CFR Section
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The generator facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[81 FR 85824, Nov. 28, 2016]
(b) The plan fails in an emergency;
(c) The generator facility changes—in its design, construction, operation, maintenance, or other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[81 FR 85824, Nov. 28, 2016]
(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the “Universal Waste” rule in 40 CFR part 273.
If your batteries * * * | And if you * * * | Then you * * * | And you * * * |
(1) Will be reclaimed through regeneration (such as by electrolyte replacement). | are exempt from 40 CFR 262 are subject to 40 CFR262 (except §262.11, 263, 264, 265, 266, 268, 270, 124 of this chapter , and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11of this chapter. | |
(2) Will be reclaimed other than through regeneration. | generate, collect, and/or transport these batteries. | are exempt from 40 CFR parts 262 (except for parts 261 and §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11, and applicable provisions under part 268. |
(3) Will be reclaimed other than through regeneration. | store these batteries but you aren't the reclaimer. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(4) Will be reclaimed other than through regeneration. | store these batteries before you reclaim them. | must comply with 40 CFR 266.80(b) and as appropriate other regulatory provisions | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(5) Will be reclaimed other than through regeneration. | don't store these batteries before you reclaim them. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this chapter.
(iii) All applicable provisions in subpart B of part 265 of this chapter except §265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of this chapter.
(v) All applicable provisions in subpart E of part 265 of this chapter except §§265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this chapter.
(iii) All applicable provisions in subpart B of part 264 of this chapter (but not §264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of this chapter.
(v) All applicable provisions in subpart E of part 264 of this chapter (but not §264.71 or §264.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006]
If your batteries * * * | And if you * * * | Then you * * * | And you * * * |
(1) Will be reclaimed through regeneration (such as by electrolyte replacement). | are exempt from 40 CFR 262 are subject to 40 CFR262 (except §262.11, 263, 264, 265, 266, 268, 270, 124 of this chapter , and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11of this chapter. | |
(2) Will be reclaimed other than through regeneration. | generate, collect, and/or transport these batteries. | are exempt from 40 CFR parts 262 (except for parts 261 and §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11, and applicable provisions under part 268. |
(3) Will be reclaimed other than through regeneration. | store these batteries but you aren't the reclaimer. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(4) Will be reclaimed other than through regeneration. | store these batteries before you reclaim them. | must comply with 40 CFR 266.80(b) and as appropriate other regulatory provisions | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(5) Will be reclaimed other than through regeneration. | don't store these batteries before you reclaim them. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this chapter.
(iii) All applicable provisions in subpart B of part 265 of this chapter except §265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of this chapter.
(v) All applicable provisions in subpart E of part 265 of this chapter except §§265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this chapter.
(iii) All applicable provisions in subpart B of part 264 of this chapter (but not §264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of this chapter.
(v) All applicable provisions in subpart E of part 264 of this chapter (but not §264.71 or §264.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006]
(a) Each remanufacturer or other person that stores or treats the hazardous secondary material 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 at the facility for a minimum of 3 years. Air emission control equipment design documentation shall be maintained at the facility 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 at the facility for as long as the hazardous secondary material management unit is not using air emission controls specified in §§1.1084 through 261.1087 in accordance with the conditions specified in §261.1080(a).
(b) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank with air emission controls in accordance with the requirements of §261.1084 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 §261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall record:
(i) A tank identification number (or other unique identification description as selected by the remanufacturer or other person that stores or treats the hazardous secondary material).
(ii) A record for each inspection required by §261.1084 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 §261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material shall record the following information, as applicable to the tank:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material using a fixed roof to comply with the Tank Level 1 control requirements specified in §261.1084(c) of this subpart shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous secondary material in the tank performed in accordance with the requirements of §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material using an internal floating roof to comply with the Tank Level 2 control requirements specified in §261.1084(e) of this subpart shall prepare and maintain documentation describing the floating roof design.
(iii) Remanufacturer or other persons that store or treat the hazardous secondary material using an external floating roof to comply with the Tank Level 2 control requirements specified in §261.1084(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 §261.1084(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 §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material using an enclosure to comply with the Tank Level 2 control requirements specified in §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material 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.
(B) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.
(c) [Reserved]
(d) The remanufacturer or other person that stores or treats the hazardous secondary material using containers with Container Level 3 air emission controls in accordance with the requirements of §261.1086 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 remanufacturer or other person that stores or treats the hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material using a closed-vent system and control device in accordance with the requirements of §261.1087 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 remanufacturer or other person that stores or treats the hazardous secondary material 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 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 §261.1035(b)(4) . The documentation shall include information prepared by the remanufacturer or other person that stores or treats the hazardous secondary material or provided by the control device manufacturer or vendor that describes the control device design in accordance with §261.1035(b)(4)(iii) and certification by the remanufacturer or other person that stores or treats the hazardous secondary material that the control equipment meets the applicable specifications.
