Cal. Code Regs. tit. 17 § 95669

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 95669 - Leak Detection and Repair
(a) Except as provided in section 95669(c), the following leak detection and repair requirements apply to facilities in sectors listed in section 95666.
(b) All measurements made in accordance with US EPA Reference Method 21 (October 1, 2017) for the purposes of this subarticle shall be conducted as follows:
(1) Leak testing shall be for total hydrocarbons in units of parts per million volume (ppmv) calibrated as methane in accordance with US EPA Reference Method 21 (October 1, 2017).
(2) PID instruments shall not be used.
(c) The requirements of this section do not apply to the following:
(1) Components, -- including components found on tanks, separators, wells, and pressure vessels -- that are subject to local air district leak detection and repair rules if the rules were in place prior to January 1, 2018, or are listed under section 95669(c)(1)(B).
(A) If a component is exempt from leak detection and repair requirements in a local air district rule, but does not qualify for any exemptions in sections 95669(c)(2)-(14), then it is subject to the requirements of section 95669.
(B) If the components are located in a region classified as non-attainment with any federal ambient air quality standard for ozone, the components shall be subject to one of the local air district rules listed below for the exemption to apply. For all components that are exempt due to the rules listed in subsections 3., 4., 7., or 8. below, owners or operators shall include those components (and associated equipment) in the lists described in section 95669(d)(1)(C)-(E) and shall identify the relied upon local air district rule for each entry in the lists.
1. San Joaquin Valley Air Pollution Control District Rule 4401: Steam-Enhanced Crude Oil Production Wells (Amended June 15, 2023).
2. San Joaquin Valley Air Pollution Control District Rule 4409: Components at Light Crude Oil Production Facilities, Natural Gas Production Facilities, and Natural Gas Processing Facilities (Amended June 15, 2023).
3. San Joaquin Valley Air Pollution Control District Rule 4623: Storage of Organic Liquids (Amended June 15, 2023).
4. South Coast Air Quality Management District Rule 1148.1: Oil and Gas Production Wells (Amended March 5, 2004).
5. South Coast Air Quality Management District Rule 1173: Control of Volatile Organic Compound Leaks and Releases from Components at Petroleum Facilities and Chemical Plants (Amended February 6, 2009).
6. South Coast Air Quality Management District Rule 1176: VOC Emissions from Wastewater Systems (Amended September 13, 1996).
7. Ventura County Air Pollution Control District Rule 74.10: Components at Crude Oil and Natural Gas Production and Processing Facilities (Amended March 10, 1998).
8. Yolo-Solano Air Quality Management District Rule 2.23: Fugitive Hydrocarbon Emissions (Amended March 23, 1994).
(2) Components, -- including components found on tanks, separators, wells, and pressure vessels -- used exclusively for crude oil with an API gravity less than 20 averaged on an annual basis. The average annual API gravity shall be determined using certified reports submitted to CalGEM. This includes components used for crude oil and the associated produced water components.
(3) Components incorporated into produced water lines located downstream of a separator and tank system that meets any of the following requirements:
(A) Is controlled with the use of a vapor collection system as specified in section 95671.
(B) Is controlled with the use of a floating roof that meets the requirements of 40 CFR 60.112b(a)(1) or (2) (October 8, 1997).
(C) Meets any of the criteria in section 95668(a)(2).
(D) Has an annual emission rate less than or equal to 10 metric tons per year of methane as determined through flash analysis testing pursuant to section 95668(a).
(4) Natural gas distribution pipelines located at a crude oil production facility used for the delivery of commercial quality natural gas and which are not owned or operated by the crude oil production facility.
(5) Components that are buried below ground. The portion of well casing that is visible above ground is not considered a buried component.
(6) Components used to supply compressed air to equipment or instrumentation.
(7) Components operating under a negative gauge pressure or below atmospheric pressure.
(8) Components at a crude oil or natural gas production facility which are not owned or operated by the production facility.
(9) Temporary components used for general maintenance and used less than 300 hours per calendar year if the owner or operator maintains, and can make available at the request of the CARB Executive Officer, a record of the date when the components were installed.
(10) Well casing vents that are open to the atmosphere which are subject to the requirements specified in section 95668(g) of this subarticle.
(11) Components found on steam injection wells or water flood wells.
(12) Pneumatic controllers or pumps that use compressed air or electricity to operate.
(13) A compressor rod packing which is subject to annual emission flow rate testing as specified in section 95668(c)(4) of this subarticle.
