Current through Register Vol. 48, No. 9, September 27, 2024
(a) Each
owner or operator of a facility subject to requirements of this subpart shall
record and maintain the information specified in paragraphs (b) through (j) of
this section, as applicable to the facility. Except for air emission control
equipment design documentation and information required by paragraphs (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 paragraphs (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 264.1084 through 264.1087 of this
subpart in accordance with the conditions specified in 264.1080(d) or
264.1080(b)(7) of this subpart, respectively.
(b) The owner or operator of a tank using air
emission controls in accordance with the requirements of 264.1084 of this
subpart 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 264.1084 of this
subpart, the owner or operator shall record:
(i) A tank identification number (or other
unique identification description as selected by the owner or
operator).
(ii) A record for each
inspection required by 264.1084 of this subpart that includes the following
information:
(A) Date inspection was
conducted.
(B) 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 requirements of 264.1084 of this subpart, 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 paragraph (b)(1) of this section, the owner or operator shall record the
following information, as applicable to the tank:
(i) The owner or operator using a fixed roof
to comply with the Tank Level 1 control requirements specified in 264.1084(c)
of this subpart 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 264.1084(c) of this subpart. The records
shall include the date and time the samples were collected, the analysis method
used, and the analysis results.
(ii) The owner or operator using an internal
floating roof to comply with the Tank Level 2 control requirements specified in
264.1084(e) of this subpart shall prepare and maintain documentation describing
the floating roof design.
(iii)
Owners and operators using an external floating roof to comply with the Tank
Level 2 control requirements specified in 264.1084(f) of this subpart shall
prepare and maintain the following records:
(A) Documentation describing the floating
roof design and the dimensions of the tank.
(B) Records for each seal gap inspection
required by 264.1084(f)(3) of this subpart 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 264.1084(f)(1) of this subpart, 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.
(iv) Each owner or operator using
an enclosure to comply with the Tank Level 2 control requirements specified in
264.1084(i) of this subpart shall prepare and maintain the following records:
(A) 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 52.741appendix B.
(B) Records required for the closed-vent
system and control device in accordance with the requirements of paragraph (e)
of this section.
(c) The owner or operator of a surface
impoundment using air emission controls in accordance with the requirements of
264.1085 of this subpart 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 264.1085(c) of this subpart.
(3) A record for each inspection required by
264.1085 of this subpart that includes the following information:
(i) Date inspection was conducted.
(ii) 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 264.1085(f) of this subpart, 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 paragraph (e) of this section.
(d) The owner or operator of
containers using Container Level 3 air emission controls in accordance with the
requirements of 264.1086 of this subpart 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 paragraph (e)
of this section.
(e) The
owner or operator using a closed-vent system and control device in accordance
with the requirements of 264.1087 of this subpart shall prepare and maintain
records that include the following information:
(1) Documentation for the closed-vent system
and control device that includes:
(i)
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 paragraph (e)(1)(ii) of this section or by
performance tests as specified in paragraph (e)(1)(iii) 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.
(ii) If a design analysis is used, then
design documentation as specified in 264.1035(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 264.1035(b)(4)(iii) and certification by the owner or
operator that the control equipment meets the applicable
specifications.
(iii) If
performance tests are used, then a performance test plan as specified in
264.1035(b)(3) and all test results.
(iv) Information as required by
264.1035(c)(1) and 264.1035(c)(2), as applicable.
(v) An owner or operator shall record, on a
semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and
(e)(1)(v)(B) of this section for those planned routine maintenance operations
that would require the control device not to meet the requirements of
264.1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
(A) 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.
(B) 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 264.1087 (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable, due to planned
routine maintenance.
(vi) An owner or operator shall record the
information specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(C) of this
section for those unexpected control device system malfunctions that would
require the control device not to meet the requirements of 264.1087 (c)(1)(i),
(c)(1)(ii), or (c)(1)(iii) of this subpart, as applicable.
(A) The occurrence and duration of each
malfunction of the control device system.
(B) 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.
(C) Actions taken during periods of
malfunction to restore a malfunctioning control device to its normal or usual
manner of operation.
(vii) Records of the management of carbon
removed from a carbon adsorption system conducted in accordance with
264.1087(c)(3)(ii) of this subpart.
(f) The owner or operator of a tank, surface
impoundment, or container exempted from standards in accordance with the
provisions of 264.1082(c) of this subpart shall prepare and maintain the
following records, as applicable:
(1) For
tanks, surface impoundments, and containers exempted under the hazardous waste
organic concentration conditions specified in 264.1082(c)(1) or
264.1082(c)(2)(i) through (c)(2)(vi) of this subpart, 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 264.1083 of this subpart.
(2) For tanks, surface impoundments, or
containers exempted under the provisions of 264.1082(c)(2)(vii) or
264.1082(c)(2)(viii) of this subpart, 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 264.1084(l) or 264.1085(g) of
this subpart 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 subpart 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
subpart by documentation either pursuant to this subpart, 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 264.1084 through 264.1087 of this subpart in
accordance with the conditions specified in 264.1080(d) of this subpart, 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
264.1080(d)(1).
(2) A description
of how the hazardous waste containing the organic peroxide compounds identified
in paragraph (i)(1) of this section are managed at the facility in tanks and
containers. This description shall include:
(i) 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.
(ii) 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
paragraph (i)(1) of this section in the tanks and containers as described in
paragraph (i)(2) of this section would create an undue safety hazard if the air
emission controls, as required under 264.1084 through 264.1087 of this subpart,
are installed and operated on these waste management units. This explanation
shall include the following information:
(i)
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
subpart, 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.
(ii) 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 subpart, 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 264.1084 through 264.1087 of this
subpart in accordance with the requirements of 264.1080 (b)(7) of this subpart,
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 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.
