N.J. Admin. Code § 7:27-16.18

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:27-16.18 - Leak detection and repair

(a) The provisions of this section shall apply to any owner or operator of the following:

1. Any petroleum refinery;

2. Any natural gas/gasoline processing plant;

3. Any synthetic organic chemical or polymer manufacturing facility; or

4. Any chemical plant, other than a synthetic organic chemical or polymer manufacturing facility, which is a major VOC facility.

(b) The provisions of this section shall apply only to equipment in contact with a substance that:

1. At any petroleum refinery, is 10 percent by weight or greater applicable VOC;

2. At any natural gas/gasoline processing plant, is one percent by weight or greater applicable VOC; or

3. At any synthetic organic chemical or polymer manufacturing facility, is ten percent by weight or greater gaseous applicable VOC or light liquid VOC and the equipment is used to produce greater than 1,100 tons per year (1,000 megagrams per year) of synthetic organic chemicals or polymers, or any combination thereof; or

4. At any chemical plant, other than a synthetic organic chemical or polymer manufacturing facility, is 10 percent by weight or greater applicable VOC, and the total quantity of applicable VOC processed in the equipment is greater than 550 tons per year. The total quantity processed shall include the total annual quantity of applicable VOC charged to all operations for which the equipment is used and does not include any in-process recycled and in-process refluxed applicable VOC and any applicable VOC which is generated during the process.

(c) After the applicable date set forth in Table 18A, no person subject to this section shall cause, suffer, allow or permit a regulated leak of any applicable VOC from any pressure relief device or any other component without moving parts (including, without limitation, flanges, manholes, hatches, instrument connections, sealed connections, joints and fittings), unless one of the following conditions is satisfied:

1. The person first attempts to repair the regulated leak, and completes the repair, as soon as is practicable but not beyond the time allotted for each of those actions in Table 18A;

2. The leak is an overpressure release discharge from a pressure relief device, for which the pressure relief device is designed, and the release is properly reported pursuant to any applicable law or rule; or

3. The leak is a discharge to an emergency device (such as a flare) that is designed to combust gases generated during process upsets for emergency events.

(d) After the applicable date set forth in Table 18B, no person subject to this section shall cause, suffer, allow or permit a regulated leak of any applicable VOC from any agitator or any other component with moving parts (including, without limitation, valves, pumps, compressors, agitators and diaphragms), unless the person first attempts to repair the leak, and completes the repair, as soon as is practicable but not beyond the time allotted for each of those actions in Table 18B.

(e) In determining the concentration of VOC in a gaseous leak from a component, the applicable VOC shall be measured at a distance within 0.4 inches (one centimeter) of the source in accordance with:

1. The EPA test reference method 21 set forth at 40 CFR part 60 Appendix A, using methane as the reference compound, unless the owner or operator chooses to use a more appropriate calibration gas with an established response factor for the instrument and to record and report the concentration in terms of methane; or

2. Any other equivalent test method approved in advance in writing by the Department and acceptable to EPA.

TABLE 18A
TIME LIMITS FOR LEAK REPAIR OF COMPONENTS WITHOUT MOVING PARTS

Maximum	Maximum
Number of	Number of
Days from	Days from
Date Leak	Date Leak
Was Detected	Was Detected	Date
until the	until the	Provisions
First Attempt	Repair Is	Becomes
Type of Leak	at Repair	Complete	Effective
Liquid Leak	2	15	July 26, 1994
Gaseous Leak having a
concentration of applicable
VOC above background
concentration equal to or
greater than:
10,000 ppm	5	15	July 26, 1994
1,000 ppm but less than
10,000 ppm	N/A	15	July 26, 1994

TABLE 18B
TIME LIMITS FOR LEAK REPAIR OF AGITATORS AND OTHER COMPONENTS
WITH MOVING PARTS

Maximum	Maximum
Number of	Number of
Days from	Days from
Date Leak	Date Leak
Was Detected	Was Detected	Date
until the	until the	Provision
First Attempt	Repair Is	Becomes
Type of Leak	at Repair	Complete	Effective
From an Agitator:
Liquid Leak	2	15	July 26, 1994
Gaseous Leak having a
concentration of applicable	5	15	July 26, 1994
applicable VOC greater than
10,000 ppm above background
concentration
From Other Components with
Moving Parts:
Liquid Leak	2	15	July 26, 1994
Gaseous Leak having a
concentration of applicable
VOC above background
concentration equal to or
greater than:
10,000 ppm	5	15	July 26, 1994
5,000 ppm but less than
10,000 ppm	N/A	15	4/1/95
1,000 ppm but less than
5,000 ppm	N/A	15	4/1/96

