration of organics or the concentration of 
benzene in the control device outlet gas stream is monitored, then the 
owner or operator shall record all 3-hour periods of operation during 
which the concentration of organics or the concentration of benzene in 
the exhaust stream is more than 20 percent greater than the design 
value. If the carbon bed regeneration interval is monitored, then the 
owner or operator shall record each occurrence when the vent stream 
continues to flow through the control device beyond the predetermined 
carbon bed regeneration time.
    (10) If a carbon adsorber that is not regenerated directly on site 
in the control device is used, then the owner or operator shall maintain 
records of dates and times when the control device is monitored, when 
breakthrough is measured, and shall record the date and time then the 
existing carbon in the control device is replaced with fresh carbon.
    (11) If an alternative operational or process parameter is monitored 
for a control device, as allowed in Sec. 61.354(e) of this subpart, 
then the owner or operator shall maintain records of the continuously 
monitored parameter, including periods when the device is not operated 
as designed.
    (12) If a control device subject to the requirements of Sec. 
61.349(a)(2)(iv) is used, then the owner or operator shall maintain 
records of the parameters that are monitored and each occurrence when 
the parameters monitored are outside the range of values specified in 
Sec. 61.349(a)(2)(iv)(C), or other records as specified by the 
Administrator.
    (k) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.351 of this subpart shall comply with the 
recordkeeping requirements in 40 CFR 60.115b.
    (l) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.352 of this subpart shall maintain records 
of the following:
    (1) The date, location, and corrective action for each visual 
inspection required by 40 CFR 60.693-2(a)(5), during which a broken 
seal, gap, or other problem is identified that could result in benzene 
emissions.
    (2) Results of the seal gap measurements required by 40 CFR 60.693-
2(a).

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    (m) If a system is used for emission control that is maintained at a 
pressure less than atmospheric pressure with openings to provide 
dilution air, then the owner or operator shall maintain records of the 
monitoring device and records of all periods during which the pressure 
in the unit is operated at a pressure that is equal to or greater than 
atmospheric pressure.
    (n) Each owner or operator using a total enclosure to comply with 
control requirements for tanks in Sec. 61.343 or the control 
requirements for containers in Sec. 61.345 must keep the records 
required in paragraphs (n)(1) and (2) of this section. Owners or 
operators may use records as required in 40 CFR 264.1089(b)(2)(iv) or 40 
CFR 265.1090(b)(2)(iv) for a tank or as required in 40 CFR 
264.1089(d)(1) or 40 CFR 265.1090(d)(1) for a container to meet the 
recordkeeping requirement in paragraph (n)(1) of this section. The owner 
or operator must make the records of each verification of a total 
enclosure available for inspection upon request.
    (1) Records of the most recent set of calculations and measurements 
performed 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'' in 40 CFR 
52.741, appendix B;
    (2) Records required for a closed-vent system and control device 
according to the requirements in paragraphs (d) (f), and (j) of this 
section.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990; 55 FR 18331, May 
2, 1990, as amended at 58 FR 3103, Jan. 7, 1993; 65 FR 62161, Oct. 17, 
2000; 67 FR 68533, Nov. 12, 2002]