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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>8</VOL>
    <DATE>2005-07-01</DATE>
    <ORIGINALDATE>2005-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Recordkeeping and reporting requirements.</TITLE>
    <GRANULENUM>61.138</GRANULENUM>
    <HEADING>Section 61.138</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 40" SEQ="4">Protection of Environment</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)</PARENT>
      <PARENT HEADING="SUBCHAPTER C" SEQ="2">AIR PROGRAMS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 61" SEQ="1">NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS</PARENT>
      <PARENT HEADING="Subpart L" SEQ="0">National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 61.138</SECTNO>
    <SUBJECT>Recordkeeping and reporting requirements.</SUBJECT>
    <P>(a) The following information pertaining to the design of control equipment installed to comply with §§ 61.132 through 61.134 shall be recorded and kept in a readily accessible location:</P>

    <P>(1) Detailed schematics, design specifications, and piping and instrumentation diagrams.<PRTPAGE P="85"/>
    </P>
    <P>(2) The dates and descriptions of any changes in the design specifications.</P>
    <P>(b) The following information pertaining to sources subject to § 61.132 and sources subject to § 61.133 shall be recorded and maintained for 2 years following each semiannual (and other) inspection and each annual maintenance inspection:</P>
    <P>(1) The date of the inspection and the name of the inspector.</P>
    <P>(2) A brief description of each visible defect in the source or control equipment and the method and date of repair of the defect.</P>
    <P>(3) The presence of a leak, as measured using the method described in § 61.245(c). The record shall include the date of attempted and actual repair and method of repair of the leak.</P>
    <P>(4) A brief description of any system abnormalities found during the annual maintenance inspection, the repairs made, the date of attempted repair, and the date of actual repair.</P>
    <P>(c) Each owner or operator of a source subject to § 61.135 shall comply with § 61.246.</P>
    <P>(d) For foundry coke by-product recovery plants, the annual coke production of both furnace and foundry coke shall be recorded and maintained for 2 years following each determination.</P>
    <P>(e)(1) An owner or operator of any source to which this subpart applies shall submit a statement in writing notifying the Administrator that the requirements of this subpart and 40 CFR 61, subpart V, have been implemented.</P>
    <P>(2) In the case of an existing source or a new source that has an initial startup date preceding the effective date, the statement is to be submitted within 90 days of the effective date, unless a waiver of compliance is granted under § 61.11, along with the information required under § 61.10. If a waiver of compliance is granted, the statement is to be submitted on a date scheduled by the Administrator.</P>
    <P>(3) In the case of a new source that did not have an initial startup date preceding the effective date, the statement shall be submitted with the application for approval of construction, as described under § 61.07.</P>
    <P>(4) The statement is to contain the following information for each source:</P>
    <P>(i) Type of source (e.g., a light-oil sump or pump).</P>
    <P>(ii) For equipment in benzene service, equipment identification number and process unit identification: percent by weight benzene in the fluid at the equipment; and process fluid state in the equipment (gas/vapor or liquid).</P>
    <P>(iii) Method of compliance with the standard (e.g., “gas blanketing,” “monthly leak detection and repair,” or “equipped with dual mechanical seals”). This includes whether the plant plans to be a furnace or foundry coke by-product recovery plant for the purposes of § 61.132(d).</P>
    <P>(f) A report shall be submitted to the Administrator semiannually starting 6 months after the initial reports required in § 61.138(e) and § 61.10, which includes the following information:</P>
    <P>(1) For sources subject to § 61.132 and sources subject to § 61.133,</P>
    <P>(i) A brief description of any visible defect in the source or ductwork,</P>
    <P>(ii) The number of leaks detected and repaired, and</P>
    <P>(iii) A brief description of any system abnormalities found during each annual maintenance inspection that occurred in the reporting period and the repairs made.</P>
    <P>(2) For equipment in benzene service subject to § 61.135(a), information required by § 61.247(b).</P>
    <P>(3) For each exhauster subject to § 61.135 for each quarter during the semiannual reporting period,</P>
    <P>(i) The number of exhausters for which leaks were detected as described in § 61.135 (d) and (e)(5),</P>
    <P>(ii) The number of exhausters for which leaks were repaired as required in § 61.135 (d) and (e)(6),</P>
    <P>(iii) The results of performance tests to determine compliance with § 61.135(g) conducted within the semiannual reporting period.</P>
    <P>(4) A statement signed by the owner or operator stating whether all provisions of 40 CFR part 61, subpart L, have been fulfilled during the semiannual reporting period.</P>

    <P>(5) For foundry coke by-product recovery plants, the annual coke production of both furnace and foundry coke, if determined during the reporting period.<PRTPAGE P="86"/>
    </P>
    <P>(6) Revisions to items reported according to paragraph (e) of this section if changes have occurred since the initial report or subsequent revisions to the initial report.</P>
    <NOTE>
      <HD SOURCE="HED">Note:</HD>
      <P>Compliance with the requirements of § 61.10(c) is not required for revisions documented under this paragraph.</P>
    </NOTE>
    <P>(g) In the first report submitted as required in § 61.138(e), the report shall include a reporting schedule stating the months that semiannual reports shall be submitted. Subsequent reports shall be submitted according to that schedule unless a revised schedule has been submitted in a previous semiannual report.</P>
    <P>(h) An owner or operator electing to comply with the provisions of §§ 61.243-1 and 61.243-2 shall notify the Administrator of the alternative standard selected 90 days before implementing either of the provisions.</P>
    <P>(i) An application for approval of construction or modification, as required under §§ 61.05(a) and 61.07, will not be required for sources subject to 61.135 if:</P>
    <P>(1) The new source complies with § 61.135, and</P>
    <P>(2) In the next semiannual report required by § 61.138(f), the information described in § 61.138(e)(4) is reported.</P>
    <CITA>[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]</CITA>
  </SECTION>
</CFRGRANULE>