(f) The owner or operator of a petroleum refinery shall develop and implement a leak detection and repair program for any component subject to the provisions of (c) and (d) above. The program shall include the following provisions:

1. The minimum frequency of testing of components shall be as follows:

i. Annually, test all agitators, pumps and valves in light liquid service;

ii. Quarterly, test all compressors, valves, and pressure relief devices in gaseous service, unless on both of the last two occasions when such testing was conducted at the petroleum refinery the owner or operator determined that:

(1) Less than two percent of all the pumps, valves, compressors, and pressure relief devices tested had a regulated leak. In such an instance the owner or operator may elect to conduct such testing once every two quarters; or

(2) Less than one percent of all the pumps, valves, compressors, and pressure relief devices tested had a regulated leak. In such an instance the owner or operator may elect to conduct such testing once every four quarters;

iii. Monthly, visually inspect all pumps;

iv. Semi-annually, visually inspect any other type of component in light liquid service; and

v. Test any other type of component in gaseous service within 15 days after the component has been returned to service following having been taken apart or disconnected and reassembled;

2. By no later than five days after a pressure relief device has vented to the atmosphere, the pressure relief device shall be tested;

3. By no later than five days after repair, any component from which a regulated leak was detected shall be tested;

4. By July 1, 1982, the initial leak tests required in (f)1i, (f)1ii, and (f)1iii above shall be completed, and by May 31, 1995 the initial leak tests required in (f)1iv above shall be completed;

5. A readily visible identification tag shall be affixed to any component detected to have a regulated leak. The tag must bear a number identifying the component and the date on which the regulated leak was detected. The tag must remain in place until the regulated leak is repaired;

6. Any component detected to have a regulated leak shall be repaired, in accordance with the schedules set forth in Tables 18A or 18B above, unless a refinery process unit shutdown is necessary to repair the regulated leak. In such case, the regulated leak shall be repaired during the next process unit shutdown and prior to the next start-up;

7. Notwithstanding paragraphs (f)1 through 6 above, a component that does not come in contact with applicable VOC at any time during a specified monitoring period need not be monitored during that period, but, instead, must only be monitored within 30 days of when the component next comes in contact with applicable VOC; and

8. Notwithstanding paragraphs (f)1 through 6 above, equipment that is not operating need not be started up solely for the purpose of monitoring components within a specified monitoring frequency period, but, instead, components of such equipment must be monitored within 30 days of when the equipment is next restarted.

(g) The owner or operator of any natural gas/gasoline processing plant shall develop and implement a leak detection and repair program for any component subject to the provisions of (c) and (d) above. The program shall include the following provisions:

1. The minimum frequency of testing of components shall be as follows:

i. Quarterly, test all pumps, valves, compressors, and pressure relief devices, unless on both of the past two occasions such testing was conducted at any natural gas/gasoline processing plant the owner or operator determined that:

ii. Weekly, visually inspect all pumps; and

iii. Once every two years, test any other type of component;

2. By no later than five days after a pressure relief device has vented to the atmosphere, the pressure relief device shall be tested;

3. By no later than five days after repair, any component from which a regulated leak was detected shall be tested;

4. By March 31, 1987, the initial leak tests shall be completed;

6. Any component detected to have a regulated leak shall be repaired, in accordance with the schedules set forth in Tables 18A or 18B above, unless a process unit shutdown is necessary to repair the regulated leak. In such case, the regulated leak shall be repaired during the next process unit shutdown and prior to the next start-up;

7. Notwithstanding paragraphs (g)1 through 6 above, a component that does not come in contact with applicable VOC at any time during a specified monitoring period need not be monitored during that period, but, instead, must only be monitored within 30 days of when the component next comes in contact with applicable VOC; and

8. Notwithstanding paragraphs (g)1 through 6 above, equipment that is not operating need not be started up solely for the purpose of monitoring components within a specified monitoring frequency period, but, instead, components of such equipment must be monitored within 30 days of when the equipment is next restarted.

