Current through Reg. 50, No. 13; March 28, 2025
(a) General program objective. Owners or
operators are encouraged to voluntarily and routinely use an alternative leak
detection technology to detect and repair leaks not otherwise
detectable.
(b) Elements of an
approvable program. In order to be considered for approval a program must
include, at a minimum:
(1) A schedule for leak
surveys to be conducted at least once per year.
(2) If optical gas imaging is the
supplemental detection method used, then the leak detection devices shall meet
the following specifications:
(A) the
requirements of 40 Code of Federal Regulations (CFR) §60.18(i)(1)
(December 22, 2008); and,
(B) the
requirements of the daily instrument check as specified in
40 CFR
§60.18(i)(2) (December
22, 2008).
(3) The daily
instrument check must be performed by each person that is performing imaging
for that day.
(4) If optical gas
imaging is the supplemental detection method used, any person that performs the
supplemental leak detection of this subchapter shall comply with the following
minimum training requirements:
(A) The
operator of the optical gas imaging instrument must receive a minimum of 24
hours of initial training on the optical gas imaging instrument before using
the instrument for the purposes of the supplemental leak detection in this
section.
(B) Operators using
optical gas imaging instruments for this supplemental leak detection shall
comply with one of the following requirements for on-going training purposes:
(i) operators shall attend an annual
eight-hour refresher training class on the optical gas imaging instrument used
for this supplemental leak detection; or
(ii) operators shall maintain a minimum of
100 hours annually of hands-on operational experience with the model of optical
gas imaging instrument used for the supplemental leak detection. Operators
electing this option shall maintain a written record of the operator's
operational experience with the optical gas imaging instrument.
(c)
Exceptions. The following information cannot be used to support a program
incentive under this subchapter:
(1) where the
leak was independently detected, or an investigation of the leak was initiated
by the executive director or personnel of any air pollution program with
jurisdiction, before the leak was detected by the owner or operator;
(2) information resulting from an audit
performed under the Texas Environmental, Health, and Safety Audit Privilege
Act; and
(3) emissions from
equipment or facilities constructed or modified without
authorization.
(d)
Repair.
(1) Except to the extent that the
size and complexity of the repair warrants a repair period in excess of 45
days, repairs must be completed within 45 days of the leak detected by the
alternative leak detection technology. If the repair of a leak within 45 days
after the leak is detected would require a process unit shutdown that would
create more emissions than the repair would eliminate, the repair may be
delayed until the next scheduled process unit shutdown; and,
(2) The leak and its repair must not have
caused a nuisance (as defined in §
101.4 of this title (relating to
Nuisance).
(e)
Recordkeeping. The owner or operator participating in this program shall
maintain records on site, or at a pre-determined off-site location, for five
years. Records must be available for inspection by the executive director or
local air pollution control program with jurisdiction upon request. The records
must include:
(1) If optical gas imaging is
the supplemental detection method used:
(A)
digital recordings of the leak when first observed;
(B) recordings which document the successful
repair of the equipment or component;
(C) all digital recordings of leaks and
repairs shall be saved in a non-proprietary file format; and,
(D) the digital recordings of leaks and
repairs shall contain information readily available from the camera including
date, time, and camera settings.
(2) Documentation demonstrating compliance
with approvable program elements listed in subsection (b)(1) - (4) of this
section.
(3) The records will
include information on the completion of the repair sufficient to demonstrate
compliance with this program.