---
kind: "section"
citation: "40 C.F.R. § 61.138"
title: "40"
number: "61.138"
heading: "Recordkeeping and reporting requirements."
url: "https://uscodex.org/cfr/40/61.138"
---

# §61.138. Recordkeeping and reporting requirements.

- (a) The following information pertaining to the design of control equipment installed to comply with [§§ 61.132 through 61.134](/cfr/40/61.132..61.134.md) shall be recorded and kept in a readily accessible location:
  - (1) **Detailed schematics, design specifications, and piping and instrumentation diagrams.**
  - (2) **The dates and descriptions of any changes in the design specifications.**
- (b) The following information pertaining to sources subject to [§ 61.132](/cfr/40/61.132.md) and sources subject to [§ 61.133](/cfr/40/61.133.md) 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)](/cfr/40/61.245.md?p=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](/cfr/40/61.135.md) shall comply with [§ 61.246](/cfr/40/61.246.md).
- (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](/cfr/40/61.md), [subpart V](/cfr/40/subpartV.md), 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](/cfr/40/61.11.md), along with the information required under [§ 61.10](/cfr/40/61.10.md). 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](/cfr/40/61.07.md).
  - (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)](/cfr/40/61.132.md?p=d).
- (f) A report shall be submitted to the Administrator semiannually starting 6 months after the initial reports required in [§ 61.138(e)](#e) and [§ 61.10](/cfr/40/61.10.md), which includes the following information:
  - (1) For sources subject to [§ 61.132](/cfr/40/61.132.md) and sources subject to [§ 61.133](/cfr/40/61.133.md),
    - (i) A brief description of any visible defect in the source or ductwork,
    - (ii) The number of leaks detected and repaired, and
    - (iii) A brief description of any system abnormalities found during each annual maintenance inspection that occurred in the reporting period and the repairs made.
  - (2) For equipment in benzene service subject to [§ 61.135(a)](/cfr/40/61.135.md?p=a), information required by [§ 61.247(b)](/cfr/40/61.247.md?p=b).
  - (3) For each exhauster subject to [§ 61.135](/cfr/40/61.135.md) for each quarter during the semiannual reporting period,
    - (i) The number of exhausters for which leaks were detected as described in § [61.135 (d)](/cfr/40/61.135.md?p=d) and [(e)(5)](/cfr/40/61.135.md?p=e-5),
    - (ii) The number of exhausters for which leaks were repaired as required in § [61.135 (d)](/cfr/40/61.135.md?p=d) and [(e)(6)](/cfr/40/61.135.md?p=e-6),
    - (iii) The results of performance tests to determine compliance with [§ 61.135(g)](/cfr/40/61.135.md?p=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](/cfr/40/part61.md), [subpart L](/cfr/40/subpartL.md), 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)](#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)](#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](/cfr/40/61.243-1.md) and [61.243-2](/cfr/40/61.243-2.md) 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)](/cfr/40/61.05.md?p=a) and [61.07](/cfr/40/61.07.md), will not be required for sources subject to 61.135 if:
  - (1) The new source complies with [§ 61.135](/cfr/40/61.135.md), and
  - (2) In the next semiannual report required by [§ 61.138(f)](#f), the information described in [§ 61.138(e)(4)](#e-4) is reported.

## Notes

### Amendments

[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]

### Source

Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.

### Amendments

[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]