(h) The owner or operator of a synthetic organic chemical or polymer manufacturing facility subject to this section shall develop and implement a leak detection and repair program for any component subject to the provisions of (c) and (d) above. The program shall include the following provisions:

1. The minimum frequency of testing of components shall be as follows:

i. Quarterly test all agitators, pumps and valves in light liquid service, and compressors and pressure relief devices on equipment in gas service, unless on both of the past two occasions such testing was conducted at a synthetic organic chemical or polymer manufacturing facility the owner or operator determined that:

(1) Less than two percent of all the compressors, valves, and pressure relief devices tested had a regulated leak. In such an instance the owner or operator may elect to conduct such testing once every two quarters; and

(2) Less than one percent of all the compressors, valves, and pressure relief devices tested had a regulated leak. In such an instance the owner or operator may elect to conduct such testing once every four quarters;

ii. Weekly, visually inspect all pumps in light liquid service;

iii. Semi-annually, visually inspect any other type of component in light liquid service; and

iv. Test any type of component in gaseous service within 15 days after the component has been returned to service following having been taken apart or disconnected and reassembled;

2. By no later than five days after a pressure relief device has vented to the atmosphere, the pressure relief device shall be tested;

3. By no later than five days after repair, any component from which a regulated leak was detected shall be tested;

4. By March 31, 1987, the initial leak tests pursuant to (h)1i and (h)1ii above shall be completed, and by May 31, 1995, the initial leak tests required pursuant to (h)1iii above shall be completed;

6. Any leaking component detected to have a regulated leak shall be repaired, in accordance with the schedules set forth in Tables 18A or 18B above, unless a process unit shutdown is necessary to repair the regulated leak. In such case, the regulated leak shall be repaired during the next process unit shutdown and prior to the next start-up;

7. Notwithstanding paragraphs (h)1 through 6 above, a component that does not come in contact with applicable VOC at any time during a specified monitoring period need not be monitored during that period, but, instead, must only be monitored within 30 days of when the component next comes in contact with applicable VOC; and

8. Notwithstanding paragraphs (h)1 through 6 above, equipment that is not operating need not be started up solely for the purpose of monitoring components within a specified monitoring frequency period, but, instead, components of such equipment must be monitored within 30 days of when the equipment is next restarted.

(i) The owner or operator of a chemical plant that is a major VOC facility shall develop and implement a leak detection and repair program for any equipment subject to the provisions of (c) and (d) above if such equipment is not subject to the provisions of (f), (g), or (h) above. The program shall include the following provisions:

1. The minimum frequency of testing of components shall be as follows:

i. Annually, test all agitators, pumps, valves, and pressure relief devices in light liquid service;

ii. Quarterly, test all compressors, valves, and pressure relief devices in gas service, unless on both of the past two occasions such testing was conducted at a chemical plant the owner or operator determined that:

iii. Monthly, visually inspect all single mechanical seals and packed seal pumps; and

iv. Every six months, visually inspect any other type of component in light liquid service; and

v. Test any other type of component in gaseous service within 15 days after the component has been returned to service following having been taken apart or disconnected and reassembled;

2. By no later than five days after a pressure relief device has vented to the atmosphere, the pressure relief device shall be tested;

3. By no later than five days after repair, any component from which a regulated leak was detected shall be retested;

4. By May 31, 1995, the initial leak tests shall be initiated at the frequency required by (i)1i through (i)1v above;

7. Notwithstanding paragraphs (i)1 through 6 above, a component that does not come in contact with applicable VOC at any time during a specified monitoring period need not be monitored during that period, but, instead, must only be monitored within 30 days of when the component next comes in contact with applicable VOC; and

8. Notwithstanding paragraphs (i)1 through 6 above, equipment that is not operating need not be started up solely for the purpose of monitoring components within a specified monitoring frequency period, but, instead, components of such equipment must be monitored within 30 days of when the equipment is next restarted.

