40 CFR 63.1259 - Recordkeeping requirements.

Status message

There are 3 Updates appearing in the Federal Register for 40 CFR 63. View below or at eCFR (GPOAccess)
§ 63.1259 Recordkeeping requirements.
(a) Requirements of subpart A of this part. The owner or operator of an affected source shall comply with the recordkeeping requirements in subpart A of this part as specified in Table 1 of this subpart and in paragraphs (a)(1) through (5) of this section.
(1) Data retention. Each owner or operator of an affected source shall keep copies of all records and reports required by this subpart for at least 5 years, as specified in § 63.10(b)(1).
(2) Records of applicability determinations. The owner or operator of a stationary source that is not subject to this subpart shall keep a record of the applicability determination, as specified in § 63.10(b)(3).
(3) Malfunction records. Each owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation (i.e., process equipment), air pollution control equipment, or monitoring equipment. Each owner or operator shall maintain records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.1250(g)(3), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation.
(4) Recordkeeping requirements for sources with continuous monitoring systems. The owner or operator of an affected source who elects to install a continuous monitoring system shall maintain records specified in § 63.10(c)(1) through (14).
(5) Application for approval of construction or reconstruction. For new affected sources, each owner or operator shall comply with the provisions in § 63.5 regarding construction and reconstruction, excluding the provisions specified in § 63.5(d)(1)(ii)(H), (d)(2), and (d)(3)(ii).
(b) Records of equipment operation. The owner or operator must keep the following records up-to-date and readily accessible:
(1) Each measurement of a control device operating parameter monitored in accordance with § 63.1258 and each measurement of a treatment process parameter monitored in accordance with § 63.1258(g)(2) and (3).
(2) For processes subject to § 63.1252(e), records of consumption, production, and the rolling average values of the production-indexed HAP and VOC consumption factors.
(3) For each continuous monitoring system used to comply with this subpart, records documenting the completion of calibration checks and maintenance of continuous monitoring systems.
(4) For purposes of compliance with the annual mass limits of § 63.1254(a)(2) and (b)(2), daily records of the rolling annual total emissions.
(5) Records of the following, as appropriate:
(i) For processes that are in compliance with the percent reduction requirements of § 63.1254(a)(1) or (b)(1) and that contain vents controlled to less than the percent reduction requirement, the records specified in paragraphs (b)(5)(i)(A) through (C) of this section are required.
(A) Standard batch uncontrolled and controlled emissions for each process;
(B) Actual uncontrolled and controlled emissions for each nonstandard batch; and
(C) A record whether each batch operated was considered a standard batch.
(ii) For processes in compliance with the annual mass limits of § 63.1254(a)(2) or (b)(2), the following records are required:
(A) The number of batches per year for each batch process;
(B) The operating hours per year for continuous processes;
(C) Standard batch uncontrolled and controlled emissions for each process;
(D) Actual controlled emissions for each batch operated during periods of planned routine maintenance of a CCCD, calculated according to § 63.1258(c).
(E) Actual uncontrolled and controlled emissions for each nonstandard batch;
(F) A record whether each batch operated was considered a standard batch.
(6) Wastewater concentration per POD or process, except as provided in § 63.1256(a)(1)(ii).
(7) Number of storage tank turnovers per year, if used in an emissions average.
(8) A schedule or log of each operating scenario updated daily or, at a minimum, each time a different operating scenario is put into operation.
(9) Description of worst-case operating conditions as required in § 63.1257(b)(8).
(10) Periods of planned routine maintenance as described in §§ 63.1252(h) and 63.1257(c)(5).
(11) If the owner or operator elects to comply with § 63.1253(b) or (c) by installing a floating roof, the owner or operator must keep records of each inspection and seal gap measurement in accordance with § 63.123(c) through (e) as applicable.
(12) If the owner or operator elects to comply with the vapor balancing alternative in § 63.1253(f), the owner or operator must keep records of the DOT certification required by § 63.1253(f)(2) and the pressure relief vent setting and the leak detection records specified in § 63.1253(f)(5).
(13) All maintenance performed on the air pollution control equipment.
(c) Records of operating scenarios. The owner or operator of an affected source shall keep records of each operating scenario which demonstrates compliance with this subpart.
(d) Records of equipment leak detection and repair programs. The owner or operator of any affected source implementing the leak detection and repair (LDAR) program specified in § 63.1255 of this subpart, shall implement the recordkeeping requirements in § 63.1255 of this subpart.
(e) Records of emissions averaging. The owner or operator of any affected source that chooses to comply with the requirements of § 63.1252(d) shall maintain up-to-date records of the following information:
(1) An Implementation Plan which shall include in the plan, for all process vents and storage tanks included in each of the averages, the information listed in paragraphs (e)(1)(i) through (v) of this section.
(i) The identification of all process vents and storage tanks in each emissions average.
(ii) The uncontrolled and controlled emissions of HAP and the overall percent reduction efficiency as determined in §§ 63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable.
(iii) The calculations used to obtain the uncontrolled and controlled HAP emissions and the overall percent reduction efficiency.
(iv) The estimated values for all parameters required to be monitored under § 63.1258(f) for each process and storage tank included in an average.
(v) A statement that the compliance demonstration, monitoring, inspection, recordkeeping and reporting provisions in §§ 63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance.
(2) The Implementation Plan must demonstrate that the emissions from the processes and storage tanks proposed to be included in the average will not result in greater hazard or, at the option of the operating permit authority, greater risk to human health or the environment than if the storage tanks and process vents were controlled according to the provisions in §§ 63.1253 and 63.1254, respectively.
