La. Admin. Code tit. 33 § III-2121

Current through Register Vol. 50, No. 4, April 20, 2024

Section III-2121 - Fugitive Emission Control

A. Applicability. This Section is applicable to each process unit at petroleum refineries, natural gas processing plants, synthetic organic chemical manufacturing industry (SOCMI) facilities , methyl tertiary butyl ether (MTBE) manufacturing facilities, and polymer manufacturing facilities that contains any of the following components that operate in volatile organic compound ( VOC) service for 300 hours or more during the calendar year:

1. pumps;

2. compressors;

3. pressure relief devices;

4. open-ended valves or lines;

5. process drains;

6. valves;

7. agitators;

8. instrumentation systems; and

9. connectors.

B. Definitions. Terms used in this Section are defined in LAC 33:III.111.A of these regulations with the exception of those terms specifically defined in this Section as follows.

Alternative Work Practice (AWP)-the use of optical imaging to detect leaks as described in 40 CFR 60.18(g), (h) and (i).

Connector-flanged, screwed, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. Joined fittings welded completely around the circumference of the interface are not considered connectors.

Difficult-to-Monitor-equipment that cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.

Double Block and Bleed System-two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.

Equipment-each pump, compressor, pressure relief device, open-ended valve or line, process drain, valve, agitator, instrumentation system, and connector in VOC service. For the purpose of these regulations equipment shall be synonymous with component.

Force Majeure-an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents the owner or operator from complying with the regulatory requirement within the specified timeframe despite the affected facility's best efforts to fulfill the obligation. Examples of such events are:

a. acts of nature;

b. acts of war or terrorism; or

c. equipment failure or safety hazard beyond the control of the affected facility.

In Gas/Vapor Service-equipment that contains a VOC in a gas or vapor state at operating conditions.

In Heavy Liquid Service-equipment that is not in gas/vapor service or in light liquid service.

In Light Liquid Service-

a. equipment containing a fluid that meets all of the following conditions:

i. the vapor pressure of one or more of the organic compounds is greater than 0.3 kPa (0.0435 psi) at 20°C (68°F) (Standard reference texts or ASTM D2879-83, 96, or 97 shall be used to determine the vapor pressure.);

ii. the total concentration of the pure organic compounds having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight; and

iii. the fluid is a liquid at operating conditions;

b. as an alternative to Subparagraph a of this Paragraph, an owner or operator of petroleum refineries, natural gas processing plants, and polymer manufacturing facilities has the option to use ASTM method D86-78, 82, 90, 95, or 96. The equipment is in light liquid service if the evaporated fluid weight is greater than 10 percent at 150°C (302°F).

In Liquid Service-equipment that is not in gas/vapor service.

Inspect-examine the component for visible, audible, or olfactory evidence of a leak.

Instrumentation System-a group of equipment components used to condition and convey a sample of the process fluid to analyzers and instruments for the purpose of determining process operating conditions (e.g., composition, pressure, flow). Valves and connectors are the predominant types of equipment used in instrumentation systems; however, other types of equipment may also be included in these systems. Only valves nominally 0.5 inches or smaller and connectors nominally 0.75 inches or smaller in diameter are considered part of instrumentation systems for the purposes of this Section. Valves greater than nominally 0.5 inches and connectors greater than nominally 0.75 inches associated with instrumentation systems are not considered part of instrumentation systems and shall be monitored individually as a valve or connector.

In Vacuum Service-equipment operating at an internal pressure that is at least 20 inches of water (38 millimeters of mercury) below ambient pressure.

In VOC Service-

a. for petroleum refineries, SOCMI facilities, MTBE manufacturing facilities, and polymer manufacturing facilities:

i. a piece of equipment that contains or contacts a process fluid that is at least 10 percent VOC by weight;

b. for natural gas processing plants:

i. a piece of equipment that contains or contacts a process fluid that is at least 1.0 percent VOC by weight.

Monitor(ed)-determination of VOC concentration at equipment components in accordance with method 21 (see 40 CFR 60, appendix A-7), or the alternative work practice as provided in this Section.

Open-Ended Valve or Line-any valve, except pressure relief valves, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping.

Optical Gas Imaging Instrument-an instrument that makes emissions visible that may otherwise be invisible to the naked eye.

Process Drain-any opening (including a covered or controlled opening) that receives or conveys wastewater into a wastewater system.

