N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.28

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

Section 373-3.28 - Air emission standards for equipment leaks

(a)Applicability.

(1) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 373-3.1[a] of this Subpart).

(2) Except as provided in paragraph (o)(11) of this section, this section applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in one of the following:

(i) a unit that is subject to the permitting requirements of Subpart 373-1 of this Part; or

(ii) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 372.2(a)(8)(ii) of this Title (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Subpart 373-1 of this Title; or

(iii) a unit that is exempt from permitting under the provisions of section 372.2(a)(8)(ii) of this Title (i.e., a 90-day tank or container) and is not a recycling unit under the provisions of section 371.1(g) of this Title.

(3) Each piece of equipment to which this section applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.

(4) Equipment that is in vacuum service is excluded from the requirements of subdivisions (c) through (k) if it is identified as required in subparagraph (o)(7)(v) of this section.

(5) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of subdivisions (c) through (k) of this section if it is identified as required in subparagraph (o)(7)(vi) of this section.

Note:

The requirements of subdivisions (c) through (o) of this section apply to equipment associated with hazardous waste recycling units previously exempt under section 371.1(g)(3)(i) of this Title. Other exemptions under sections 371.1(e) and 373-3.1(a) of this Title are not affected by these requirements.

(6) Purged coatings and solvents from surface coating operations subject to the national emission standards for hazardous air pollutants (NESHAP) for the surface coating of automobiles and light-duty trucks at 40 CFR part 63, subpart III, as incorporated by reference in section 200.10 of this Title, are not subject to the requirements of this section.

(b)Definitions.

As used in this section, all terms shall have the meaning given them in section 373-2.27(b) of this Part, the ECL and Parts 370-374 and 376 of this Title.

(c)Standards: pumps in light liquid service.

(1)

(i) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph (n)(2) of this section, except as provided in paragraphs (4) through (6) of this subdivision.

(ii) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.

(2)

(i) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(ii) If there are indications of liquids dripping from the pump seal, a leak is detected.

(3)

(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subdivision (j) of this section.

(ii) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than five calendar days after each leak is detected.

(4) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (1) of this subdivision, provided the following requirements are met:

(i) each dual mechanical seal system must be:

(a) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or

(b) equipped with a barrier fluid degassing reservoir that is connected by a closed- vent system to a control device that complies with the requirements of subdivision (k) of this section; or

(c) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.

(ii) The barrier fluid system must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(iii) Each barrier fluid system must be equipped with a sensor that will detect failure of the seal system, the barrier fluid system or both.

(iv) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.

(v)

(a) Each sensor as described in subparagraph (iii) of this paragraph must be checked daily or be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly.

(b) The owner or operator must determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.

(vi)

(a) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in clause (v)(b) of this paragraph, a leak is detected.

(b) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subdivision (j) of this section.

(c) A first attempt at repair (e.g., relapping the seal) shall be made no later than five calendar days after each leak is detected.

(5) Any pump that is designated, as described in subparagraph (o)(7)(ii) of this section, for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraphs (1), (3), and (4) of this subdivision if the pump meets the following requirements:

(i) Must have no externally actuated shaft penetrating the pump housing.

(ii) Must operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in paragraph (n)(3) of this section.

(iii) Must be tested for compliance with subparagraph (ii) of this paragraph initially upon designation, annually, and at other times as requested by the commissioner.

(6) If any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of subdivision (k) of this section, it is exempt from the requirements of paragraphs (1) through (5) of this subdivision.

(d)Standards: compressors.

(1) Each compressor shall be equipped with a seal system that includes a barrier fluid system that prevents leakage of total organic emissions to the atmosphere, except as provided in paragraphs (8) and (9) of this subdivision.

(2) Each compressor seal system as required in paragraph (1) of this subdivision shall be:

(i) operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or

(ii) equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of subdivision (k) of this section; or

(iii) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.

(3) The barrier fluid must not be a hazardous waste with organic concentrations 10 percent or greater by weight.

