Equipment
Tagging is required for regulated equipment to distinguish it from non-regulated equipment. The Appendix sets the following penalties for failure to tag:
- $250 per valve, flange, connector, open-ended valve or line, sampling connection system, or instrumentation system;
- $1,000 per pump or agitator; and
- $5,000 per compressor, pressure relief device, surge control vessel, or bottoms receiver.
It is a violation to tag equipment that is not subject to regulation because this will result in a process unit appearing to have a lower leak rate. Equipment that is not tagged may also not have been monitored, meaning additional penalties may need to be assessed.
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Monitoring
Monitoring and inspections are required at regular intervals and may also be required after a leak has been repaired. Monitoring methods include Method 21 and visual, auditory, and olfactory methods. The frequency of monitoring depends on the equipment type. Penalties range from $2,500 to $18,500. Violations include:
- Missed monitoring and inspections. Common examples include a complete failure to monitor all pieces of equipment in a process unit, occasional failure to conduct one or more monitoring events (e.g., failure to remove insulation during monitoring), use of an instrument that does not adequately respond to the compounds present, and holding the monitoring instrument too far from the equipment. Penalties for missed monitoring range from $100 per valve, flange, and connector to $2,000 per compressor, pressure relief valve, and closed vent system.
- Method 21 calibration. In general, the Method 21 instrument must be calibrated before use on each day of use. A failure to calibrate the instrument before monitoring is equivalent to a failure to monitor because there is no information to validate the data collected on that day. Other Method 21 calibration violations may not include failure to monitor. For example, operators must ensure that the gas cylinders they use are certified to a minimum percentage of accuracy. Use of gas cylinders that do not meet this standard may still result in leak detection. However, use of an expired gas cylinder for calibration or use of a cylinder that is not recertified is equivalent to a missed monitoring event.
- Comparative monitoring. Failure to perform Method 21 correctly may be indicated if comparative monitoring at the process unit shows a higher calculated leak rate than shown in the company’s monitoring records.
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Tagging for Repair
Each piece of leaking equipment must be physically tagged to identify it as requiring repair. Penalties for not doing so range from $100 (pump, flange, connector) to $2,000 (compressor, pressure relief valve). If the equipment was repaired on time even though it was not tagged, inspectors have the discretion to reduce or not assess a penalty.
Repair
Operators must make a first attempt to repair within 5 days of identifying a leak. If the first attempt is ineffective, the leak must be repaired as soon as practicable but no later than 15 days after the leak was detected. Exceptions (e.g., technical infeasibility) may apply. Also, an operator can be fined multiple times for failure to repair a single piece of equipment within the deadlines, i.e., a penalty is assessed for each failure to repair the same leak. The Appendix lists a $100-per-day penalty and a $1,000 cap for all pieces of equipment when the first-attempt-at-repair requirement is not met. The penalties increase dramatically when the final-attempt-at-repair requirement is not met; for example, for a compressor or pressure relief valve, the penalty is $3,000 per unit with a cap of $375,000 (125 days).
Equipment Standards
An equipment standard violation refers to a failure to provide certain equipment in LDAR service with hardware required by regulations to prevent leaks. For example, open-ended lines must be equipped with a cap, a blind flange, a plug, or a second valve. Compressors must be equipped with a particular type of seal. Penalties are $750 for each piece of equipment involving an open-ended line, sampling connection system, or instrumentation system. The penalty is $2,000 for each compressor, closed vent system, surge control vessel, and bottom receiver.
Pressure Testing
When equipment is reconfigured for the production of different products or intermediates, the equipment must be pressure tested for leaks before it is placed into service. A penalty of $11,250 is assessed per failure to test plus the sum of the per-equipment penalties –$100 per valve, flange, or connector; $400 per pump or agitator; and $2,000 per compressor, pressure relief valve, or closed vent system.
Also, if pressure testing indicates a leak, the leak must be repaired and the equipment retested for start-up. If the equipment fails the second test, the leak must be repaired as soon as practicable, but not later than 30 days following the retest. Penalties for violating these requirements are assessed per day with a 125-day cap– $150 per day for a valve, flange, or connector with an $18,500 cap; $500 per pump or agitator with a $62,500 cap; and $3,000 per day for a compressor or pressure relief valve with a $375,000 cap.
Finally, the regulations require that pressure be measured using certain units (e.g., pounds per square inch gauge). A penalty of $250 may be assessed if other units are used (e.g., inches of mercury); however, this violation does not void the test results.