Process Unit-a facility, or any part thereof, that can operate independently if supplied with sufficient feed or raw materials and sufficient storage facilities for the product.

Process Unit Shutdown-a work practice or operational procedure that stops production from a process unit or part of a process unit during which it is technically feasible to clear process material from a process unit or part of a process unit consistent with safety constraints and during which repairs can be effected. The following are not considered process unit shutdowns:

a. an unscheduled work practice or operational procedure that stops production from a process unit, or part of a process unit, for less than 24 hours;

b. an unscheduled work practice or operational procedure that would stop production from a process unit or part of a process unit for a shorter period of time than would be required to clear the process unit or part of the process unit of materials and start-up the unit, and would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown;

c. the use of spare equipment and technically feasible bypassing or isolating of equipment without stopping production; and

d. the idling of a process unit due to force majeure.

Repair-adjust or otherwise alter equipment in order to eliminate a leak.

Unsafe-to-Monitor-equipment that cannot be monitored without exposing monitoring personnel to immediate danger.

C. Fugitive Emission Control Requirements

1. Leak Limitations

a. No component listed in Paragraph A.1-9 of this Section shall be allowed to emit VOC:

i. exceeding an instrument reading of 10,000 parts per million (ppm), as determined by method 21 ( 40 CFR 60, Appendix A, as incorporated by reference in LAC 33:III.3003);

ii. which can be imaged when following the alternative work practice (AWP) as defined in Subsection B of this Section; or

iii. where visible, audible, or olfactory evidence indicates the presence of a leak.

2. Open-Ended Valves or Lines

a. Each open-ended valve or line shall be equipped with a second valve, blind flange, plug, or cap. These sealing devices may only be removed when the line is in use (i.e., when a sample is being taken). When the line has been used and is subsequently resealed, the upstream valve shall be closed first, followed by the sealing device.

b. When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves, but shall comply with Subparagraph C.2.a of this Section at all other times.

c. Open-ended valves or lines in emergency system(s) (e.g., pressure relief devices) which are designed to open automatically in the event of a process upset are exempt from the requirements of Subparagraph C.2.a of this Section.

d. Open-ended valves or lines containing asphalt, materials that would autocatalytically polymerize or would present an explosion, serious over pressure, or other safety hazard if sealed or equipped with a double block and bleed system are exempt from the requirements of Subparagraph C.2.a of this Section.

3. Leak Repair

a. The owner or operator shall make every reasonable effort to repair a leaking component, as described in Subparagraph C.1.a or Subparagraph D.3.b of this Section, within 15 calendar days of detection. A repair is considered successful if it meets any of the following conditions:

i. a component is monitored as defined in Subsection B of this Section (or remonitored) to verify that the instrument reading is below the applicable leak definition in Subparagraph C.1.a of this Section;

ii. a component that has been identified as leaking using the AWP, either meets Clause C.3.a.i of this Section, or the emissions are no longer visible using the AWP; or

iii. a component in liquid service that has been identified as leaking by visual, audible, or olfactory means, including, use of the soap bubble test for natural gas processing plants, either meets Clause C.3.a.i of this Section, or when visual, audible, or olfactory indications of the leak have been eliminated.

b. Equipment that cannot be repaired shall be placed on a delay-of-repair list, unless it can be isolated or bypassed to eliminate the leak. Equipment on the delay-of-repair list shall be repaired by the end of the next scheduled process unit shutdown. The administrative authority as defined in LAC 33:III.111.A reserves the right to take enforcement action pursuant to R.S. 30:2025, should it be determined that the total percentage of components on the delay-of-repair list is excessive or is causing damage to the public health or environment.

c. Equipment placed on the delay-of-repair list in accordance with Subparagraph C.3.b of this Section may be removed from the list if it meets any of the following conditions:

i. the equipment is monitored or imaged, and for two consecutive monthly periods, either the instrument readings are below the leak limitation specified in Subparagraph C.1.a of this Section or there are no visible emissions using an optical gas imaging instrument pursuant to the AWP; or

ii. the owner or operator has undertaken additional or extraordinary efforts to repair the leaking equipment, and subsequent monitoring or imaging demonstrates that either the instrument readings are below the leak limitation in Subparagraph C.1.a of this Section, or there are no visible emissions using an optical gas imaging instrument pursuant to the AWP. Extraordinary efforts are nonroutine repair methods (e.g., sealant injection, clamp installation) or utilization of a closed-vent system to capture and control the leak by at least 90 percent.