(4) Each barrier fluid system as described in paragraphs (1) through (3) of this subdivision shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.

(5)

(i) Each sensor as required in paragraph (4) of this subdivision shall be checked daily or shall be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unmanned plant site, in which case the sensor must be checked daily.

(ii) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system or both.

(6) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subparagraph (5)(ii) of this subdivision, a leak is detected.

(7)

(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subdivision (j) of this section.

(ii) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than five calendar days after each leak is detected.

(8) A compressor is exempt from the requirements of paragraphs (1) and (2) of this subdivision if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of subdivision (k) of this section, except as provided in paragraph (9) of this subdivision.

(9) Any compressor that is designated, as described in subparagraph (o)(7)(ii) of this section, for no detectable emission as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraphs (1) through (8) of this subdivision if the compressor:

(i) is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph (n)(3) of this section; and

(ii) is tested for compliance with subparagraph (i) of this paragraph initially upon designation, annually, and at other times as requested by the commissioner.

(e)Standards: pressure relief devices in gas/vapor service.

(1) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph (n)(3) of this section.

(2)

(i) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than five calendar days after each pressure release, except as provided in subdivision (j) of this section.

(ii) No later than five calendar days after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in paragraph (n)(3) of this section.

(3) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device, as described in subdivision (k) of this section, is exempt from the requirements of paragraphs (1) and (2) of this subdivision.

(f)Standards: sampling connecting systems.

(1) Each sampling connection system shall be equipped with a closed-purge, closed-loop or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample container are not required to be collected or captured.

(2) Each closed-purge, closed-loop or closed-vent system as required in paragraph (1) of this subdivision shall:

(i) return the purged process fluid directly to the process line;

(ii) collect and recycle the purged process fluid; or

(iii) be designed and operated to capture and transport all the purged process fluid to a waste management unit that complies with the applicable requirements of section 373-3.29(f) through (h) of this Subpart or a control device that complies with the requirements of subdivision (k) of this section.

(3)In situ sampling systems and sampling systems without purges are exempt from the requirements of paragraphs (1) and (2) of this subdivision.

(g)Standards: open-ended valves or lines.

(1)

(i) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.

(ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.

(2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.

(3) 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 paragraph (1) of this subdivision at all other times.

(h)Standards: valves in gas/vapor service or in light liquid service.

(1) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in paragraph (n)(2) of this section and shall comply with paragraphs (2) through (5) of this subdivision, except as provided in paragraphs (6), (7), and (8) of this subdivision and subdivisions (l) and (m) of this section.

(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(3)

(i) Any valve for which a leak is not detected for two successive months may be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.

(ii) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.

(4)

(i) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in subdivision (j) of this section.

(ii) A first attempt at repair shall be made no later than five calendar days after each leak is detected.

(5) First attempts at repair include, but are not limited to, the following best practices where practicable:

(i) tightening of bonnet bolts;

(ii) replacement of bonnet bolts;

(iii) tightening of packing gland nuts; and

(iv) injection of lubricant into lubricated packing.

(6) Any valve that is designated, as described in subparagraph (o)(7)(ii) of this section, for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of paragraph (1) of this subdivision if the valve:

(i) has no external actuating mechanism in contact with the hazardous waste stream;

(ii) is operated with emissions less than 500 ppm above background as determined by the method specified in paragraph (n)(3) of this section;

(iii) is tested for compliance with subparagraph (ii) of this paragraph initially upon designation, annually, and at other times as requested by the commissioner.

(7) Any valve that is designated, as described in subparagraph (o)(8)(i) of this section, as an unsafe-to-monitor valve is exempt from the requirements of paragraph (1) of this subdivision if:

(i) the owner or operator of the valve determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (1) of this subdivision; or

(ii) the owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.

(8) Any valve that is designated, as described in subparagraph (o)(8)(ii) of this section, as a difficult-to-monitor valve is exempt from the requirements of paragraph (1) of this subdivision if:

(i) the owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than two meters above a support surface;

(ii) the hazardous waste management unit within which the valve is located was in operation before June 21, 1990; or

(iii) the owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.

