Section 95670.1 - Delay of Repair(a) A delay of repair allows the owner or operator to exceed the specified repair timeframe in this subarticle if all of the applicable requirements in this section are met. To request a delay of repair, the owner or operator shall notify the CARB Executive Officer to report the delay before the repair timeframe is exceeded, provide the justification for the delay, substantiate that justification with documentation as specified in section 95670.1(a)(3), and provide an estimated date by which the repairs will be completed that shall be as soon as practicable. If the owner or operator is using the justification in section 95670.1(a)(3)(E), they shall not submit an estimated repair date. The CARB Executive Officer shall approve or deny the delay of repair request based on whether the information submitted substantiates one of the acceptable justifications in section 95670.1(a)(3) and whether the estimated date by which repairs will be completed is as soon as practicable based on the best engineering judgement of the CARB Executive Officer in consideration of dates contained within the documentation submitted. (1) The CARB Executive Officer shall approve or deny a delay of repair request within five (5) calendar days after receiving the request. (A) If the CARB Executive Officer denies the delay of repair request, repairs shall be completed by the original allowable deadline, starting from the date of the denial. The total allowable days to repair from the date the concern was discovered would therefore include the original allowable deadline, plus the number of calendar days that the request was with the CARB Executive Officer, inclusive of the day the request was submitted and the day that the CARB Executive Officer issued the denial.(2) If the delay of repair is approved, the owner or operator shall complete the successful repair by the estimated repair date submitted in their delay of repair request, unless the justification for delay of repair is that specified in section 95670.1(a)(3)(E), in which case the owner or operator shall complete the successful repair in the time period allowable for the provision for which the delay was granted following the date that the reason for the delay of repair is resolved.(A) The owner or operator shall notify the CARB Executive Officer and provide the date of successful repair and the repaired leak concentration or emission flow rate within three (3) calendar days after the successful repair, as specified in section 95673(a)(20).(3) Acceptable justifications for delaying repair include: (A) Parts or equipment required to make necessary repairs have been ordered but will not arrive in time to complete the repairs within the repair timeframes specified in this subarticle. The owner or operator shall submit to the CARB Executive Officer proof that parts or equipment required to make necessary repairs have been ordered and shipping information that shows the estimated date by which the parts or equipment will arrive. If shipping information is not available (e.g., for a custom part that needs to be manufactured), the owner or operator shall submit documentation that indicates an estimated date that the parts or equipment will be either be available to ship or delivered.(B) The necessary repairs require personnel with specialized knowledge, experience, or equipment, and the personnel have been scheduled but cannot arrive in time to complete the repairs within the repair timeframes specified in this subarticle. The owner or operator shall submit to the CARB Executive Officer documentation that shows which company has been scheduled and the date on which they are scheduled to arrive.(C) Emissions resulting from repair within the allowed timeframe would be greater than emissions resulting from delaying the repair (e.g., if a process unit must be shut down to complete the repairs and emissions would occur as a result of the shutdown). The owner or operator shall submit calculations to the CARB Executive Officer demonstrating the estimated emission reductions from delaying the repair. The emission flow rate used in the calculation shall be obtained by direct measurement or by using a correlation equation to convert from concentration to emission flow rate. If the delay of repair extends to the next measurement period, the leak concentration or direct emission flow rate shall be re-measured, and if the emission flow rate (either estimated using a correlation equation or by direct measurement) increases by greater than 20%, updated emission reduction calculations shall be submitted to the CARB Executive Officer.(D) A system owned or operated by a gas service utility has been temporarily classified as critical to reliable public gas system operation as ordered by the utility's gas control office. The owner or operator shall submit to the CARB Executive Officer documentation of such a classification.(E) Wildlife is found to be present on a component and work must be halted or postponed within a certain distance of the wildlife in order to comply with state and federal wildlife regulations. The owner or operator shall submit to the CARB Executive Officer what type of wildlife is found to be present and identify the state or federal wildlife regulations that require work to be halted or postponed.(4) If, after approval of a delay of repair request, the owner or operator cannot make repairs by the estimated date submitted in the delay of repair request, the owner or operator shall submit a new delay of repair request prior to the estimated date of repair.(5) The owner or operator shall maintain, and make available upon request by the CARB Executive Officer, records documenting the conditions justifying the delay of repair request as described in sections 95670.1(a)(3)(A) through (E).(b) All delay of repair requests and reporting of successful repairs following a delay of repair shall be e-mailed to [email protected] with the subject line "Delay of Repair."Cal. Code Regs. Tit. 17, § 95670.1
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.
1. New section filed 3-4-2024; operative 4/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 10).