(iii) If performance tests are used, then a performance test plan as specified in §261.1035(b)(3) and all test results.
(iv) Information as required by §§261.1035(c)(1) and 261.1035(c)(2) , as applicable.
(v) A remanufacturer or other person that stores or treats the hazardous secondary material shall record, on a semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and (B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of §261.1087(c)(1)(i) , (ii) , or (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 §261.1087(c)(1)(i) , (ii) , or (iii) of this subpart, as applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that stores or treats the hazardous secondary material shall record the information specified in paragraphs (e)(1)(vi)(A) through (C) of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of §261.1087(c)(1)(i) , (ii) , or (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 hazardous secondary material 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 §261.1087(c)(3)(ii) of this subpart.
(f) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank or container exempted under the hazardous secondary material organic concentration conditions specified in §261.1082(c), shall prepare and maintain at the facility records documenting the information used for each material determination (e.g., test results, measurements, calculations, and other documentation). If analysis results for material samples are used for the material determination, then the remanufacturer or other person that stores or treats the hazardous secondary material shall record the date, time, and location that each material sample is collected in accordance with applicable requirements of §261.1083.
(g) A remanufacturer or other person that stores or treats the hazardous secondary material designating a cover as "unsafe to inspect and monitor" pursuant to §261.1084(l) shall record and keep at facility the following information: The identification numbers for hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material 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.
[80 FR 1812, Jan. 13, 2015; 88 FR 54104, Aug. 9, 2023]
(a) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor air emission control equipment used to comply with this subpart in accordance with the applicable requirements specified in §§261.1084 through 261.1087 of this subpart.
(b) The remanufacture or other person that stores or treats the hazardous secondary material shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (a) of this section. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep the plan and schedule at the facility.
[80 FR 1812, Jan. 13, 2015]
(a) Are spent lead-acid batteries exempt from hazardous waste management requirements? If you generate, collect, transport, store, or regenerate lead-acid batteries for reclamation purposes, you may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply to you. Alternatively, you may choose to manage your spent lead-acid batteries under the “Universal Waste” rule in 40 CFR part 273.
If your batteries * * * | And if you * * * | Then you * * * | And you * * * |
(1) Will be reclaimed through regeneration (such as by electrolyte replacement). | are exempt from 40 CFR 262 are subject to 40 CFR262 (except §262.11, 263, 264, 265, 266, 268, 270, 124 of this chapter , and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11of this chapter. | |
(2) Will be reclaimed other than through regeneration. | generate, collect, and/or transport these batteries. | are exempt from 40 CFR parts 262 (except for parts 261 and §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261 and §262.11, and applicable provisions under part 268. |
(3) Will be reclaimed other than through regeneration. | store these batteries but you aren't the reclaimer. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(4) Will be reclaimed other than through regeneration. | store these batteries before you reclaim them. | must comply with 40 CFR 266.80(b) and as appropriate other regulatory provisions | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(5) Will be reclaimed other than through regeneration. | don't store these batteries before you reclaim them. | are exempt from 40 CFR parts 262 (except for §262.11), 263, 264, 265, 266, 270, 124 of this chapter, and the notification requirements at section 3010 of RCRA. | are subject to 40 CFR parts 261, §262.11, and applicable provisions under part 268. |
(b) If I store spent lead-acid batteries before I reclaim them but not through regeneration, which requirements apply? The requirements of paragraph (b) of this section apply to you if you store spent lead-acid batteries before you reclaim them, but you don't reclaim them through regeneration. The requirements are slightly different depending on your RCRA permit status.
(1) For Interim Status Facilities, you must comply with:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 265 of this chapter.
(iii) All applicable provisions in subpart B of part 265 of this chapter except §265.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 265 of this chapter.
(v) All applicable provisions in subpart E of part 265 of this chapter except §§265.71 and 265.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 265 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
(2) For Permitted Facilities:
(i) Notification requirements under section 3010 of RCRA.
(ii) All applicable provisions in subpart A of part 264 of this chapter.
(iii) All applicable provisions in subpart B of part 264 of this chapter (but not §264.13 (waste analysis).
(iv) All applicable provisions in subparts C and D of part 264 of this chapter.
(v) All applicable provisions in subpart E of part 264 of this chapter (but not §264.71 or §264.72 (dealing with the use of the manifest and manifest discrepancies).