(i)Standards: pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors.

(1) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in paragraph (n)(2) of this section if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.

(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(3)

(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subdivision (j) of this section.

(ii) The first attempt at repair shall be made no later than five calendar days after each leak is detected.

(4) First attempts at repair include, but are not limited to, the best practices described under paragraph (h)(5) of this section.

(5) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the monitoring requirements of paragraph (1) of this subdivision and from the recordkeeping requirements of subdivision (o) of this section.

(j)Standards: delay of repair.

(1) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.

(2) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least 10 percent by weight.

(3) Delay of repair for valves will be allowed if:

(i) the owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair; and

(ii) when repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with subdivision (k) of this section.

(4) Delay of repair for pumps will be allowed if:

(i) repair requires the use of a dual mechanical seal system that includes a barrier fluid system; and

(ii) repair is completed as soon as practicable, but not later than six months after the leak was detected.

(5) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies have been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than six months after the first hazardous waste management unit shutdown.

(k)Standards: closed-vent systems and control devices.

(1) Owners or operators of closed-vent systems and control devices subject to this section shall comply with the provisions of section 373-3.27(d) of this Subpart.

(2)

(i) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this section on the effective date that the facility becomes subject to the provisions of this section must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up 30 months after the effective date that the facility becomes subject to this section for installation and startup.

(ii) Any unit that begins operation after December 21, 1990, and is subject to the requirements of this section when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.

(iii)

(a) If an existing facility is already subject to 40 CFR 264.1033(a)(2)(iii) at the time a State statutory or regulatory amendment renders the facility subject to this section, the requirements established under 40 CFR 264.1033(a)(2)(iii), as incorporated by reference in section 370.1(e) of this Title, will apply.

(b) If an existing facility is not subject to 40 CFR 264.1033(a)(2)(iii) at the time a State statutory or regulatory amendment renders the facility subject to this section, the owner or operator of the facility in existence on the effective date of the State statutory or regulatory amendment that renders the facility subject to this section shall comply with all requirements of this section as soon as practicable but no later than 30 months after the State amendment's effective date. When control equipment required by the section cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site istallation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this section. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.

(iv) Owners and operators of facilities and units that become newly subject to the requirements of this section after December 8, 1997 due to an action other than those described in subparagraph (iii) of this paragraph must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this section; the 30-month implementation schedule does not apply).

(l)Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak.

(1) An owner or operator subject to the requirements of subdivision (h) of this section may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than two percent of the valves to leak.

(2) The following requirements shall be met if an owner or operator elects to comply with the alternative standard of allowing two percent of valves to leak:

(i) A performance test as specified in paragraph (3) of this subdivision shall be conducted initially upon designation, annually, and at other times requested by the department.

(ii) If a valve leak is detected, it shall be repaired in accordance with paragraphs (h)(4) and (5) of this section.

(3) Performance tests shall be conducted in the following manner:

(i) All valves subject to the requirements in subdivision (h) of this section within the hazardous waste management unit shall be monitored within one week by the methods specified in paragraph (n)(2) of this section.

(ii) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.

(iii) The leak percentage shall be determined by dividing the number of valves subject to the requirements in subdivision (h) of this section for which leaks are detected by the total number of valves subject to the requirements in subdivision (h) of this section within the hazardous waste management unit.

(m)Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair.

(1) An owner or operator subject to the requirements of subdivision (h) of this section may elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in subparagraphs (2)(ii) and (iii) of this subdivision.

(2)

(i) An owner or operator shall comply with the requirements for valves, as described in subdivision (h) of this section, except as described in subparagraphs (ii) and (iii) of this paragraph.

(ii) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip one of the quarterly leak detection periods (i.e., monitor for leaks once every six months) for the valves subject to the requirements in subdivision (h) of this section.

(iii) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip three of the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to the requirements in subdivision (h) of this section.