(j) Any owner or operator of a petroleum refinery subject to (f) above shall comply with (j)1 below beginning July 1, 1982, and shall comply with (j)2 below beginning October 1, 1982. Any owner or operator of a natural gas/gasoline processing plant or synthetic organic chemical/polymer manufacturing facility subject to (g) or (h) above, respectively, shall comply with (j)1 below beginning April 1, 1987, and shall comply with (j)2 below beginning July 1, 1987. Any owner or operator of a chemical plant subject to (i) above shall comply with (j)1 and 2 below beginning May 31, 1995:

1. A log of information about components detected to have regulated leaks shall be maintained. The log shall be retained for a minimum of five years and be made available immediately upon request by the Department. The log shall contain the following data for each instance in which a component is detected to have a regulated leak:

i. The name of the process unit where the component detected to have a regulated leak is located;

ii. The type of component;

iii. The tag identification number of the component;

iv. The date on which the regulated leak was detected;

v. The date on which the component detected to have a regulated leak was repaired;

vi. The date and instrument reading of the retest procedure after a component detected to have a regulated leak is repaired;

vii. A record of the calibration of the monitoring instrument;

viii. An identification of those regulated leaks that cannot be repaired without a process unit shutdown; and

ix. The total number of components monitored and the total number of components detected to have a regulated leak.

2. Within 30 days following the last day of every third month, a report shall be submitted to the Department's regional enforcement office that lists all components detected to have a regulated leak during the previous three calendar months that have not been repaired within the applicable time limits set forth in Tables 18A and 18B, all components detected to have a regulated leak whose repair is awaiting a process unit shutdown, all components not tested because they were not in contact with applicable VOC or not in operation during their specified monitoring period, the total number of components inspected, and the total number of components detected to have a regulated leak.

(k) Components that are insulated, encased, or enclosed may be tested for leaks at a distance within 0.4 inches (one centimeter) of the surface of the insulation, encasement, or enclosure.

(l) Notwithstanding the provisions of (f), (g), (h), and (i) above, difficult to monitor components installed prior to May 31, 1995, are exempt from quarterly testing requirements, and instead such testing shall be conducted on an annual basis.

(m) The reduced testing provisions pursuant to (l) above shall not apply to components installed on or after May 31, 1995, at a facility subject to this section. Instead, all such components installed on or after May 31, 1995 shall be tested in accordance with the other provisions of this section.

(n) The provisions of (f), (g), (h), and (i) above shall not apply to a pressure relief device which is connected to an operating flare or to a vapor recovery device, a storage tank valve, a valve that is not externally regulated, or a valve or other component in vacuum service.

(o) No owner or operator of any facility listed in (o)1 through 4 below shall install or operate a valve, except for a safety pressure relief valve, at the end of a pipe or line containing applicable VOC unless the pipe or line is sealed with a second valve, a blind flange, a plug or a cap. The sealing device may be removed only when a sample is being taken, during actual use in the process, or during maintenance. A fill line that is used to regularly fill containers is considered to be in actual use in the process for the purpose of this provision. Owners and operators of the following types of facilities are subject to this prohibition, beginning on the dates set forth below:

1. Any petroleum refinery subject to (f) above, after July 1, 1982:

2. Any natural gas/gasoline processing plant subject to (g) above, after July 1, 1987;

3. Any synthetic organic chemical or polymer manufacturing facility subject to (h) above, after July 1, 1987; or

4. Any chemical plant subject to (i) above, beginning May 31, 1995.

(p) The provisions of (f), (g), (h), and (i) above shall not apply to the following components:

1. A component which is primarily used in a laboratory operation or research facility;

2. A component that cannot be tested without immediate danger to the personnel conducting the test, or a component that cannot be tested because it is not accessible, and cannot practicably be made accessible, for conducting the test. For such components, the owner or operator shall document in writing:

i. The reason that the the component cannot be safely tested, or cannot practicably be made accessible for testing with monitoring equipment; and

ii. Under which circumstances and by what method, if any, the component can be tested. Further, when those circumstances do arise, the owner or operator shall cause testing that complies with this section to be performed and shall respond to the results of that testing as this section otherwise requires;

