Cal. Code Regs. tit. 17 § 95671

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 95671 - Vapor Collection Systems and Vapor Control Devices
(a) The following requirements apply to equipment at facilities in sectors listed in section 95666 that shall be controlled with the use of a vapor collection system and control device as a result of the requirements specified in section 95668 of this subarticle.
(b) Unless section 95671(c) applies, the vapor collection system shall direct the collected vapors to one of the following:
(1) Sales gas system;
(2) Fuel gas system; or
(3) Gas disposal well not currently under review by CalGEM.
(c) If no sales gas system, fuel gas system, or gas disposal well specified in section 95671(b) is available at the facility, the owner or operator shall control the collected vapors as follows:
(1) For facilities without an existing vapor control device installed at the facility, the owner or operator shall install a new vapor control device as specified in section 95671(d).
(2) For facilities currently operating a vapor control device and which are required to control vapors collected as a result of this subarticle, the owner or operator shall replace the existing vapor control device with a new vapor control device as specified in section 95671(d) to control all of the collected vapors, if the device does not already meet the requirements specified in section 95671(d).
(d) Any vapor control device required in section 95671(c) shall meet the following requirements:
(1) If the vapor control device is to be installed in a region classified as non-attainment with any state or federal ambient air quality standard for ozone, respirable particulate matter (PM10), fine particulate matter (PM2.5), or nitrogen dioxide, the owner or operator shall install one of the following devices that follows all applicable performance test requirements in Appendix F (beginning July 1, 2024, including devices required in section 95671(c) prior to July 1, 2024), and meets all applicable federal, state, and local air district requirements:
(A) A non-destructive vapor control device that achieves at least 95 percent vapor control efficiency of total emissions and does not result in emissions of nitrogen oxides (NOx); or
(B) A vapor control device that achieves at least 95 percent vapor control efficiency of total emissions and does not generate more than 15 parts per million volume (ppmv) NOx when measured at 3 percent oxygen and does not require the use of supplemental fuel gas, other than gas required for a pilot burner, to operate.
(2) If the vapor control device is to be installed in a region not covered under section 95671(d)(1), the vapor control device shall achieve at least 95 percent vapor control efficiency of total emissions, follow all applicable performance test procedures in Appendix F (beginning July 1, 2024, including devices required in section 95671(c) prior to July 1, 2024), and meet all applicable federal, state, and local air district requirements.
(e) Beginning July 1, 2024, the owner or operator shall comply with all requirements for vapor collection systems and vapor control devices in Appendix E. Owners or operators who controlled emissions as a result of the requirements of this subarticle with the use of a vapor collection system or vapor control device as specified in section 95671 prior to July 1, 2024, shall also comply with all applicable requirements in Appendix E beginning July 1, 2024.
(f) If the collected vapors cannot be controlled as specified in sections 95671(b) through (e) of this subarticle, the equipment subject to the vapor collection and control requirements specified in this subarticle shall not be used or installed and shall be removed from service within 180 days of conducting testing indicating that vapors shall be controlled.
(g) Vapor collection systems and control devices are allowed to be taken out of service for up to 14 calendar days per calendar year for performing maintenance.
(1) A time extension to perform maintenance not to exceed 14 calendar days per calendar year may be requested by the owner or operator by submitting a request to the CARB Executive Officer before the initial 14 calendar-day limit is exceeded, which shall include the number of additional maintenance days requested for the calendar year and justification for necessity of the additional maintenance, including why the days requested are necessary to perform that maintenance.
(A) The CARB Executive Officer shall approve or deny the request within five (5) calendar days based on their best engineering judgment of whether the owner or operator has demonstrated that the additional maintenance is necessary and that the additional days requested are necessary to perform that maintenance.
(B) Requests shall be submitted by e-mail to [email protected] with the subject line "Vapor Collection System Maintenance Extension."
(C) The owner or operator shall notify the CARB Executive Officer within three (3) calendar days after the maintenance has been completed and the equipment is returned to service as described in section 95673(a)(21).
(2) The owner or operator is responsible for maintaining a record of the number of calendar days per calendar year that the vapor collection system or vapor control device is out of service and shall provide a record of such activity at the request of the CARB Executive Officer.
(3) If an alternate vapor control device compliant with this section is installed prior to conducting maintenance and the vapor collection and control system continues to collect and control vapors during the maintenance operation consistent with the applicable standards specified in section 95671, the event does not count towards the 14 calendar day limit.
(4) Vapor collection system and control device shutdowns that result from utility power outages are not subject to enforcement action provided the equipment resumes normal operation as soon as normal utility power is restored. Vapor collection system and control device shutdowns that result from utility power outages do not count towards the 14 calendar-day limit for maintenance.

Cal. Code Regs. Tit. 17, § 95671

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. Amendent of section filed 3-4-2024; operative 4/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 10).