(a). Note. The decision to monitor equipment on the delay-of-repair list or undertake extraordinary efforts to repair equipment shall be made solely at the owner or operator's discretion.

D. Monitoring and Inspection Requirements. Monitoring of components by method 21 and inspections shall be conducted according to this Subsection. After initially complying with this Subsection by use of method 21, the owner or operator may elect to comply with the appropriate alternate monitoring schedule(s) in Subsection E of this Section. In lieu of method 21 monitoring, optical imaging may be conducted in accordance with the AWP. If the owner or operator elects to use the AWP, the requirements for instrument specifications, instruments checks, monitoring frequency, leak survey procedures, recordkeeping, and reporting shall be followed as described in 40 CFR 60.18(g), (h), and (i). The alternate monitoring schedule(s) in Subsection E of this Section are not applicable when using the AWP.

1. Petroleum refineries, SOCMI facilities, MTBE manufacturing facilities, and polymer manufacturing facilities shall perform the following:

a. monitor the following components one time per calendar year (annually):

i. pumps in light liquid service at refineries;

ii. valves in light liquid service at refineries; and

iii. process drains;

b. monitor the following components four times per year (quarterly):

i. compressor seals;

ii. valves in gas/vapor service;

iii. pressure relief valves in gas/vapor service;

iv. valves in light liquid service at SOCMI facilities, MTBE manufacturing facilities, and polymer manufacturing facilities; and

v. pumps in light liquid service at SOCMI facilities, MTBE manufacturing facilities, and polymer manufacturing facilities;

c. inspect pump seals visually 52 times a year (weekly);

d. inspect instrumentation systems weekly by visual, audible, or olfactory means. As an alternative to weekly sensory inspections, monitor individual valves of an instrumentation system in accordance with Clauses D.1.a.ii, D.1.b.ii, or D.1.b.iv of this Section, as applicable;

e. records of visual, audible, or olfactory inspections of connectors and instrumentation systems are not required unless a leak is detected.

2. Natural gas processing plants shall perform the following:

a. inspect pump seals and compressor seals visually 52 times a year (weekly);

b. monitor the following components four times a year (quarterly):

i. pumps in light liquid service;

ii. compressor seals;

iii. valves in light liquid service and valves in gas/vapor service; and

iv. pressure relief valves in gas/vapor service;

c. inspect instrumentation systems 52 times a year (weekly) by visual, audible, or olfactory means. As an alternative to weekly sensory inspections, monitor individual valves of an instrumentation system in accordance with Clause D.2.b.iii of this Section;

d. records of visual, audible, or olfactory inspections of instrumentation systems are not required unless a leak is detected.

3. Facilities listed in Paragraphs D.1 and 2 of this Section shall perform the following:

a. monitor any pressure relief valve in gas/vapor service within five calendar days after it has vented to the atmosphere. Difficult-to-monitor pressure relief valves shall be monitored within 15 calendar days and unsafe-to-monitor pressure relief valves shall be monitored as soon as possible, when conditions would allow the component to be safely monitored;

b. within five calendar days, any component listed in Paragraphs A.1-9 of this Section identified as leaking by visual, audible, or olfactory means shall be:

i. repaired in accordance with Clause C.3.a.iii of this Section;

ii. monitored (using either method 21 or the AWP); or

iii. designated as a leak (pursuant to method 21 or the AWP);

c. difficult-to-monitor components shall be monitored within 15 calendar days and unsafe-to-monitor components shall be monitored as soon as possible, when conditions allow the component to be safely monitored. Visual, audible, or olfactory leaks designated as a leak or confirmed to be in excess of the applicable leak limitation in Subparagraph C.1.a of this Section by method 21 monitoring, shall be repaired according to Subparagraph C.3.a of this Section;

d. difficult-to-monitor valves shall be monitored once per calendar year (annually);

e. unsafe-to-monitor equipment shall be monitored as soon as possible when conditions allow the component to be monitored safely (e.g., during a shutdown);

f. any valve that is designated for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of Clause D.1.a.ii, D.1.b.ii, D.1.b.iv, or D.2.b.iii of this Section if the valve:

i. has no external actuating mechanism in contact with the process fluid (e.g., diaphragm valves, sealed bellows valves);

ii. is operated with emissions less than 500 ppm above background as measured by method 21; and

iii. is monitored for compliance with Clause D.3.e.ii of this Section initially upon designation and once per calendar year thereafter;

g. equipment that begins operation after the initial start-up date for the process unit shall be monitored for the first time by the end of the monitoring period in which the process unit start-up is completed, or 45 calendar days after the start-up period is completed, whichever is later. equipment that replaces leaking equipment shall continue on the monitoring schedule for the equipment that it replaced;

h. monitoring to verify repairs that were made during a process unit shutdown shall occur by the end of the monitoring period in which the process unit start-up is completed, or 45 calendar days after the start-up period is completed, whichever is later.