(14) Components on equipment or wells that are actively undergoing drilling, completion, or maintenance activities. If an inspection of these components pursuant to section 95669(g) was missed as a result of this exemption, the components shall be inspected before the end of the calendar quarter in which the drilling, completion, or maintenance activities are finished.
(d) All components, including components found on tanks, separators, wells (including idle wells), and pressure vessels not identified in section 95669(c), shall be inspected and repaired within the timeframes specified in this section.
(1) By July 1, 2024, owners or operators shall develop facility-specific leak detection and repair plans that encompass all components not identified in section 95669(c). The plans shall be updated annually if any changes are made to the facility or equipment that alter the plan. Leak detection and repair plans shall include the following:
(A) Procedures for conducting surveys that ensure the surveys comply with the relevant sections of US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b).
(B) Sitemap.
(C) List of equipment to be monitored, including an identification number or detailed description for each piece of equipment.
(D) List of components to be monitored and the method for determining location of components in the field (e.g., tagging, identification on a process and instrumentation diagram, etc.).
(E) List of equipment and components that are designated as inaccessible or unsafe to monitor along with an explanation/review of conditions for the designation.
(F) For each piece of equipment, list the frequency for conducting surveys that complies with the requirements specified in this section.
(G) For each piece of equipment, list the repair timeframes for leaks of different sizes that comply with the requirements specified in this section.
(e) The CARB Executive Officer may perform inspections at facilities at any time to determine compliance with the requirements specified in this section.
(f) Except for inaccessible or unsafe to monitor components, owners or operators shall audio-visually inspect (by hearing and by sight) all hatches, pressure-relief valves, well casings, stuffing boxes, and pump seals for leaks or indications of leaks at least once every 24 hours for facilities that are visited daily, or at least once per calendar week for facilities that are not visited at least once every 24 hours.
(1) Owners or operators shall audio-visually inspect all pipes and pipelines within the facility boundaries for leaks or indications of leaks at least once every 12 months.
(2) Owners or operators shall maintain, and make available upon request by the CARB Executive Officer, a record of the dates of all audio-visual inspections conducted at the facility.
(3) Any audio-visual inspection specified in 95669(f) that indicates a leak that cannot be repaired within 24 hours shall be tested using US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b) within 24 hours after initial leak detection.
(A) For leaks detected during normal business hours, the leak measurement shall be performed within 24 hours. For leaks detected after normal business hours or on a weekend or holiday, the deadline is shifted to the end of the next normal business day.
(B) Any leaks measured above the minimum leak threshold shall be successfully repaired within the timeframes specified in this section.
(g) At least once each calendar quarter, all components shall be tested for leaks of total hydrocarbons in units of parts per million volume (ppmv) calibrated as methane in accordance with US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b).
(1) All inaccessible or unsafe to monitor components shall be inspected at least once annually using US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b).
(h) Any component with a leak concentration measured above the following standards shall be repaired within the time period specified below and in Table 1:
(1) A first attempt at repair shall be made within five (5) calendar days for leaks with measured total hydrocarbon concentrations greater than or equal to 1,000 ppmv but not greater than 9,999 ppmv, which shall be successfully repaired or removed from service within 14 calendar days of the initial leak detection using US EPA Reference Method 21 (October 1, 2017).
(2) Leaks with measured total hydrocarbon concentrations greater than or equal to 10,000 ppmv but not greater than 49,999 ppmv shall be successfully repaired or removed from service within five (5) calendar days of the initial leak detection using US EPA Reference Method 21 (October 1, 2017).
(3) Leaks with measured total hydrocarbon concentrations greater than or equal to 50,000 ppmv shall be successfully repaired or removed from service within two (2) calendar days of the initial leak detection using US EPA Reference Method 21 (October 1, 2017).
(4) Critical components or critical process units shall be successfully repaired by the end of the next process shutdown or within 12 months from the date of initial leak detection, whichever is sooner.
(5) A delay of repair may be granted by the CARB Executive Officer as specified in section 95670.1 of this subarticle.Table 1 -- Repair Time Periods

