No. 42114 (Change in Proposed Rule): Rule R307-509. Oil and Gas Industry:Leak Detection and Repair Requirements

DAR File No.: 42114
Filed: 01/04/2018 12:08:05 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah Air Quality Board proposed a new Rule R307-509 for public comment on 09/06/2017. A 45-day public comment period and two public hearings were held, during which the Division of Air Quality (DAQ) received comments that resulted in changes being made to the originally proposed rule. This rule is amended to clarify the definition of a 'Well Site", add missing definitions, and to clarify that VOC control devices that meet the requirements of Federal NSPS OOOOa automatically meet the requirements of this rule. The clarifications do not substantially change the proposed requirements.

Summary of the rule or change:

This change to the proposed rule clarifies the definition of a 'Well Site", adds missing definitions, and clarifies that VOC control devices that meet the requirements of Federal NSPS OOOOa automatically meet the requirements of this rule. (EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the October 1, 2017, issue of the Utah State Bulletin, on page 79. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

This change in proposed rule does not affect the original economic impact analysis.

local governments:

This change in proposed rule does not affect the original economic impact analysis.

small businesses:

This change in proposed rule does not affect the original economic impact analysis.

persons other than small businesses, businesses, or local governmental entities:

This change in proposed rule does not affect the original economic impact analysis.

Compliance costs for affected persons:

No additional compliance costs are expected for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After thorough review, it has been determined that these changes will not affect the original analysis provided in the original proposed rule.

Alan Matheson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Thomas Gunter at the above address, by phone at 801-536-4419, by FAX at , or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule may become effective on:

03/02/2018

Authorized by:

Bryce Bird, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

 

The change in proposed rule does not affect the original economic impact analysis.

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

R307. Environmental Quality, Air Quality.

R307-509. Oil and Gas Industry: Leak Detection and Repair Requirements.

R307-509-1. Purpose.

R307-509 establishes requirements for conducting leak detection and repairs at [oil and gas operations ]well sites to control emissions of volatile organic compounds.

 

R307-509-2. Definitions

"Difficult-to-Monitor" means difficult-to-monitor as defined 40 CFR 60.5397a, which is incorporated by reference in R307-210.

"Fugitive emissions" are considered any visible emissions observed using optical gas imaging or a Method 21 instrument reading of 500 ppm or greater.

"Fugitive emissions component" means any component that has the potential to emit fugitive emissions of VOC, including but not limited to valves, connectors, pressure relief devices, open-ended lines, flanges, covers and closed vent systems, thief hatches or other openings, compressors, instruments, and meters.

"Unsafe-to-Monitor" means unsafe-to-monitor as defined 40 CFR 60.5397a, which is incorporated by reference in R307-210.

 

R307-509-3. Applicability.

(1) R307-509 applies to each fugitive emissions component at a well site as defined in 40 CFR 60.5430a, Subpart OOOOa , Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution and is required to control emissions in accordance with R307-506 and R307-507.

(a) A source meeting the requirements of 40 CFR 60.5397a is meeting the requirements of this rule.

(b) Sources subject to R307-509, are subject until the well is shut in.

([a]c) R307-509 does not apply to a fugitive emissions component that is subject to an approval order issued under R307-401-8.

 

R307-509-4. Leak Detection and Repair Requirements.

(1) Applicable sources shall comply with the following:

(a) The owner[/]or operator shall develop an emissions monitoring plan that [will]shall be available upon request to review for each individual well site. At a minimum, the plan shall include:

(i) monitoring frequency;

(ii) monitoring technique and equipment;

(iii) procedures and timeframes for identifying and repairing leaks;

(iv) recordkeeping practices; and

(v) calibration and maintenance procedures for monitoring equipment.

(b) The plan shall address monitoring for

difficult-to-monitor and unsafe-to-monitor components.

(c) The owner[/]or operator shall conduct monitoring surveys on site to observe each fugitive emissions component for fugitive emissions.

(d) Monitoring surveys shall be conducted according to the

following schedule:

(i) No later than [180]365 days after January 1, 2018, or no later than 60 days after startup of production, as defined in 40 CFR 60 Subpart OOOOa Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution, whichever is later.

(ii) Semiannually after the initial monitoring survey. Consecutive semiannual monitoring surveys shall be conducted at least four months apart.

(iii) Annually after the initial monitoring survey for "difficult-to-monitor" components.

(iv) As required by the owner[/] or operator's monitoring plan for "unsafe-to-monitor" components.

(e) Monitoring surveys shall be conducted using one or both of the following to detect fugitive emissions:

(i) Optical gas imaging (OGI) equipment. OGI equipment shall be capable of imaging gases in the spectral range for the compound of highest concentration in the potential fugitive emissions source.

(ii) Monitoring equipment that meets U.S. EPA Method 21, 40 CFR Part 60, Appendix A.

(f) If fugitive emissions are detected at any time, the

owner[/]or operator shall repair the fugitive emissions component as soon as possible but no later than 15 calendar days after detection. If the repair or replacement is technically infeasible, would require a vent blowdown, a well shutdown or well shut-in, or would be unsafe to repair during operation of the unit, the repair or replacement shall be completed during the next well shutdown, well shut-in, after an unscheduled, planned or emergency vent blowdown or within 24 months, whichever is earlier.

(g) The owner[/]or operator shall resurvey the repaired or replaced fugitive emission component no later than 30 calendar days after the fugitive emission component was repaired.

 

R307-509-5. Recordkeeping.

(1) The owner[/] or operator shall maintain records of the emissions monitoring plan[,].These records shall be retained for the life of the well site.

(2) The owner or operator shall maintain records of the monitoring surveys, repairs, and resurveys . These records shall be retained for a minimum of three years.

 

KEY: air pollution, oil, gas

Date of Enactment or Last Substantive Amendment: [2017]2018

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)