4. Exemptions. Monitoring and inspections are not required on the following:

a. check valves;

b. pressure relief devices, pump seals or packing, and compressor seals or packing where leaks are vented to a process or fuel gas system, or equipped with a closed-vent system capable of transporting leakage to a control device;

c. pressure relief devices equipped with a rupture disc, or other similar leak-tight pressure relief component, upstream of the pressure relief device; provided that after each pressure release, the rupture disc, or other similar leak-tight component is replaced as soon as practicable; but not later than 15 calendar days;

d. equipment in vacuum service;

e. equipment at natural gas processing plants with less than 40 million standard cubic feet per day rated capacity that do not fractionate natural gas liquids;

f. components contacting only organic compounds exempted in LAC 33:III.2117 or mixtures of same with water;

g. pumps and compressors that are sealless or have a double mechanical seal;

h. pumps designed with no external shaft penetrating the pump housing;

i. research and development pilot facilities and small facilities with less than 100 valves in gas/vapor or liquid service;

j. insulated or buried equipment;

k. components that have been placed on a delay-of-repair list are exempt from further monitoring until a repair has been attempted, except that an owner or operator may monitor components on the delay-of-repair list in accordance with Subparagraph C.3.c of this Section in order to remove equipment from the delay-of-repair list; and

l. process drains that are components of individual drain systems subject to 40 CFR 60, subpart QQQ, 40 CFR 61, subpart FF, or 40 CFR 63, subparts G or YY.

5. Alternate Monitoring Program. Any facility that already has in place a fugitive emission monitoring program which controls emissions to a higher degree than required under this Section shall be exempted from this Section upon submittal of a description of the program to the administrative authority* as defined in LAC 33:III.111.A. A facility which has consolidated into an overall more stringent program in accordance with the Louisiana Consolidated Fugitive Emissions Program (i.e., with a source notice and agreement or a title V permit) is exempted from the requirement of submitting a description of the program to the administrative authority*. (The Louisiana Fugitive Emission Program consolidation guidelines are contained in LAC 33:III.2199.Appendix B.)

6. Force Majeure

a. If a force majeure is about to occur, occurs, or has occurred for which the affected owner or operator intends to assert a claim of force majeure, the owner or operator shall notify the administrative authority, in writing, as soon as practical following the date the owner or operator first knew, or through due diligence should have known that the event may cause or has caused a delay in monitoring beyond the regulatory deadline. The notification shall occur before the monitoring deadline unless the initial force majeure event delays the notice, and in such cases, the notification shall occur as soon as practicable.

b. The owner or operator shall provide to the administrative authority a written description of the force majeure event and a rationale for attributing the delay in monitoring beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the monitoring. The monitoring shall be conducted as soon as practicable after the force majeure occurs.

c. The decision to grant an extension to the monitoring deadline is solely within the discretion of the administrative authority. The administrative authority shall notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practical.

d. Until an extension of the monitoring deadline has been approved by the administrative authority under Subparagraph D.6.c of this Section, the owner or operator of the affected facility remains subject to the requirements of this Section.

E. Alternate Monitoring Frequency. The monitoring schedule in Paragraph D.1 or 2 of this Section may be modified as follows.

1. Alternate Standards for Valves and Pumps subject to Subparagraph D.1.b or D.2.b of this Section-Skip Period Leak Detection and Repair

a. An owner or operator may elect to comply with one of the alternate work practices specified in Subparagraph E.1.b or c of this Section. However, the administrative authority shall be notified in writing before one of the alternate work practices is implemented.

b. After two consecutive quarterly leak detection periods with the total percent of leaking and delay-of-repair components (Equation 1 of this Section) equal to or less than 2.0, an owner or operator may begin to skip one of the quarterly leak detection periods for valves in gas/vapor service, valves in light liquid service, and/or pumps in light liquid service.

c. After five consecutive quarterly leak detection periods with the total percent of leaking and delay-of-repair components (Equation 1 of this Section) equal to or less than 2.0, an owner or operator may begin to skip three of the quarterly leak detection periods for valves in gas/vapor service, valves in light liquid service, and/or pumps in light liquid service.

d. If the total percent of leaking and delay-of-repair components (Equation 1 of this Section) increases to greater than 2.0 after implementing one of the alternate work practices in Subparagraph E.1.b or c of this Section, the owner or operator shall comply with the requirements as described in Paragraph D.1 or 2 of this Section, but subsequently may elect to use this Subsection when the requirements are met.