(vi) All applicable provisions in subparts F through L of part 264 of this chapter.
(vii) All applicable provisions in parts 270 and 124 of this chapter.
[63 FR 71229, Dec. 24, 1998, as amended at 71 FR 40277, July 14, 2006]
(a) Each remanufacturer or other person that stores or treats the hazardous secondary material 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 at the facility for a minimum of 3 years. Air emission control equipment design documentation shall be maintained at the facility 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 at the facility for as long as the hazardous secondary material management unit is not using air emission controls specified in §§1.1084 through 261.1087 in accordance with the conditions specified in §261.1080(a).
(b) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank with air emission controls in accordance with the requirements of §261.1084 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 §261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall record:
(i) A tank identification number (or other unique identification description as selected by the remanufacturer or other person that stores or treats the hazardous secondary material).
(ii) A record for each inspection required by §261.1084 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 §261.1084 of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material shall record the following information, as applicable to the tank:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material using a fixed roof to comply with the Tank Level 1 control requirements specified in §261.1084(c) of this subpart shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous secondary material in the tank performed in accordance with the requirements of §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material using an internal floating roof to comply with the Tank Level 2 control requirements specified in §261.1084(e) of this subpart shall prepare and maintain documentation describing the floating roof design.
(iii) Remanufacturer or other persons that store or treat the hazardous secondary material using an external floating roof to comply with the Tank Level 2 control requirements specified in §261.1084(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 §261.1084(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 §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material using an enclosure to comply with the Tank Level 2 control requirements specified in §261.1084(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 remanufacturer or other person that stores or treats the hazardous secondary material 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.
(B) Records required for the closed-vent system and control device in accordance with the requirements of paragraph (e) of this section.
(c) [Reserved]
(d) The remanufacturer or other person that stores or treats the hazardous secondary material using containers with Container Level 3 air emission controls in accordance with the requirements of §261.1086 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 remanufacturer or other person that stores or treats the hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material using a closed-vent system and control device in accordance with the requirements of §261.1087 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 remanufacturer or other person that stores or treats the hazardous secondary material 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 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 §261.1035(b)(4) . The documentation shall include information prepared by the remanufacturer or other person that stores or treats the hazardous secondary material or provided by the control device manufacturer or vendor that describes the control device design in accordance with §261.1035(b)(4)(iii) and certification by the remanufacturer or other person that stores or treats the hazardous secondary material that the control equipment meets the applicable specifications.
(iii) If performance tests are used, then a performance test plan as specified in §261.1035(b)(3) and all test results.
(iv) Information as required by §§261.1035(c)(1) and 261.1035(c)(2) , as applicable.
(v) A remanufacturer or other person that stores or treats the hazardous secondary material shall record, on a semiannual basis, the information specified in paragraphs (e)(1)(v)(A) and (B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of §261.1087(c)(1)(i) , (ii) , or (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 §261.1087(c)(1)(i) , (ii) , or (iii) of this subpart, as applicable, due to planned routine maintenance.
(vi) A remanufacturer or other person that stores or treats the hazardous secondary material shall record the information specified in paragraphs (e)(1)(vi)(A) through (C) of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of §261.1087(c)(1)(i) , (ii) , or (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 hazardous secondary material 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 §261.1087(c)(3)(ii) of this subpart.
(f) The remanufacturer or other person that stores or treats the hazardous secondary material using a tank or container exempted under the hazardous secondary material organic concentration conditions specified in §261.1082(c), shall prepare and maintain at the facility records documenting the information used for each material determination (e.g., test results, measurements, calculations, and other documentation). If analysis results for material samples are used for the material determination, then the remanufacturer or other person that stores or treats the hazardous secondary material shall record the date, time, and location that each material sample is collected in accordance with applicable requirements of §261.1083.
(g) A remanufacturer or other person that stores or treats the hazardous secondary material designating a cover as "unsafe to inspect and monitor" pursuant to §261.1084(l) shall record and keep at facility the following information: The identification numbers for hazardous secondary material 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 remanufacturer or other person that stores or treats the hazardous secondary material 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.
[80 FR 1812, Jan. 13, 2015; 88 FR 54104, Aug. 9, 2023]
(a) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor air emission control equipment used to comply with this subpart in accordance with the applicable requirements specified in §§261.1084 through 261.1087 of this subpart.
(b) The remanufacture or other person that stores or treats the hazardous secondary material shall develop and implement a written plan and schedule to perform the inspections and monitoring required by paragraph (a) of this section. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep the plan and schedule at the facility.
[80 FR 1812, Jan. 13, 2015]