Leak ThresholdRepair Time Period
1,000-9,999 ppmvFirst attempt at repair within 5 calendar days and successful repair within 14 calendar days
10,000-49,999 ppmv5 calendar days
50,000 ppmv or greater2 calendar days
Critical Components and Critical Process UnitsNext scheduled shutdown or within 12 months, whichever is sooner

(i) Upon detection of a component with a leak concentration measured above the standards specified, the owner or operator shall affix to that component a weatherproof readily visible tag that identifies the date and time of leak detection measurement and the measured leak concentration. The tag shall remain affixed to the leaking component until it has been successfully repaired or replaced, after which the tag shall be removed.
(1) Successful repair shall be confirmed by re-measuring the component using US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b) to determine that the component is below the minimum leak threshold after repair or replacement.
(j) Owners or operators shall maintain, and make available upon request by the CARB Executive Officer, a record of all leaks found at the facility as specified in Appendix A, Tables A4 and A5, and shall report the results to CARB once per calendar year as specified in section 95673 of this subarticle. If a leak is found on a component associated with a well, the owner or operator shall indicate whether the well is active or idle as specified in Appendix A, Table A5.
(k) Hatches shall remain closed at all times except during sampling, adding process material, or attended maintenance operations.
(l) Pressure-vacuum valves shall not vent or actuate except when the operating pressure of the tank exceeds the valve set pressure, which shall be set to within ten (10) percent of the maximum allowable working pressure of the tank.
(m) Open-ended lines and valves located at the end of lines shall be sealed with a blind flange, plug, cap or a second closed valve, at all times except during operations requiring liquid or gaseous process fluid flow through the open-ended line. Open-ended lines do not include vent stacks used to vent natural gas from equipment that cannot be sealed for safety reasons. Open-ended lines shall be repaired as follows:
(1) Open-ended lines that are not capped or sealed shall be capped or sealed within seven (7) calendar days from the date of initial inspection.
(2) Open-ended lines that are capped or sealed and found leaking shall be repaired in accordance with the timeframes specified in section 95669(h).
(n) Components or component parts which incur five (5) repair actions within a continuous 12-month period shall be replaced with a compliant component in working order and shall be re-measured using US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b) to determine that the component is below the minimum leak threshold.
(1) The component shall be replaced and re-measured to be below the minimum leak threshold within 30 calendar days of the initial leak detection using US EPA Reference Method 21 (October 1, 2017) of the fifth (5th) leak.
(2) A delay of repair may be granted by the CARB Executive Officer as specified in section 95670.1 of this subarticle.
(3) A record of the replacement shall be maintained in a log at the facility, and shall be made available upon request by the CARB Executive Officer.
(o) Compliance with Leak Detection and Repair Requirements:
(1) The following provisions apply to inspections conducted by the CARB Executive Officer:
(A) No facility shall exceed the number of allowable leaks specified in Table 2 during a CARB Executive Officer inspection as determined in accordance with US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b).Table 2 -- Allowable Number of Leaks

Leak Threshold200 or Fewer Components InspectedMore than 200 Components Inspected
1,000-9,999 ppmv52% of total inspected
10,000-49,999 ppmv21% of total inspected
50,000 ppmv or greater00

(B) No component shall exceed a leak of total hydrocarbons greater than or equal to 50,000 ppmv during a CARB Executive Officer inspection as determined in accordance with US EPA Reference Method 21 (October 1, 2017) as specified in section 95669(b).
(C) The failure of an owner or operator to repair leaks within the timeframes specified in this subarticle shall constitute a violation of this subarticle.
(2) The following provisions apply to inspections conducted by the owner or operator:
(A) The failure of an owner or operator to repair leaks within the timeframes specified in this subarticle shall constitute a violation of this subarticle.
(B) Leaks discovered during an operator conducted inspection shall not constitute a violation if the leaking components are repaired within the timeframes specified in this subarticle.

Cal. Code Regs. Tit. 17, § 95669

Note: Authority cited: Sections 38510, 38562, 39600, 39601 and 41511, Health and Safety Code. Reference: Sections 38551, 38560, 38566, 39600 and 41511, Health and Safety Code.

Note: Authority cited: Sections 38510, 38562, 39600, 39601 and 41511, Health and Safety Code. Reference: Sections 38551, 38560, 39600 and 41511, Health and Safety Code.

1. New section and Appendices A, B and C filed 7-17-2017; operative 10/1/2017 (Register 2017, No. 29).
2. Amendment of section and Note filed 3-4-2024; operative 4/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 10).