[Code of Federal Regulations]
[Title 40, Volume 13]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.105]

[Page 73-75]
 
                TITLE 40 - PROTECTION OF ENVIRONMENT
 
      CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65 - CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                    Subpart F - Equipment Leaks
 
Sec. 65.105  Leak repair.

    (a) Leak repair schedule. The owner or operator shall repair each 
leak detected as soon as practical but not later than 15 calendar days 
after it is detected except as provided in paragraph (d) or (e) of this 
section. A first attempt at repair as defined in subpart A of this part 
shall be made no later than 5 calendar days after the leak is detected. 
First attempt at repair for pumps includes, but is not limited to, 
tightening the packing gland nuts and/or ensuring that the seal flush is 
operating at design pressure and temperature. First attempt at repair 
for valves includes, but is not limited to, tightening the bonnet bolts, 
and/or replacing the bonnet bolts, and/or tightening the packing gland 
nuts, and/or injecting lubricant into the lubricated packing.
    (b) [Reserved]
    (c) Leak identification removal. (1) Valves and connectors. The leak 
identification on a valve in gas/vapor or light liquid service may be 
removed after it has been monitored as specified in Sec. 
65.106(d)(2) and no leak has been detected during that monitoring. The 
leak identification on a connector in gas/vapor or light liquid service 
may be removed after it has been monitored as specified in 
Sec. 65.108(b)(3)(iv) and no leak

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has been detected during that monitoring.
    (2) Other equipment. The identification that has been placed 
pursuant to Sec. 65.104(e)(1) on equipment determined to have 
a leak, except for a valve or for a connector that is subject to the 
provisions of Sec. 65.108(b)(3)(iv), may be removed after it 
is repaired.
    (d) Delay of repair. Delay of repair is allowed for any of the 
conditions specified in paragraphs (d)(1) through (5) of this section. 
The owner or operator shall maintain a record of the facts that explain 
any delay of repairs and, where appropriate, why repair within 15 days 
was technically infeasible without a process unit shutdown.
    (1) Delay of repair of equipment for which leaks have been detected 
is allowed if repair within 15 days after a leak is detected is 
technically infeasible without a process unit shutdown. Repair of this 
equipment shall occur as soon as practical, but no later than the end of 
the next process unit shutdown, except as provided in paragraph (d)(5) 
of this section.
    (2) Delay of repair of equipment for which leaks have been detected 
is allowed for equipment that is isolated from the process and that does 
not remain in regulated material service.
    (3) Delay of repair for valves, connectors, and agitators is also 
allowed if the following provisions are met:
    (i) The owner or operator determines that emissions of purged 
material resulting from immediate repair would be greater than the 
fugitive emissions likely to result from delay of repair; and
    (ii) When repair procedures are effected, the purged material is 
collected and routed to a process or fuel gas system or is collected and 
destroyed or recovered in a control device complying with Sec. 
65.115.
    (4) Delay of repair for pumps is also allowed if the provisions of 
paragraphs (d)(4)(i) and (ii) of this section are met.
    (i) Repair requires replacing the existing seal design with a new 
system that the owner or operator has determined under the provisions of 
Sec. 65.116(d) will provide better performance or one of the 
following specifications are met:
    (A) A dual mechanical seal system that meets the requirements of 
Sec. 65.107(e)(1) will be installed;
    (B) A pump that meets the requirements of Sec. 
65.107(e)(2) will be installed; or
    (C) A system that routes emissions to a process or a fuel gas system 
or a closed vent system and control device that meets the requirements 
of Sec. 65.107(e)(3) will be installed.
    (ii) Repair is completed as soon as practical but not later than 6 
months after the leak was detected.
    (5) Delay of repair beyond a process unit shutdown will be allowed 
for a valve if valve assembly replacement is necessary during the 
process unit shutdown, and valve assembly supplies have been depleted, 
and valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the second process unit 
shutdown will not be allowed unless the third process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (e) Unsafe-to-repair: Connectors. Any connector that is designated 
as described in Sec. 65.103(d) as an unsafe-to-repair 
connector is exempt from the requirements of Sec. 65.108(d) 
and paragraph (a) of this section if the provisions of Sec. 
65.103(d) are met.
    (f) Leak repair records. For each leak detected, the information 
specified in paragraphs (f)(1) through (5) of this section shall be 
recorded and kept pursuant to Sec. 65.4(a).
    (1) The date of first attempt to repair the leak.
    (2) The date of successful repair of the leak.
    (3) Maximum instrument reading measured by Method 21 of appendix A 
of 40 CFR part 60 at the time the leak is successfully repaired or 
determined to be nonrepairable.
    (4) ``Repair delayed'' and the reason 
for the delay if a leak is not repaired within 15 calendar days after 
discovery of the leak as specified in the paragraphs (f)(4)(i) and (ii) 
of this section.
    (i) The owner or operator may develop a written procedure that 
identifies the conditions that justify a delay of repair. The written 
procedures may be included as part of the startup/shutdown/malfunction 
plan required by

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Sec. 65.6 for the source or may be part of a separate document 
that is maintained at the plant site. In such cases, reasons for delay 
of repair may be documented by citing the relevant sections of the 
written procedure.
    (ii) If delay of repair was caused by depletion of stocked parts, 
there must be documentation that the spare parts were sufficiently 
stocked onsite before depletion and the reason for depletion.
    (5) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.