(iv) If the percentage of valves leaking is greater than two percent, the owner or operator shall monitor monthly in compliance with the requirements in subdivision (h) of this section, but may again elect to use this subdivision after meeting the requirements of subparagraph (h)(3)(i) of this section.

(n)Test methods and procedures.

(1) Each owner operator subject to the provisions of this section shall comply with the test methods and procedures requirements provided in this subdivision.

(2) Leak detection monitoring, as required in subdivisions (c) through (m) of this section, shall comply with the following requirements:

(i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60 (see section 370.1[e] of this Title).

(ii) The detection instrument shall meet the performance criteria of Reference Method 21.

(iii) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.

(iv) Calibration gases shall be:

(a) zero air (less than 10 ppm of hydrocarbon in air); or

(b) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.

(v) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(3) When equipment is tested for compliance with no detectable emissions, as required in paragraphs (c)(5) and (d)(9), subdivision (e), and paragraph (h)(6) of this section, the test shall comply with the following requirements:

(i) The requirements of subparagraphs (2)(i) through (iv) of this subdivision shall apply.

(ii) The background level shall be determined, as set forth in Reference Method 21.

(iii) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(iv) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(4) In accordance with the waste analysis plan required by paragraph (d)(2) of this section, an owner or operator of a facility must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:

(i) methods described in ASTM Methods D 4420, E 169, E 168, E 260 (incorporated by reference under section 370.1[e] of this Title);

(ii) Method 9060A of SW-846 (incorporated by reference under section 370.1[e] of this Title) or analyzed for its individual organic constituents; or

(iii) application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than 10 percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.

(5) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in subparagraph (4)(i) or (ii) of this subdivision.

(6) When an owner or operator and the commissioner do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations of at least 10 percent by weight, the procedures in subparagraph (4)(i) or (ii) of this subdivision can be used to resolve the dispute.

(7) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.

(8) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D-2879 (incorporated by reference under section 370.1[e] of this Title).

(9) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of section 373-3.27(e)(3)(i) through (iv) of this Subpart.

(o)Recordkeeping requirements.

(1)

(i) Each owner or operator subject to the provisions of this section shall comply with the recordkeeping requirements of this subdivision.

(ii) An owner or operator of more than one hazardous waste management unit subject to the provisions of this section may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.

(2) Owners and operators must record the following information in the facility operating record:

(i) For each piece of equipment to which this section applies:

(a) equipment identification number and hazardous waste management unit identification;

(b) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);

(c) type of equipment (e.g., a pump or pipeline valve).

(d) percent-by-weight total organics in the hazardous waste stream at the equipment;

(e) hazardous waste state at the equipment (e.g., gas/vapor or liquid);

(f) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

(ii) For facilities that comply with the provisions of section 373-3.27(d)(1)(ii) of this Subpart, an implementation schedule as specified in section 373-3.27(d)(1)(ii).

(iii) Where an owner or operator chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in section 373-3.27(f)(2)(iii) of this Subpart.

(iv) Documentation of compliance with subdivision (k) of this section, including the detailed design documentation or performance test results specified in section 373-3.27(f)(2)(iv) of this Subpart.

(3) When each leak is detected as specified in subdivisions (c), (d), (h), and (i) of this section, the following requirements apply:

(i) A weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with paragraph (i)(1) of this section, and the date the leak was detected, shall be attached to the leaking equipment.

(ii) The identification on equipment, except on a valve, may be removed after it has been repaired.

(iii) The identification on a valve may be removed after it has been monitored for two successive months as specified in paragraph (h)(3) of this section and no leak has been detected during those two months.

