(a) Beginning January 1, 2023, the following requirements apply to equipment that must be controlled using a vapor collection system and control device pursuant to the requirements specified in this Part.
(b) The vapor collection system shall direct the collected vapors to one of the following:
(1) A sales gas system; or,
(2) A fuel gas system.
(c) If no sales gas system or fuel gas system is available at the facility, the owner or operator must control the collected vapors by January 1, 2024 as follows:
(1) For facilities without an existing vapor control device, the owner or operator must install a new vapor control device as specified in section 203-8.1(d); or,
(2) For facilities currently operating an existing vapor control device that is required to control additional vapors as a result of this Part, if the device does not already meet the requirements specified in subdivision 203-8.1(d), the owner or operator must modify or replace the existing vapor control device to control vapors at the same efficiency or greater than that required in subdivision 203-8.1(d).
(d) Any vapor control device required in subdivision 203-8.1(c) must achieve at least 95 percent vapor collection control efficiency of total emissions and must meet all applicable federal and state requirements.
(e) Vapor collection systems and control devices may be taken out of service for up to thirty (30) days per rolling twelve (12) month period to perform maintenance while the facility continues to operate.
(1) A time extension to perform maintenance not to exceed fourteen (14) days per twelve (12) month period may be granted by the Department. The owner or operator is responsible for maintaining a record of the number of days per year that the vapor collection system or vapor control device is out of service and shall provide a record of such activity at the request of the Department.
(2) If an alternate vapor control device compliant with this section is installed prior to conducting maintenance and the vapor collection and control system continues to collect and control vapors during the maintenance operation consistent with the applicable standards specified in this Subpart, the event does not count towards the thirty (30) day limit.
(3) Vapor collection system and control device shutdowns that result from emergencies as defined in Section 201-1.5 of this Title are not subject to enforcement action, provided the equipment resumes normal operation immediately after the emergency and the requirements in Section 201-1.5 of this Title are met. Vapor collection system and control device shutdowns that result from utility power outages do not count towards the thirty (30) day limit for maintenance.
Adopted New York State Register February 16, 2022/Volume XLIV, Issue 07, eff. 3/3/2022