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  <FDSYS>
    <CFRTITLE>40</CFRTITLE>
    <CFRTITLETEXT>Protection of Environment</CFRTITLETEXT>
    <VOL>8</VOL>
    <DATE>2009-07-01</DATE>
    <ORIGINALDATE>2009-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Reporting and recordkeeping requirements.</TITLE>
    <GRANULENUM>61.165</GRANULENUM>
    <HEADING>Section 61.165</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 N" SEQ="0">National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 61.165</SECTNO>
    <SUBJECT>Reporting and recordkeeping requirements.</SUBJECT>
    <P>(a) Each owner or operator of a source subject to the requirements of § 61.162 shall maintain at the source for a period of at least 2 years and make available to the Administrator upon request a file of the following records:</P>
    <P>(1) All measurements, including continuous monitoring for measurement of opacity, and temperature of gas entering a control device;</P>
    <P>(2) Records of emission test data and all calculations used to produce the required reports of emission estimates to demonstrate compliance with § 61.162;</P>
    <P>(3) All continous monitoring system performance evaluations, including calibration checks and adjustments;</P>
    <P>(4) The occurrence and duration of all startups, shutdowns, and malfunctions of the furnace;</P>
    <P>(5) All malfunctions of the air pollution control system;</P>
    <P>(6) All periods during which any continuous monitoring system or monitoring device is inoperative;</P>
    <P>(7) All maintenance and repairs for each air pollution control system, continuous monitoring system, or monitoring device;</P>
    <P>(b) Each owner or operator who is given approval by the Administrator to bypass a control device under paragraph (e) of this section shall maintain at the source for a period of at least 2 years and make available to the Administrator upon request a file of the following records:</P>
    <P>(1) The dates the control device is bypassed; and</P>
    <P>(2) Steps taken to minimize arsenic emissions during the period the control device was bypassed.</P>
    <P>(c) Each owner or operator of a source subject to the emission limit in § 61.162(a)(1) or (b)(1) shall determine and record at the end of every 6 months the uncontrolled arsenic emission rate for the preceding and forthcoming 12-month periods. The determinations shall:</P>
    <P>(1) Be made by following the procedures in § 61.164(c)(1), (c)(2), and (c)(3); or in § 61.164(d)(5), whichever is applicable; and</P>

    <P>(2) Take into account changes in production rates, types of glass produced, <PRTPAGE P="137"/>and other factors that would affect the uncontrolled arsenic emission rate.</P>
    <P>(d) Each owner or operator of a source subject to the provisions of this subpart shall:</P>
    <P>(1) Provide the Administrator 30 days prior notice of any emission test required in § 61.164 to afford the Administrator the opportunity to have an observer present; and</P>
    <P>(2) Submit to the Administrator a written report of the results of the emission test and associated calculations required in § 61.164(d) or (e), as applicable, within 60 days after conducting the test.</P>
    <P>(3) Submit to the Administrator a written report of the arsenic emission estimates calculated under § 61.164(c):</P>
    <P>(i) Within 45 days after the effective date of this subpart for a source that has an initial startup date preceding the effective date; or</P>
    <P>(ii) Within 45 days after startup for a source that has an initial startup date after the effective date.</P>
    <P>(4) Submit to the Adminstrator a written report of the uncontrolled arsenic emission rates determined in accordance with paragraph (c) of this section, if:</P>
    <P>(i) The emission rate for the preceding 12-month period (or preceding 6-month period for the first 6-month determination) exceeded the applicable limit in § 61.162(a)(1) or (b)(1).</P>
    <P>(ii) The emission rate for the forthcoming 12-month period will exceed the applicable limit in § 61.162(a)(1) or (b)(1). In this case, the owner or operator shall also notify the Administrator of the anticipated date of the emission test to demonstrate compliance with the applicable limit in § 61.162(a)(2) or (b)(2).</P>
    <P>(5) Ensure that the reports required in paragraph (d)(4) of this section are postmarked by the tenth day following the end of the 6-month reporting period.</P>
    <P>(e) To obtain approval to bypass a control device, as provided in § 61.162(c), an owner or operator of a source subject to this subpart may make written application to the Administrator. Each application for such a waiver shall be submitted to the Administrator no later than 60 days before the bypass period would begin and shall include:</P>
    <P>(1) Name and address of the owner or operator;</P>
    <P>(2) Location of the source;</P>
    <P>(3) A brief description of the nature, size, design, and method of operation of the source;</P>
    <P>(4) The reason it is necessary to by-pass the control device;</P>
    <P>(5) The length of time it will be necessary to by-pass the control device;</P>
    <P>(6) Steps that will be taken to minimize arsenic emissions during the period the control device will be by-passed.</P>
    <P>(7) The quantity of emissions that would be released while the control device is by-passed if no steps were taken to minimize emissions;</P>
    <P>(8) The expected reduction in emissions during the by-pass period due to the steps taken to minimize emissions during this period; and</P>
    <P>(9) The type of glass to be produced during the bypass period, and, if applicable, an explanation of why non-arsenic or lower-arsenic-containing glass cannot be melted in the furnace during the bypass period.</P>
    <P>(f) Each owner or operator required to install and operate a continuous opacity monitoring system under § 61.163 shall:</P>
    <P>(1) Submit a written report to the Administrator of the results of the continuous monitoring system evaluation required under § 61.163(b) within 60 days after conducting the evaluation.</P>
    <P>(2) Submit a written report to the Administrator every 6 months if excess opacity occurred during the preceding 6-month period. For purposes of this paragraph, an occurrence of excess opacity is any 6-minute period during which the average opacity, as measured by the continuous monitoring system, exceeds the opacity level determined under § 61.163(c)(3) or the opacity level redetermined under § 61.163(d).</P>
    <P>(3) Ensure that any semiannual report of excess opacity required by paragraph (f)(2) of this section is postmarked by the thirtieth day following the end of the 6-month period and includes the following information:</P>

    <P>(i) The magnitude of excess opacity, any conversion factor(s) used, and the date and time of commencement and completion of each occurrence of excess opacity.<PRTPAGE P="138"/>
    </P>
    <P>(ii) Specific identification of each occurrence of excess opacity that occurs during startups, shutdowns, and malfunctions of the source.</P>
    <P>(iii) The date and time identifying each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments.</P>
    <CITA>[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]</CITA>
  </SECTION>
</CFRGRANULE>

