N.Y. Comp. Codes R. & Regs. tit. 6 § 236.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 236.4 - Repair requirements

(a) Any owner or operator of a synthetic organic chemical manufacturing facility shall repair leaking components in accordance with this section.

(b) Once a leaking component is identified, any owner or operator subject to this Part must:

(1) affix a weatherproof and readily visible tag to the leaking component bearing an identification number and the date the leak was detected. This tag must not be removed until the component is repaired and passes reinspection;

(2) make an initial attempt to repair the leaking component within five days;

(3) repair the leaking component as soon as practicable, but not later than 15 calendar days after the leak is detected; and

(4) remonitor all leaking components within 48 hours after repairs have been completed.

(c) Delay of repair of components as described in subdivision (b) of this section will be allowed by the department provided that an initial attempt to repair is made after which a decision is made by a duly authorized representative of the facility that replacement parts necessary to complete the repair are not available in time, or that repair of the leaking component is technically infeasible without a process unit shutdown. Repair of such a component must be completed during the next process unit shutdown and before subsequent start-up.

(d) The department may require the rescheduling of a planned process unit shutdown to an earlier date based on the number and severity of tagged leaks awaiting repair at shutdown. Before requiring a rescheduled shutdown, the department shall consider the effect of the shutdown on production, the availability of needed repair equipment, and the time required for contracting outside labor and/or rescheduling facility personnel and shall so direct the source owner in writing to comply with the rescheduled shutdown. The source owner shall comply with the department's directive, or shall request that a directed rescheduling of a planned process unit shutdown be reconsidered according to the following procedure:

(1) A request for reconsideration must be filed in writing with the department within 20 days of the receipt of the department's directed rescheduling, and must be signed by a duly authorized representative of the facility.

(2) Such request must include a statement supporting the source owner's claims of misapplication of laws or regulations in the department's directive, and a statement specifying the relief sought by the source owner.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 236.4