2. Alternate Standards for Valves and Pumps Subject to Subparagraph D.1.b or D.2.b-Increased Monitoring Frequency. If the total percent of leaking and delay-of-repair components (Equation 1 of this Section) is greater than 2.0, then an increase in the frequency of monitoring may be required by the administrative authority.

3. The total percent of leaking and delay-of-repair components for which alternate control techniques are allowed by this Subsection shall be determined for each process unit using Equation 1. (Equation 1 shall be calculated separately for each component type.)

Equation 1

%C_T1 = [C_L + C_TU]/[C_T + C_TU] * 100%

where:

%C_T1 = total percent of leaking components including delay-of-repair components

C_L = number of components found leaking by Method 21 during the monitoring period, not including components remonitored to verify repair or components on the delay-of-repair list at the end of the previous monitoring period

C_TU = number of components on the delay-of-repair list at the end of the previous monitoring period

C_T = number of components monitored by Method 21 during the monitoring period, not including components remonitored to verify repair or components on the delay-of-repair list at the end of the previous monitoring period

F. Recordkeeping

1. When a component remains leaking after every reasonable attempt at repair within the 15-calendar day period provided by Subparagraph C.3.a of this Section has been exhausted, a weatherproof and readily visible tag bearing an identification number and the date the leak was located shall be affixed to the leaking component. After the leak has been repaired, the tag may be removed.

2. A survey log shall be maintained by the operator which shall include the following:

a. the name of the process unit where the leaking component is located;

b. the type of leaking component;

c. the stream identification at the leak;

d. the identification number from the tag required by Paragraph F.1 of this Section;

e. the date the leak was located;

f. the date maintenance was performed;

g. the date the component was rechecked after maintenance, and the results (i.e., instrument reading; visual, audible, or olfactory results; soap bubble test results; AWP video);

h. a record of the monitor calibration or AWP daily instrument check;

i. a delay-of-repair list;

j. a bypassed or isolated component list; and

k. a record of all monitoring, imaging, and inspection results.

3. The owner or operator shall retain the survey log for two years after the latest date specified in Paragraph F.2 of this Section and make the log available to the administrative authority upon request.

4. The optional use of the AWP shall require storing video and other records of the daily instrument check and inspections as required in 40 CFR 60.18.

G. Reporting Requirements. The owner or operator of the affected facility shall submit a report semiannually to the Office of Environmental Services for each calendar quarter during the reporting period. The reports are due by the last day of the month (i.e., January 31 and July 31) following the monitoring period or by an alternate date approved by the administrative authority. The reports shall include the following information for each quarter of the reporting period:

1. the number of each component type for which monitoring is required by Subsection D or E of this Section versus the number monitored and the total percent of leaking and delay-of-repair components (see Equation 1 of this Section) for each component type for which alternate control techniques are allowed by Subsection E of this Section;

2. a listing of all leaks that were identified, but not repaired, within the 15-day limit, including the following information:

a. the name of the process unit where the leaking component is located and the date of last unit shutdown;

b. the type of the leaking component;

c. the stream identification at the leak;

d. the identification number from the tag required by Paragraph F.1 of this Section, if the component is on the delay-of-repair list;

e. the date the leak was located;

f. the monitoring or inspection results;

g. the date maintenance was performed;

h. the date the leak is expected to be repaired if the component is on the delay-of-repair list; and

i. the reason repairs failed or were postponed;

3. a signed statement attesting to the fact that all requirements of this Section have been met.

La. Admin. Code tit. 33, § III-2121

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 17:654 (July 1991), LR 21:1330 (December 1995), LR 22:1128 (November 1996), LR 22:1212 (December 1996), LR 24:22 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:1433 (July 2000), LR 26:2452 (November 2000), LR 30:1659 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:70 (January 2008), amended by the Office of the Secretary, Legal Division, LR 38:2752 (November 2012), LR 39:2239 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.