Cal. Code Regs. Tit. 22, § 66265.1090 - Recordkeeping Requirements

(a) Each owner or operator of a facility subject to requirements in this article shall record and maintain the information specified in subsections (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by subsections (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by subsections (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d) or section 66265.1080(b)(7) of this article, respectively.

(b) The owner or operator of a tank using air emission controls in accordance with the requirements of section 66265.1085 shall prepare and maintain records for the tank that include the following information:

(1) For each tank using air emission controls in accordance with the requirements of section 66265.1085, the owner or operator shall record:

(A) A tank identification number (or other unique identification description as selected by the owner or operator).

(B) A record for each inspection required by section 66265.1085 that includes the following information:

1. Date inspection was conducted.

2. For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1085 the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(2) In addition to the information required by subsection (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:

(A) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in section 66265.1085(c) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of section 66265.1085(c). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.

(B) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(e) shall prepare and maintain documentation describing the floating roof design.

(C) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(f) shall prepare and maintain the following records:

1. Documentation describing the floating roof design and the dimensions of the tank.

2. Records for each seal gap inspection required by section 66265.1085(f)(3) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in section 66265.1085(f)(1), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.

(D) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in section 66265.1085(i) shall prepare and maintain the following records:

1. Records for the most recent set of calculations and measurements performed by the owner or operator 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" under 40 CFR 52.741, appendix B.

2. Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.

(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of section 66265.1086 shall prepare and maintain records for the surface impoundment that include the following information:

(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).

(2) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66265.1086(c).

(3) A record for each inspection required by section 66265.1086 that includes the following information:

(A) Date inspection was conducted.

(B) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1086(f), the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.

(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in subsection (e) of this section.

(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of section 66265.1087 shall prepare and maintain records that include the following information:

(1) Records for the most recent set of calculations and measurements performed by the owner or operator 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" under 40 CFR 52.741, appendix B.

(2) Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.

(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of section 66265.1088 shall prepare and maintain records that include the following information:

(1) Documentation for the closed-vent system and control device that includes:

(A) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subsection (e)(1)(B) of this section or by performance tests as specified in subsection (e)(1)(C) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.

(B) If a design analysis is used, then design documentation as specified in section 66265.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 66265.1035(b)(4)(C) and certification by the owner or operator that the control equipment meets the applicable specifications.

(C) If performance tests are used, then a performance test plan as specified in section 66265.1035(b)(3) and all test results.

(D) Information as required by sections 66265.1035(c)(1) and 66265.1035(c)(2), as applicable.

(E) An owner or operator shall record, on a semiannual basis, the information specified in subsections (e)(1)(E)1. and (e)(1)(E)2. of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of section 66265.1088(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.

1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.

2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of section 66265.1088(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned routine maintenance.

(F) An owner or operator shall record the information specified in subsections (e)(1)(F)1. through (e)(1)(F)3. of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of section 66265.1088(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.

1. The occurrence and duration of each malfunction of the control device system.

2. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.

3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.

(G) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with section 66265.1088(c)(3)(B).

(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of section 66265.1083(c) shall prepare and maintain the following records, as applicable:

(1) For tanks, surface impoundments, or containers exempted under the hazardous waste organic concentration conditions specified in section 66265.1083(c)(1) or sections 66265.1084(c)(2)(A) through (c)(2)(F) the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of section 66265.1084.

(2) For tanks, surface impoundments, or containers exempted under the provisions of sections 66265.1083(c)(2)(G) or 66265.1083(c)(2)(H), the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.

(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to sections 66265.1085 (l) or 66265.1086(g) shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as "unsafe to inspect and monitor," the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.

(h) The owner or operator of a facility that is subject to this article and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this article by documentation either pursuant to this article, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.

(i) For each tank or container not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d), the owner or operator shall record and maintain the following information:

(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in section 66265.1080(d)(1).

(2) A description of how the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section are managed at the facility in tanks and containers. This description shall include the following information:

(A) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.

(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.

(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section in the tanks and containers as described in subsection (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under sections 66265.1085 through 66265.1088, are installed and operated on these waste management units. This explanation shall include the following information:

(A) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.

(j) For each hazardous waste management unit not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the provisions of sections 66265.1080(b)(7) the owner and operator shall record and maintain the following information:

(1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.

(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance.

Notes

Cal. Code Regs. Tit. 22, § 66265.1090

1. Change without regulatory effect adding new section filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).

Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1090.

1. Change without regulatory effect adding new section filed 6-11-99 pursuant to Health and Safety Code section 25159.1 (Register 99, No. 24).