Section 115.782 - Procedures and Schedule for Leak Repair and Follow-up(a) Tagging. Upon the detection or designation of a leaking component, a weatherproof and readily visible tag, bearing the component identification and the date the leak was detected, must be affixed to the leaking component. The tag must remain in place until the leaking component is repaired.(b) General rule - time to repair. (1) For leaks detected over 10,000 parts per million by volume (ppmv), a first attempt at repairing the leaking component must be made no later than one business day after the leak is detected, and the component must be repaired no later than seven calendar days after the leak is detected.(2) For all other leaks, a first attempt at repairing the leaking component must be made no later than five calendar days after the leak is detected, and the component must be repaired no later than 15 calendar days after the leak is detected.(3) Except as specified in paragraph (4) of this subsection, for any leak detected using the alternative work practice in § 115.358 of this title (relating to Alternative Work Practice), a first attempt at repairing the leaking component must be made no later than one business day after the leak is detected, and the component must be repaired no later than seven calendar days after the leak is detected. If the owner or operator measures the leak concentration using Method 21 in 40 Code of Federal Regulations Part 60, Appendix A-7 (October 17, 2000) and demonstrates the leak concentration is 10,000 ppmv or less, then the time to repair is as specified in paragraph (2) of this subsection. The Method 21 test must be performed no later than the next business day after the leak was detected using the alternative work practice in § 115.358 of this title.(4) For any leak detected using the alternative work practice in § 115.358 of this title from a component classified as difficult to monitor using Method 21, but not classified as difficult to monitor using the alternative work practice, the time to repair is as specified in paragraph (2) of this subsection.(c) Delay of repair. (1) For all components (except valves specified in paragraph (2) of this subsection), repair may be delayed beyond the period designated in subsection (b) of this section for any of the following reasons. (A) The component is isolated from the process and does not remain in highly-reactive volatile organic compound (HRVOC) service.(B) If the repair of a component within seven or 15 days (as specified in subsection (b) of this section) after the leak is detected would require a process unit shutdown that would create more emissions than the repair would eliminate, the repair may be delayed until the next scheduled process unit shutdown, provided that the owner or operator meets the conditions in both clause (i) and (ii) of this subparagraph, or meets the conditions of either clause (iii) or (iv) of this subparagraph. (i) The owner or operator maintains documentation of the following calculations, and makes the documentation available upon request to authorized representatives of the United States Environmental Protection Agency (EPA), the executive director, and any local air pollution control agency with jurisdiction. (I) The owner or operator shall calculate the expected mass emissions resulting from the next scheduled process unit shutdown, clearing, and subsequent startup of the unit, including the basis for the calculation and all assumptions made.(II) The owner or operator shall calculate the mass emission rates from each leaking component in the process unit for which delay of repair is sought as determined by using the methods in the EPA correlation approach in Section 2.3.3 of the EPA guidance document Protocol for Equipment Leak Emission Estimates (EPA-453/R-95-017, November 1995) alone or in combination with the mass emission sampling approach in Chapter 4 of the guidance document (EPA-453/R-95-017, November 1995). To use the EPA correlation approach, the estimated hourly mass emission rate for each component shall be based on the component's current screening concentration using Method 21. The initial calculation must be performed within 30 days after the leak is detected. Where the monitoring instrument is not calibrated to read past the leak definition or 100,000 ppmv, the pegged emission rate values in Tables 2-13 and 2-14 in Section 2.3.3 of the EPA guidance document Protocol for Equipment Leak Emission Estimates must be used as appropriate. If the mass emission sampling approach is used, it replaces the estimated emissions rate of the EPA correlation approach in the calculation. For any leak detected using the alternative work practice in § 115.358 of this title that a corresponding Method 21 or mass emission sampling test was not performed on that specific leak, the owner or operator shall use the 100,000 ppmv pegged emission rate values in Tables 2-13 and 2-14 in Section 2.3.3 of the EPA guidance document Protocol for Equipment Leak Emission Estimates, as appropriate.(III) The owner or operator shall calculate the daily mass emissions from each leaking component in HRVOC service in the process unit for which delay of repair is sought calculated as 24 times the hourly mass emission rate determined as required by subclause (II) of this clause.(IV) The owner or operator shall calculate the total daily mass emissions in the process unit from the calculations made in subclause (III) of this clause for leaking components in HRVOC service in the unit for which delay of repair is sought.(ii) The total daily mass emissions from leaking components in HRVOC service in the process unit for which delay of repair is sought as determined in clause (i)(IV) of this subparagraph will be less than the daily mass emissions resulting from shutdown, clearing, and subsequent startup of the unit as determined in clause (i)(I) of this subparagraph or 500 pounds, whichever is greater.