(i) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the operating permit authority.
(A) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination.
(B) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use or any other technically sound information or methods.
(ii) An emissions averaging plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the emissions averaging plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.1253 and 63.1254.
(iii) A hazard or risk equivalency demonstration must:
(A) Be a quantitative, comparative chemical hazard or risk assessment;
(B) Account for differences between averaging and non-averaging options in chemical hazard or risk to human health or the environment; and
(C) Meet any requirements set by the Administrator for such demonstrations.
(3) Records as specified in paragraphs (a), (b) and (d) of this section.
(4) A rolling quarterly calculation of the annual percent reduction efficiency as specified in § 63.1257(g) and (h).
(f) Records of delay of repair. Documentation of a decision to use a delay of repair due to unavailability of parts, as specified in § 63.1256(i), shall include a description of the failure, the reason additional time was necessary (including a statement of why replacement parts were not kept onsite and when delivery from the manufacturer is scheduled), and the date when the repair was completed.
(g) Record of wastewater stream or residual transfer. The owner or operator transferring an affected wastewater stream or residual removed from an affected wastewater stream in accordance with § 63.1256(a)(5) shall keep a record of the notice sent to the treatment operator stating that the wastewater stream or residual contains organic HAP which are required to be managed and treated in accordance with the provisions of this subpart.
(h) Records of extensions. The owner or operator shall keep documentation of a decision to use an extension, as specified in § 63.1256(b)(6)(ii) or (b)(9), in a readily accessible location. The documentation shall include a description of the failure, documentation that alternate storage capacity is unavailable, and specification of a schedule of actions that will ensure that the control equipment will be repaired and the tank will be emptied as soon as practical.
(i) Records of inspections. The owner or operator shall keep records specified in paragraphs (i)(1) through (9) of this section.
(1) A record that each waste management unit inspection required by § 63.1256(b) through (f) was performed.
(2) A record that each inspection for control devices required by § 63.1256(h) was performed.
(3) A record of the results of each seal gap measurement required by § 63.1256(b)(5) and (f)(3). The records shall include the date of measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b)(2) through (4).
(4) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect in accordance with § 63.1258(h)(6), an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment.
(5) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as difficult to inspect in accordance with § 63.1258(h)(7), an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment.
(6) For each vapor collection system or closed-vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (i)(6)(i) or (ii) of this section.
(i) Hourly records of whether the flow indicator specified under § 63.1252(b)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times and durations of all periods when the vent stream is diverted from the control device or the flow indicator is not operating.
(ii) Where a seal mechanism is used to comply with § 63.1252(b)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken.
(7) For each inspection conducted in accordance with § 63.1258(h)(2) and (3) during which a leak is detected, a record of the information specified in paragraphs (i)(7)(i) through (ix) of this section.
(i) Identification of the leaking equipment.
(ii) The instrument identification numbers and operator name or initials, if the leak was detected using the procedures described in § 63.1258(h)(3); or a record that the leak was detected by sensory observations.
(iii) The date the leak was detected and the date of the first attempt to repair the leak.
(iv) Maximum instrument reading measured by the method specified in § 63.1258(h)(4) after the leak is successfully repaired or determined to be nonrepairable.
(v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
(vi) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown.
(vii) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.
(viii) Dates of shutdowns that occur while the equipment is unrepaired.
(ix) The date of successful repair of the leak.
(8) For each inspection conducted in accordance with § 63.1258(h)(3) during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.
(9) For each visual inspection conducted in accordance with § 63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected.
[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52613, Aug. 29, 2000; 66 FR 40135, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 20, 2006; 76 FR 22601, Apr. 21, 2011]

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-08; vol. 79 # 195 - Wednesday, October 8, 2014
    1. 79 FR 60898 - National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology Standards; and Manufacture of Amino/Phenolic Resins
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Final rule.
      This final action is effective on October 8, 2014.
      40 CFR Part 63

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-10-15; vol. 79 # 199 - Wednesday, October 15, 2014
    1. 79 FR 61843 - National Emission Standards for Hazardous Air Pollutants: Ferroalloys Production
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Supplemental notice of proposed rulemaking; correction.
      This correction is made on October 15, 2014. Public Hearing. If anyone contacts the EPA requesting a public hearing by October 20, 2014, the EPA will hold a public hearing on October 30, 2014 from 1:00 p.m. [Eastern Standard Time] to 5:00 p.m. [Eastern Standard Time] at the U.S. Environmental Protection Agency building located at 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. If the EPA holds a public hearing, the EPA will keep the record of the hearing open for 30 days after completion of the hearing to provide an opportunity for submission of rebuttal and supplementary information.
      40 CFR Part 63