---
kind: "section"
citation: "40 C.F.R. § 61.165"
title: "40"
number: "61.165"
heading: "Reporting and recordkeeping requirements."
url: "https://uscodex.org/cfr/40/61.165"
---

# §61.165. Reporting and recordkeeping requirements.

- (a) Each owner or operator of a source subject to the requirements of [§ 61.162](/cfr/40/61.162.md) 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:
  - (1) All measurements, including continuous monitoring for measurement of opacity, and temperature of gas entering a control device;
  - (2) Records of emission test data and all calculations used to produce the required reports of emission estimates to demonstrate compliance with [§ 61.162](/cfr/40/61.162.md);
  - (3) All continous monitoring system performance evaluations, including calibration checks and adjustments;
  - (4) The occurrence and duration of all startups, shutdowns, and malfunctions of the furnace;
  - (5) All malfunctions of the air pollution control system;
  - (6) All periods during which any continuous monitoring system or monitoring device is inoperative;
  - (7) All maintenance and repairs for each air pollution control system, continuous monitoring system, or monitoring device;
- (b) Each owner or operator who is given approval by the Administrator to bypass a control device under [paragraph (e)](#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:
  - (1) The dates the control device is bypassed; and
  - (2) **Steps taken to minimize arsenic emissions during the period the control device was bypassed.**
- (c) Each owner or operator of a source subject to the emission limit in § [61.162(a)(1)](/cfr/40/61.162.md?p=a-1) or [(b)(1)](/cfr/40/61.162.md?p=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:
  - (1) Be made by following the procedures in § [61.164(c)(1)](/cfr/40/61.164.md?p=c-1), [(c)(2)](/cfr/40/61.164.md?p=c-2), and [(c)(3)](/cfr/40/61.164.md?p=c-3); or in [§ 61.164(d)(5)](/cfr/40/61.164.md?p=d-5), whichever is applicable; and
  - (2) Take into account changes in production rates, types of glass produced, and other factors that would affect the uncontrolled arsenic emission rate.
- (d) **Each owner or operator of a source subject to the provisions of this subpart shall—**
  - (1) Provide the Administrator 30 days prior notice of any emission test required in [§ 61.164](/cfr/40/61.164.md) to afford the Administrator the opportunity to have an observer present; and
  - (2) Submit to the Administrator a written report of the results of the emission test and associated calculations required in § [61.164(d)](/cfr/40/61.164.md?p=d) or [(e)](/cfr/40/61.164.md?p=e), as applicable, within 60 days after conducting the test.
  - (3) Submit to the Administrator a written report of the arsenic emission estimates calculated under [§ 61.164(c)](/cfr/40/61.164.md?p=c):
    - (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
    - (ii) **Within 45 days after startup for a source that has an initial startup date after the effective date.**
  - (4) Submit to the Adminstrator a written report of the uncontrolled arsenic emission rates determined in accordance with [paragraph (c)](#c) of this section, if:
    - (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)](/cfr/40/61.162.md?p=a-1) or [(b)(1)](/cfr/40/61.162.md?p=b-1).
    - (ii) The emission rate for the forthcoming 12-month period will exceed the applicable limit in § [61.162(a)(1)](/cfr/40/61.162.md?p=a-1) or [(b)(1)](/cfr/40/61.162.md?p=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)](/cfr/40/61.162.md?p=a-2) or [(b)(2)](/cfr/40/61.162.md?p=b-2).
  - (5) Ensure that the reports required in [paragraph (d)(4)](#d-4) of this section are postmarked by the tenth day following the end of the 6-month reporting period.
- (e) To obtain approval to bypass a control device, as provided in [§ 61.162(c)](/cfr/40/61.162.md?p=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:
  - (1) Name and address of the owner or operator;
  - (2) Location of the source;
  - (3) A brief description of the nature, size, design, and method of operation of the source;
  - (4) The reason it is necessary to by-pass the control device;
  - (5) The length of time it will be necessary to by-pass the control device;
  - (6) Steps that will be taken to minimize arsenic emissions during the period the control device will be by-passed.
  - (7) The quantity of emissions that would be released while the control device is by-passed if no steps were taken to minimize emissions;
  - (8) The expected reduction in emissions during the by-pass period due to the steps taken to minimize emissions during this period; and
  - (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.
- (f) Each owner or operator required to install and operate a continuous opacity monitoring system under [§ 61.163](/cfr/40/61.163.md) shall:
  - (1) Submit a written report to the Administrator of the results of the continuous monitoring system evaluation required under [§ 61.163(b)](/cfr/40/61.163.md?p=b) within 60 days after conducting the evaluation.
  - (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)](/cfr/40/61.163.md?p=c-3) or the opacity level redetermined under [§ 61.163(d)](/cfr/40/61.163.md?p=d).
  - (3) Ensure that any semiannual report of excess opacity required by [paragraph (f)(2)](#f-2) of this section is postmarked by the thirtieth day following the end of the 6-month period and includes the following information:
    - (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.
    - (ii) Specific identification of each occurrence of excess opacity that occurs during startups, shutdowns, and malfunctions of the source.
    - (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.

## Notes

### Amendments

[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]

### Source

Source: 51 FR 28025, Aug. 4, 1986, unless otherwise noted.

### Authority

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

### Source

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

### Amendments

[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]