[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: 40CFR61.357]

[Page 224-227]
 
                   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. 61.357  Reporting requirements.

    (a) Each owner or operator of a chemical plant, petroleum refinery, 
coke by-product recovery plant, and any facility managing wastes from 
these industries shall submit to the Administrator within 90 days after 
January 7, 1993, or by the initial startup for a new source with an 
initial startup after the effective date, a report that summarizes the 
regulatory status of each waste stream subject to Sec. 61.342 and is 
determined by the procedures specified in Sec. 61.355(c) to contain 
benzene. Each owner or operator subject to this subpart who has no 
benzene onsite in wastes, products, by-products, or intermediates shall 
submit an initial report that is a statement to this effect. For all 
other owners or operators subject to this subpart, the report shall 
include the following information:
    (1) Total annual benzene quantity from facility waste determined in 
accordance with Sec. 61.355(a) of this subpart.
    (2) A table identifying each waste stream and whether or not the 
waste stream will be controlled for benzene emissions in accordance with 
the requirements of this subpart.
    (3) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart 
the following information shall be added to the table:
    (i) Whether or not the water content of the waste stream is greater 
than 10 percent;
    (ii) Whether or not the waste stream is a process wastewater stream, 
product tank drawdown, or landfill leachate;
    (iii) Annual waste quantity for the waste stream;
    (iv) Range of benzene concentrations for the waste stream;
    (v) Annual average flow-weighted benzene concentration for the waste 
stream; and
    (vi) Annual benzene quantity for the waste stream.
    (4) The information required in paragraphs (a) (1), (2), and (3) of 
this section should represent the waste stream characteristics based on 
current configuration and operating conditions. An owner or operator 
only needs to list in the report those waste streams that contact 
materials containing benzene. The report does not need to include a 
description of the controls to be installed to comply with the standard 
or other information required in Sec. 61.10(a).
    (b) If the total annual benzene quantity from facility waste is less 
than 1 Mg/yr (1.1 ton/yr), then the owner or operator shall submit to 
the Administrator a report that updates the information listed in 
paragraphs (a)(1) through (a)(3) of this section whenever

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there is a change in the process generating the waste stream that could 
cause the total annual benzene quantity from facility waste to increase 
to 1 Mg/yr (1.1 ton/yr) or more.
    (c) If the total annual benzene quantity from facility waste is less 
than 10 Mg/yr (11 ton/yr) but is equal to or greater than 1 Mg/yr (1.1 
ton/yr), then the owner or operator shall submit to the Administrator a 
report that updates the information listed in paragraphs (a)(1) through 
(a)(3) of this section. The report shall be submitted annually and 
whenever there is a change in the process generating the waste stream 
that could cause the total annual benzene quantity from facility waste 
to increase to 10 Mg/yr (11 ton/yr) or more. If the information in the 
annual report required by paragraphs (a)(1) through (a)(3) of this 
section is not changed in the following year, the owner or operator may 
submit a statement to that effect.
    (d) If the total annual benzene quantity from facility waste is 
equal to or greater than 10 Mg/yr (11 ton/yr), then the owner or 
operator shall submit to the Administrator the following reports:
    (1) Within 90 days after January 7, 1993, unless a waiver of 
compliance under Sec. 61.11 of this part is granted, or by the date of 
initial startup for a new source with an initial startup after the 
effective date, a certification that the equipment necessary to comply 
with these standards has been installed and that the required initial 
inspections or tests have been carried out in accordance with this 
subpart. If a waiver of compliance is granted under Sec. 61.11, the 
certification of equipment necessary to comply with these standards 
shall be submitted by the date the waiver of compliance expires.
    (2) Beginning on the date that the equipment necessary to comply 
with these standards has been certified in accordance with paragraph 
(d)(1) of this section, the owner or operator shall submit annually to 
the Administrator a report that updates the information listed in 
paragraphs (a)(1) through (a)(3) of this section. If the information in 
the annual report required by paragraphs (a)(1) through (a)(3) of this 
section is not changed in the following year, the owner or operator may 
submit a statement to that effect.
    (3) If an owner or operator elects to comply with the requirements 
of Sec. 61.342(c)(3)(ii), then the report required by paragraph (d)(2) 
of this section shall include a table identifying each waste stream 
chosen for exemption and the total annual benzene quantity in these 
exempted streams.
    (4) If an owner or operator elects to comply with the alternative 
requirements of Sec. 61.342(d) of this subpart, then he shall include 
in the report required by paragraph (d)(2) of this section a table 
presenting the following information for each process wastewater stream:
    (i) Whether or not the process wastewater stream is being controlled 
for benzene emissions in accordance with the requirements of this 
subpart;
    (ii) For each process wastewater stream identified as not being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the point of waste 
generation: annual waste quantity, range of benzene concentrations, 
annual average flow-weighted benzene concentration, and annual benzene 
quantity;
    (iii) For each process wastewater stream identified as being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the exit to the treatment 
process: Annual waste quantity, range of benzene concentrations, annual 
average flow-weighted benzene concentration, and annual benzene 
quantity.
    (5) If an owner or operator elects to comply with the alternative 
requirements of Sec. 61.342(e), then the report required by paragraph 
(d)(2) of this section shall include a table presenting the following 
information for each waste stream:
    (i) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information