3. A pump that is inherently sealless by design, for example, a magnetic drive, canned motor, or diaphragm pump;

4. A pump equipped with dual mechanical seals, provided that the barrier fluid is not an applicable VOC and that:

i. Each dual mechanical seal is operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure;

ii. Each dual mechanical seal is equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a VOC control apparatus;

iii. Each dual mechanical seal is equipped with a closed-loop system that purges the barrier fluid into a process stream; or

iv. Each barrier fluid system is equipped with a device that provides detection for the failure of the seal system, the barrier fluid system, or both;

5. A leakless design Bellows type valve; and

6. Process equipment enclosed in such a manner that all emissions from any component with a leak is vented through a system that routes those emissions to a controlled emission point, provided that:

i. The enclosure is maintained under negative pressure at all times while the process unit is in operation; or

ii. The potential points of leakage from the enclosure are subjected to the same leak detection and repair requirements as the components would be if they were not enclosed.

(q) Notwithstanding the other subsections of this section, the owner or operator of a facility subject to the provisions of this section may use pressure testing with gas or liquid as an alternative method to comply with leak detection requirements.

1. If the pressure testing alternative is used for continuous processing equipment, the frequency of pressure testing shall be no less than the frequency set forth in (f), (g), (h) and (i).

2. If the pressure testing alternative is used for batch product processes:

i. Each time batch processing equipment is reconfigured, the batch product-process equipment shall be pressure tested for leaks before applicable VOC is first fed into the equipment and the equipment is placed in applicable VOC service, provided, however, that when the seal is broken between two items of equipment or when equipment is changed in a section of the batch product-processing equipment train, pressure testing is required only for the new or disturbed equipment; and

ii. Notwithstanding (i) above, each batch product process that operates in applicable VOC service during a calendar year shall be pressure tested at least once during the calendar year.

3. When pressure testing with a gas, the following procedures shall be used:

i. The product-process equipment shall be pressurized with a gas to the operating pressure of the equipment, but the equipment shall not be tested at a pressure greater than the pressure setting of the lowest relief valve setting in the portion of the equipment being tested;

ii. Once the test pressure is obtained, the gas source shall be shut off;

iii. The test shall continue for not less than 15 minutes unless it can be determined in a shorter period of time that the allowable rate of pressure drop is exceeded; and

iv. The pressure shall be measured at the beginning and at the end of the test period using a pressure measurement device (gauge, manometer, or equivalent) which has a precision of plus or minus 2.5 mm Hg. If the rate of pressure change is greater than one pound per square inch per hour, or if there is visible, audible or olfactory evidence of fluid loss, a regulated leak is detected.

4. When pressure testing with a liquid, the following procedures shall be used:

i. The product-process equipment shall be filled with the test liquid. Once the equipment is filled, the liquid source shall be shut off;

ii. The test shall be conducted for a period of at least 60 minutes, unless it can be determined in a shorter period of time that there is a regulated leak; and

iii. Each seal in the equipment being tested shall be inspected for indications of fluid loss. If there are any indications of liquid dripping or of fluid loss a regulated leak is detected.

(r) The owner or operator of a facility subject to the provisions of this section is exempt from the requirement to repair any regulated leak within the applicable time limits set forth in this section, so long as no applicable VOC is fed to the source operation of which the component is a part until testing confirms that the leak has successfully been repaired.

(s) An affirmative defense to liability for a violation of this section's requirements regarding time limits for repairs shall be available to any person who can demonstrate that:

1. Failure to comply with those time limits was caused by an inability to obtain the necessary parts through the exercise of due diligence; and

2. Keeping the necessary part in stock or otherwise available would have been technically or economically unreasonable; and

3. The parts were obtained and the repairs were made as quickly as the exercise of due diligence permitted.

(t) A leak shall not constitute a violation of this section so long as the component from which it appears has been monitored or inspected in accordance with this section and so long as the leak has been repaired in accordance with this section.

N.J. Admin. Code § 7:27-16.18

Recodified from 7:27-16.6(d)-(m) and amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 New Jersey Register 3339(a), 26 New Jersey Register 2600(a).
Administrative Correction.
See: 26 New Jersey Register 4793(a).
Amended by R.1995 d.255, effective 5/15/1995 (operative June 19, 1995).
See: 26 New Jersey Register4478(a), 27 New Jersey Register1979(b).
Administrative Correction.
See: 27 New Jersey Register 2740(a).