[Title 40 CFR 60.107]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart J - Standards of Performance for Petroleum Refineries]
[Sec. 60.107 - Reporting and recordkeeping requirements.]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01falseReporting and recordkeeping requirements.60.107Sec. 60.107PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Standards of Performance for Petroleum Refineries
Sec. 60.107  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to Sec. 60.104(b) shall notify 
the Administrator of the specific provisions of Sec. 60.104(b) with 
which the owner or operator seeks to comply. Notification shall be 
submitted with the notification of initial startup required by Sec. 
60.7(a)(3). If an owner or operator elects at a later date to comply 
with an alternative provision of Sec. 60.104(b), then the Administrator 
shall be notified by the owner or operator in the report described in 
paragraph (c) of this section.
    (b) Each owner or operator subject to Sec. 60.104(b) shall record 
and maintain the following information:
    (1) If subject to Sec. 60.104(b)(1),
    (i) All data and calibrations from continuous monitoring systems 
located at the inlet and outlet to the control device, including the 
results of the daily drift tests and quarterly accuracy assessments 
required under appendix F, Procedure 1;
    (ii) Measurements obtained by supplemental sampling (refer to

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Sec. 60.105(a)(13) and Sec. 60.106(k)) for meeting minimum data 
requirements; and
    (iii) The written procedures for the quality control program 
required by appendix F, Procedure 1.
    (2) If subject to Sec. 60.104(b)(2), measurements obtained in the 
daily Method 8 testing, or those obtained by alternative measurement 
methods, if Sec. 60.106(i)(12) applies.
    (3) If subject to Sec. 60.104(b)(3), data obtained from the daily 
feed sulfur tests.
    (4) Each 7-day rolling average compliance determination.
    (c) Each owner or operator subject to Sec. 60.104(b) shall submit a 
report except as provided by paragraph (d) of this section. The 
following information shall be contained in the report:
    (1) Any 7-day period during which:
    (i) The average percent reduction and average concentration of 
sulfur dioxide on a dry, O2-free basis in the gases 
discharged to the atmosphere from any fluid cracking unit catalyst 
regenerator for which the owner or operator seeks to comply with Sec. 
60.104(b)(1) is below 90 percent and above 50 ppmv, as measured by the 
continuous monitoring system prescribed under Sec. 60.105(a)(8), or 
above 50 ppmv, as measured by the outlet continuous monitoring system 
prescribed under Sec. 60.105(a)(9). The average percent reduction and 
average sulfur dioxide concentration shall be determined using the 
procedures specified under Sec. 60.106(h);
    (ii) The average emission rate of sulfur dioxide in the gases 
discharged to the atmosphere from any fluid catalytic cracking unit 
catalyst regenerator for which the owner or operator seeks to comply 
with Sec. 60.104(b)(2) exceeds 9.8 kg SOX per 1,000 kg coke 
burn-off, as measured by the daily testing prescribed under Sec. 
60.106(i). The average emission rate shall be determined using the 
procedures specified under Sec. 60.106(i); and
    (iii) The average sulfur content of the fresh feed for which the 
owner or operator seeks to comply with Sec. 60.104(b)(3) exceeds 0.30 
percent by weight. The fresh feed sulfur content, a 7-day rolling 
average, shall be determined using the procedures specified under Sec. 
60.106(j).
    (2) Any 30-day period in which the minimum data requirements 
specified in Sec. 60.104(d) are not obtained.
    (3) For each 7-day period during which an exceedance has occurred as 
defined in paragraphs (c)(1)(i) through (c)(1)(iii) and (c)(2) of this 
section:
    (i) The date that the exceedance occurred;
    (ii) An explanation of the exceedance;
    (iii) Whether the exceedance was concurrent with a startup, 
shutdown, or malfunction of the fluid catalytic cracking unit or control 
system; and
    (iv) A description of the corrective action taken, if any.
    (4) If subject to Sec. 60.104(b)(1),
    (i) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the inlet continuous monitoring 
system;
    (ii) The dates for which and brief explanations as to why fewer than 
18 valid hours of data were obtained for the outlet continuous 
monitoring system;
    (iii) Identification of times when hourly averages have been 
obtained based on manual sampling methods;
    (iv) Identification of the times when the pollutant concentration 
exceeded full span of the continuous monitoring system; and
    (v) Description of any modifications to the continuous monitoring 
system that could affect the ability of the continuous monitoring system 
to comply with Performance Specifications 2 or 3.
    (vi) Results of daily drift tests and quarterly accuracy assessments 
as required under appendix F, Procedure 1.
    (5) If subject to Sec. 60.104(b)(2), for each day in which a Method 
8 sample result required by Sec. 60.106(i) was not obtained, the date 
for which and brief explanation as to why a Method 8 sample result was 
not obtained, for approval by the Administrator.
    (6) If subject to Sec. 60.104(b)(3), for each 8-hour period in 
which a feed sulfur measurement required by Sec. 60.106(j) was not 
obtained, the date for which and brief explanation as to why a feed 
sulfur measurement was not obtained, for approval by the Administrator.
    (d) For any periods for which sulfur dioxide or oxides emissions 
data are not available, the owner or operator of

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the affected facility shall submit a signed statement indicating if any 
changes were made in operation of the emission control system during the 
period of data unavailability which could affect the ability of the 
system to meet the applicable emission limit. Operations of the control 
system and affected facility during periods of data unavailability are 
to be compared with operation of the control system and affected 
facility before and following the period of data unavailability.
    (e) For each fuel gas stream combusted in a fuel gas combustion 
device subject to Sec. 60.104(a)(1), if an owner or operator determines 
that one of the exemptions listed in Sec. 60.105(a)(4)(iv) applies to 
that fuel gas stream, the owner or operator shall maintain records of 
the specific exemption chosen for each fuel gas stream. If the owner or 
operator applies for the exemption described in Sec. 
60.105(a)(4)(iv)(D), the owner or operator must keep a copy of the 
application as well as the letter from the Administrator granting 
approval of the application.
    (f) The owner or operator of an affected facility shall submit the 
reports required under this subpart to the Administrator semiannually 
for each six-month period. All semiannual reports shall be postmarked by 
the 30th day following the end of each six-month period.
    (g) The owner or operator of the affected facility shall submit a 
signed statement certifying the accuracy and completeness of the 
information contained in the report.

[54 FR 34029, Aug. 17, 1989, as amended at 55 FR 40178, Oct. 2, 1990; 64 
FR 7465, Feb. 12, 1999; 65 FR 61755, Oct. 17, 2000; 73 FR 35867, June 
24, 2008]