(4) When each leak is detected as specified in subdivisions (c), (d), (h), and (i) of this section, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:

(i) the instrument and operator identification numbers and the equipment identification number;

(ii) the date evidence of a potential leak was found, in accordance with paragraph (i)(1) of this section;

(iii) the date the leak was detected and the dates of each attempt to repair the leak;

(iv) repair methods applied in each attempt to repair the leak;

(v) "above 10,000" if the maximum instrument reading measured by the methods specified in paragraph (n)(2) of this section after each repair attempt is equal to or greater than 10,000 ppm;

(vi) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;

(vii) documentation supporting the delay of repair of a valve, in compliance with paragraph (j)(3) of this section;

(viii) the signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown;

(ix) the expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and

(x) the date of successful repair of the leak.

(5) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of subdivision (k) of this section shall be recorded and kept up-to-date in the facility operating record as specified in section 373-3.27(f)(3) of this Subpart. Design documentation is specified in section 373-3.27(f)(3) of this Subpart. Design documentation is specified in section 373-3.27(f)(3)(i) and (ii), and monitoring, operating and inspection information in section 373-3.27(f)(3)(iii) through (viii) of this Subpart.

(6) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and inspection information indicating proper operation and maintenance of the control device must be recorded in the facility operating record.

(7) The following information pertaining to all equipment subject to the requirements in subdivisions (c) through (k) of this section shall be recorded in a log that is kept in the facility operating record:

(i) A list of identification numbers for equipment (except welded fittings) subject to the requirements of this section.

(ii)

(a) A list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of paragraphs (c)(5), (d)(9), and (h)(6) of this section.

(b) The designation of this equipment as subject to the requirements of paragraphs (c)(5), (d)(9), and (h)(6) of this section shall be signed by the owner or operator.

(iii) A list of equipment identification numbers for pressure relief devices required to comply with paragraph (e)(1) of this section.

(iv)

(a) The dates of each compliance test required in paragraphs (c)(5) and (d)(9), subdivision (e), and paragraph (h)(6) of this section.

(b) The background level measured during each compliance test.

(c) The maximum instrument reading measured at the equipment during each compliance test.

(v) A list of identification numbers for equipment in vacuum service.

(vi) Identification, either by list or location (area or group) of equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year.

(8) The following information pertaining to all valves subject to the requirements of paragraphs (h)(7) and (8) of this section shall be recorded in a log that is kept in the facility operating record:

(i) A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve.

(ii) A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.

(9) The following information shall be recorded in the facility operating record for valves complying with subdivision (m) of this section.

(i) A schedule of monitoring.

(ii) The percent of valves found leaking during each monitoring period.

(10) The following information shall be recorded in a log that is kept in the facility operating record:

(i) Criteria required in clause (c)(4)(v)(b) and subparagraph (d)(5)(ii) of this section, and an explanation of the criteria.

(ii) Any changes to these criteria and the reasons for the changes.

(11) The following information shall be recorded in a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability subdivision of this section and other specific sections:

(i) An analysis determining the design capacity of the hazardous waste management unit.

(ii) A statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in subdivisions (c) through (k) of this section, and an analysis determining whether these hazardous wastes are heavy liquids.

(iii) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in subdivisions (c) through (k) of this section. The record shall include supporting documentation as required by subparagraph (n)(4)(iii) of this section when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in subdivisions (c) through (k) of this section, then a new determination is required.

(12) Records of the equipment leak information required by paragraph (4) of this subdivision and the operating information required by paragraph (5) of this subdivision need be kept only three years.

(13) The owner or operator of any facility with equipment that is subject to this section and to leak detection, monitoring, and repair requirements under regulations at 40 CFR part 60, part 61, or part 63, as incorporated by reference in section 370.1(e) of this Title, may elect to determine compliance with this section either by documentation pursuant to this subdivision, or by documentation of compliance with the regulations at 40 CFR part 60, part 61, or part 63 as incorporated by reference in section 370.1(e) of this Title, pursuant to the relevant provisions of the regulations at 40 CFR part 60, part 61, or part 63 as incorporated by reference in section 370.1(e) of this Title. The documentation of compliance under regulation at 40 CFR part 60, part 61 or part 63 as incorporated by reference in section 370.1(e) of this Title, shall be kept with or made readily available with the facility operating record.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.28

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020