40 CFR §61.138
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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:
- (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:
- (1)The date of the inspection and the name of the inspector.
- (2)A brief description of each visible defect in the source or control equipment and the method and date of repair of the defect.
- (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.
- (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.
- (c)Each owner or operator of a source subject to § 61.135 shall comply with § 61.246.
- (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.
- (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.
- (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.
- (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.
- (4)The statement is to contain the following information for each source:
- (i)Type of source (e.g., a light-oil sump or pump).
- (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).
- (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).
- (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:
- (1)For sources subject to § 61.132 and sources subject to § 61.133,
- (2)For equipment in benzene service subject to § 61.135(a), information required by § 61.247(b).
- (3)For each exhauster subject to § 61.135 for each quarter during the semiannual reporting period,
- (i)The number of exhausters for which leaks were detected as described in § 61.135 (d) and (e)(5),
- (ii)The number of exhausters for which leaks were repaired as required in § 61.135 (d) and (e)(6),
- (iii)The results of performance tests to determine compliance with § 61.135(g) conducted within the semiannual reporting period.
- (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.
- (5)For foundry coke by-product recovery plants, the annual coke production of both furnace and foundry coke, if determined during the reporting period.
- (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.
- (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.
- (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.
- (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: