On September 20, 2019, LDEQ proposed amendments LAC 33:III.5130 and 5132 ( AQ373). The rule will codify leak detection and repair (LDAR) programs for Louisiana Maximum Achievable Control Technology (MACT) Determinations for Non-Hazardous Organic NESHAP (Non-HON) Sources (Equipment Leaks) and MACT Determinations for Non-HON Sources (Equipment Leaks) with Consent Decree Enhancements.
The two LDAR programs represent LDEQ's MACT determinations under LAC 33:III.5109.A for fugitive emissions from components such as pumps, compressors, valves, and connectors at certain process units within chemical manufacturing facilities.
Under LAC 33:III.2199, Appendix B addresses the Louisiana Consolidated Fugitive Emissions Program. Table 9, otherwise known as the Stringency Table, lists potentially applicable LDAR programs in order of decreasing stringency, including the two programs previously mentioned. Although, unlike most of the other LDAR programs identified in the table, the subject Louisiana MACT Determinations have not yet been codified. Table 9 is included at the end of this article.
These LDAR programs need to be codified in order to ensure their provision remain uniform. Additionally, they need to be codified to facilitate the department's assessment of how any future revisions to leak definitions, monitoring methods, or monitoring frequencies could impact their position in Table 9.
In the proposed amendments, LAC 33:III.5130, Louisiana MACT Determination for Non-HON Sources applies to sources that are intended to operate volatile organic toxic air pollutants (VOTAP) service in excess of 300 hours during a calendar year for the following components: pumps, compressors, pressure relief devices, instrumentation systems, sampling connection systems, open-ended valves or lines, valves, flanges and other conncectors, bottoms receivers, surge control vessels, agitators, and control devices or systems. Owners or operators subject to this Section will need to demonstrate compliance with the requirements of Subsections C - O for each new and existing source. Additionally, they must comply with the test methods and procedures provided in Subsection P, record keeping requirments outlined in Subsection Q, and reporting requirements in Subsection R.
The reporting requirements in Subsection R state that:
An owner or operator of any piece of equipment to which this MACT determination applies shall submit a statement in writing by 90 days after the approval of the Compliance Plan/Certificate of Compliance, if applicable, or within 90 days of becoming subject to the provisions of this Section, notifying the department of the following information for each source:
- Equipment identification and process unit identification
- Type of equipment (e.g., a pump or pipeline valve)
- Percent by weight VOTAP in the fluid at the equipment
- Process fluid state at the equipment (i.e., gas/vapor or liquid
- Method of compliance with the MACT determination (e.g., quarterly leak detection and repair, or equipped with dual mechanical seals)
In the proposed amendments, LAC 33:III.5132, Louisiana MACT Determination for Non-HON Sources with Consent Decree Enhancements, owners and operators of a subject facility or process unit needs to comply with the provisions outlined in LAC 33:III.5130 expect as modified below:
- For valves in gas/vapor service, if an instrument reading of 200 ppm or greater is measured, a leak is detected
- For valves in light liquid service, if an instrument reading of 500 ppm or greater is measured, a leak is detected
- Each pump in light liquid service shall be monitored monthly to detect leaks by the method specified in LAC 33:III.5130.P.2, except as provided in LAC 33:III.5130.C.4, D.4, and D.5
- The owner or operator may not comply with the alternate monitoring provisions for valves in VOTAP service (i.e., skip periods) under LAC 33:III.5130.J
- The owner or operator shall monitor leaking components by the method specified in LAC 33:III.5130.P.2 or P.3, as applicable, following the first attempt at repair as described in LAC 33:III.5130.D.3.b, E.8.b, I.3.b, K.3.b, N.6.d, O.9, and O.11.c no later than five calendar days after the leak is detected
- Delay of repair
A public hearing will be held:October 30, 2019
Oliver Pollock Conference Room, 602 N.
Public comments on AQ373 must be received no later than November 6, 2019 at 4:30pm. Email comments to Deidra Johnson at DEQ.Reg.Dev.Comments@la.gov, Attorney Supervisor
If you have any questions regarding the proposed rule, please contact Trinity's Baton Rouge office (225) 346-4003.