[[Page 226]]

for the waste stream as determined at the point of waste generation: 
annual waste quantity, range of benzene concentrations, annual average 
flow-weighted benzene concentration, and annual benzene quantity;
    (ii) For each waste stream identified as being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information for the waste stream as 
determined at the applicable location described in Sec. 61.355(k)(2): 
Annual waste quantity, range of benzene concentrations, annual average 
flow-weighted benzene concentration, and annual benzene quantity.
    (6) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit 
quarterly to the Administrator a certification that all of the required 
inspections have been carried out in accordance with the requirements of 
this subpart.
    (7) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit a 
report quarterly to the Administrator that includes:
    (i) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(a)(1) of this subpart, then 
each period of operation during which the concentration of benzene in 
the monitored waste stream exiting the unit is equal to or greater than 
10 ppmw.
    (ii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(a)(2) of this subpart, then 
each 3-hour period of operation during which the average value of the 
monitored parameter is outside the range of acceptable values or during 
which the unit is not operating as designed.
    (iii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec. 61.354(b), then each period of 
operation during which the flow-weighted annual average concentration of 
benzene in the monitored waste stream entering the unit is equal to or 
greater than 10 ppmw and/or the total annual benzene quantity is equal 
to or greater than 1.0 mg/yr.
    (iv) For a control device monitored in accordance with Sec. 
61.354(c) of this subpart, each period of operation monitored during 
which any of the following conditions occur, as applicable to the 
control device:
    (A) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a thermal vapor 
incinerator, as measured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the design combustion zone temperature.
    (B) Each 3-hour period of operation during which the average 
temperature of the gas stream immediately before the catalyst bed of a 
catalytic vapor incinerator, as measured by the temperature monitoring 
device, is more than 28 [deg]C (50 [deg]F) below the design gas stream 
temperature, and any 3-hour period during which the average temperature 
difference across the catalyst bed (i.e., the difference between the 
temperatures of the gas stream immediately before and after the catalyst 
bed), as measured by the temperature monitoring device, is less than 80 
percent of the design temperature difference.
    (C) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a boiler or 
process heater having a design heat input capacity less than 44 MW (150 
x 106 BTU/hr), as mesured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the design combustion zone temperature.
    (D) Each 3-hour period of operation during which the average 
concentration of organics or the average concentration of benzene in the 
exhaust gases from a carbon adsorber, condenser, or other vapor recovery 
system is more than 20 percent greater than the design concentration 
level of organics or benzene in the exhaust gas.
    (E) Each 3-hour period 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,

[[Page 227]]

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.
    (F) Each period in which the pilot flame of a flare is absent.
    (G) Each occurrence when there is a change in the location at which 
the vent stream is introduced into the flame zone of a boiler or process 
heater as required by Sec. 61.349(a)(2)(i)(C) of this subpart.
    (H) Each occurrence when the carbon in a carbon adsorber system that 
is regenerated directly on site in the control device is not regenerated 
at the predetermined carbon bed regeneration time.
    (I) Each occurrence when the carbon in a carbon adsorber system that 
is not regenerated directly on site in the control device is not 
replaced at the predetermined interval specified in Sec. 61.354(c) of 
this subpart.
    (J) Each 3-hour period of operation during which the parameters 
monitored are outside the range of values specified in Sec. 
61.349(a)(2)(iv)(C), or any other periods specified by the Administrator 
for a control device subject to the requirements of Sec. 
61.349(a)(2)(iv).
    (v) For a cover and closed-vent system monitored in accordance with 
Sec. 61.354(g), the owner or operator shall submit a report quarterly 
to the Administrator that identifies any period in which the pressure in 
the waste management unit is equal to or greater than atmospheric 
pressure.
    (8) Beginning one year after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit 
annually to the Administrator a report that summarizes all inspections 
required by Sec. Sec. 61.342 through 61.354 during which detectable 
emissions are measured or a problem (such as a broken seal, gap or other 
problem) that could result in benzone emissions is identified, including 
information about the repairs or corrective action taken.
    (e) An owner or operator electing to comply with the provisions of 
Sec. Sec. 61.351 or 61.352 of this subpart shall notify the 
Administrator of the alternative standard selected in the report 
required under Sec. 61.07 or Sec. 61.10 of this part.
    (f) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.351 of this subpart shall comply with the 
reporting requirements in 40 CFR 60.115b.
    (g) An owner or operator who elects to install and operate the 
control equipment in Sec. 61.352 of this subpart shall submit initial 
and quarterly reports that identify all seal gap measurements, as 
required in 40 CFR 60.693-2(a), that are outside the prescribed limits.

[55 FR 8346, Mar. 7 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 FR 
37231, Sept. 10, 1990; 58 FR 3105, Jan. 7, 1993; 65 FR 62161, Oct. 17, 
2000]