(iii) As an alternative to the requirements of clause (i) and (ii) of this subparagraph, delay of repair is allowed for each leaking component for which the owner or operator has chosen to undertake extraordinary efforts to repair the leak. For purposes of this subparagraph, extraordinary efforts is defined as nonroutine repair methods (e.g., sealant injection) or utilization of a closed-vent system to capture and control the leaks by at least 90%.(I) For leaks detected over 10,000 ppmv, extraordinary efforts must be undertaken within 22 calendar days after the leak is found. The owner or operator may keep the leaking component on the shutdown list only after two unsuccessful attempts to repair the leaking component through extraordinary efforts, provided that the second extraordinary effort attempt is made within 37 calendar days after the leak is found.(II) For all other leaks, extraordinary efforts must be undertaken within 30 calendar days after the leak is found, and a second extraordinary effort attempt is not required to keep the component on the shutdown list.(III) For any leak detected from a component using the alternative work practice in § 115.358 of this title, extraordinary efforts must be performed as specified in subclause (I) of this clause. If the owner or operator measures the leak concentration using Method 21 and demonstrates the leak concentration is 10,000 ppmv or less, then extraordinary efforts must be as specified in subclause (II) of this clause. The Method 21 test must be performed no later than one business day after the leak was detected using the alternative work practice screening.(iv) The component is repaired or replaced at the next scheduled shutdown. The executive director may require an early process unit shutdown, or other appropriate action, based on the number and severity of leaks awaiting a shutdown.(C) The components are pumps, compressors, or agitators, and: (i) repair requires replacing the existing seal design with: (I) a dual mechanical seal system that includes a barrier fluid system;(II) a system that is designed with no externally actuated shaft penetrating the housing; or(III) a closed-vent system and control device that meets the requirements of § 115.783 of this title (relating to Equipment Standards); and(ii) repair is completed as soon as practicable, but no later than six months after the leak was detected.(2) For valves that are not pressure relief valves or automatic control valves, repair may only be delayed beyond the period designated in subsection (b) of this section if the conditions of either subparagraphs (A) or (B) of this paragraph are met.(A) The valves are repaired or replaced at the next scheduled process unit shutdown. The owner or operator shall also do one of the following. (i) The owner or operator undertakes extraordinary efforts to repair the leaking valve. For purposes of this subparagraph, extraordinary efforts is defined as nonroutine repair methods (e.g., sealant injection) or utilization of a closed-vent system to capture and control the leaks by at least 90%. (I) For leaks detected over 10,000 ppmv, extraordinary efforts must be undertaken within 14 calendar days after the leak is found. The owner or operator may keep the leaking valve on the shutdown list only after two unsuccessful attempts to repair a leaking valve through extraordinary efforts, provided that the second extraordinary effort attempt is made within 15 days of the first extraordinary effort attempt.(II) For all other leaks, extraordinary efforts must be undertaken within 30 calendar days after the leak is found, and a second extraordinary effort attempt is not required to keep the valve on the shutdown list.(III) For any leak detected from a component using the alternative work practice in § 115.358 of this title, extraordinary efforts must be performed as specified in subclause (I) of this clause. If the owner or operator measures the leak concentration using Method 21 and demonstrates the leak concentration is 10,000 ppmv or less, then extraordinary efforts must be as specified in subclause (II) of this clause. The Method 21 test must be performed no later than one business day after the leak was detected using the alternative work practice screening.(ii) The owner or operator maintains, and makes available upon request, documentation to authorized representatives of EPA, the executive director, and any local air pollution control agency having jurisdiction that demonstrates that there is a safety, mechanical, or major environmental concern posed by repairing the leak by using extraordinary efforts and emissions from the leaking valves are included in the calculation of total daily mass emissions required by paragraph (1)(B)(i)(IV) of this subsection.(B) The valve is isolated from the process and does not remain in HRVOC service.(d) Demonstration of repair. For the purposes of this section, a component is considered repaired: (1) for any component that the owner or operator monitors using the alternative work practice in § 115.358 of this title, when the component is demonstrated to no longer have a leak after adjustments or alterations to the component by either screening using an optical gas imaging instrument as specified in § 115.358 of this title or by using Method 21 at the leak definition in § 115.781(b)(9) of this title (relating to General Monitoring and Inspection Requirements); and(2) for all other components, when the component is demonstrated to no longer have a leak after adjustments or alterations to the component by the normal monitoring method required under this division.30 Tex. Admin. Code § 115.782
The provisions of this §115.782 adopted to be effective January 17, 2003, 28 TexReg 113; amended to be effective December 23, 2004, 29 TexReg 11623; amended to be effective June 24, 2010, 35 TexReg 5293